An Akron man accused in the shooting death of a Lyft driver has done such a good job advocating for his mental issues that this helped convince a Summit County judge he was competent to stand trial.
“The court has never experienced a defendant who has argued and advocated so thoroughly and aggressively that he is not competent,” Summit County Common Pleas Judge Alison McCarty said in a ruling this week about Kahlyl Powe’s competency. “To do so indicates an awareness of legal outcomes that usually escapes those that are truly incompetent.”
Powe, 25, is charged in the May 2021 slaying of Kristopher Roukey, 48, of Hudson, a driver with the Lyft ride-sharing service whom Powe had hired to give him a ride. Powe faces several charges, including murder and weapons offenses.
After a lengthy process that included three evaluations, McCarty ruled Wednesday that Powe was competent to understand the criminal proceedings against him and to assist in his defense.
The battle over Powe’s mental health issues, though, isn’t over.
John Alexander, who is representing Powe with attorney Ed Smith, has requested that Powe now undergo a sanity evaluation.
“We respect her ruling but do object to her finding,” Alexander said of McCarty’s decision. “Our next step will be to have him evaluated for a not-guilty-by-reason-of-insanity plea to determine if he was insane at the time of the offense.”
Alexander said he and Smith are currently searching for a doctor to do the evaluation.
Police say passenger shot Lyft driver after he was dropped off
Akron police said Roukey was shot at about 5 p.m. May 2, 2021, near East Market Street and Buchtel Avenue while he was working as a Lyft driver.
According to court documents, witnesses saw Powe get out of the passenger seat of Roukey’s vehicle and fire several shots at him. Powe then walked down the street and was seen walking into an apartment on Buchtel Avenue, police said.
Powe was arrested at that same location, with a firearm recovered, police said.
Roukey died a short time after the shooting at a nearby hospital.
Roukey’s loss is mourned by friends and family
Lyft officials issued a statement after the shooting that said the company was heartbroken and would cooperate with the investigation.
The city of Akron also put out a statement. Roukey’s wife, Rachel, works in the city’s Recreation and Parks Department. Former Mayor Dan Horrigan said a family member of a city employee was “lost to senseless gun violence here in our community.”
Roukey lived in Hudson with Rachel and their two high-school age children. His kids were involved in sports and he was a constant presence at their practices and games.
More: Lyft driver Kris Roukey remembered as loving father, caring friend and avid sports fan
Roukey worked for Cleveland’s professional baseball team for more than 20 years in various capacities selling merchandise. Before that, he ran the merchandise shop for the team that is now the Akron RubberDucks when its games were played at Thurman Munson Stadium in Canton.
Roukey worked for the Cleveland team as the coordinator of game-used merchandise until the summer of 2020 when he was let go during the pandemic.
A GoFundMe account for the Roukey family after the shooting raised more than $45,000 and had hundreds of donors. A charitable fund to benefit nonprofit organizations was also established in Roukey’s honor.
Doctors reach differing opinions about Powe’s competency
Powe was evaluated three times between November 2021 and July 2023, with two psychologists finding him competent and one saying he was not.
Alexander said in a recent hearing that Sylvia O’Bradovich, the psychologist who did the most thorough examination of Powe, found him to be incompetent. He said she put more weight on Powe’s psychological history than on his responses to questions and how he scored on tests.
Alexander said Powe has had psychological issues for 20 years. He said Powe has been seen by dozens of doctors, hospitalized and treated in outpatient facilities, and placed on medication.
“That is not something you can fake over a period of 20 years,” he said.
O’Bradovich said Powe was last seen by a mental health professional in April 2021, a month before the shooting. She said Powe was refusing to take his medication, which the psychologist was concerned about.
“Could that cause a degeneration of mental stability?” Alexander asked.
“Yes,” O’Bradovich responded.
Alexander said most mental health professionals who interact with Powe think it’s obvious he has a serious mental illness. He said Powe has had a half-dozen diagnoses, including post-traumatic stress disorder and schizophrenia.
Assistant Prosecutor Jonathan Baumoel, though, said two other evaluations deemed Powe competent.
Baumoel said these doctors thought Powe understood the court proceedings and could be feigning mental illness to try to avoid being prosecuted.
Judge says evidence points to Powe’s competency
McCarty said she reviewed the evaluations and listened to testimony by the psychologists.
The judge said she also has had significant interactions with Powe during Zoom and in-person court appearances. She said Powe, who has filed his own motions and asked that the court be shown his mental-health records, has “an exceptional awareness” of court processes.
McCarty said Powe has engaged in manipulative behavior in the past and often succeeded in achieving the outcomes he desired.
“The defendant wants the court to find him incompetent so as to evade criminal punishment and incarceration,” McCarty said in her 22-page decision.
While O’Bradovich found Powe incompetent, McCarty said the other evidence far outweighed this finding.
McCarty has asked that the defense have the insanity evaluation completed by April 1. Powe’s trial is currently set for June 3.
Stephanie Warsmith can be reached at [email protected], 330-996-3705 and on Twitter: @swarsmithabj.
This article originally appeared on Akron Beacon Journal: Kahlyl Powe, accused of Lyft driver’s shooting, is found competent
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