Akron Beacon Journal

Judge finds Akron man accused of shooting Lyft driver competent

- Stephanie Warsmith

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 notguilty-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.

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 halfdozen 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.

 ?? PHIL MASTURZO/AKRON BEACON JOURNAL ?? Attorney Ed Smith, left, talks with Kahlyl Powe, who is accused in the shooting death of a Lyft driver, during a recent competency hearing in Summit County Common Pleas Court. Judge Alison McCarty found Powe competent to stand trial.
PHIL MASTURZO/AKRON BEACON JOURNAL Attorney Ed Smith, left, talks with Kahlyl Powe, who is accused in the shooting death of a Lyft driver, during a recent competency hearing in Summit County Common Pleas Court. Judge Alison McCarty found Powe competent to stand trial.
 ?? ?? Roukey
Roukey
 ?? PHIL MASTURZO/AKRON BEACON JOURNAL ?? Psychologi­st Sylvia O’Bradovich testifies in Summit County Common Pleas Court during a recent competency hearing for Kahlyl Powe, who is charged in the shooting death of a Lyft driver. O’Bradovich found that Powe was incompeten­t to stand trial, but two other evaluation­s found him to be competent.
PHIL MASTURZO/AKRON BEACON JOURNAL Psychologi­st Sylvia O’Bradovich testifies in Summit County Common Pleas Court during a recent competency hearing for Kahlyl Powe, who is charged in the shooting death of a Lyft driver. O’Bradovich found that Powe was incompeten­t to stand trial, but two other evaluation­s found him to be competent.

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