Charles Kidd, Facing Murder Charge in Woodlands Killing, Was Suffering from Dementia and May Not Stand Trial

Charles Kidd, the 86-year-old former resident of Blare Drive in Palm Coast who shot and killed 36-year-old Mark Ruschmeier in August, was suffering from dementia severe enough at the time that two psychologists have concluded he is not competent to stand trial.




Ruschmeier was living in Kidd’s house, along with Ruschmeier’s mother, who was a friend of Kidd’s. She told authorities that there’d been “hostility” between Kidd and her son for a couple of years. The morning of August 14 they argued, and Kidd shot him twice. He surrendered to Flagler County Sheriff’s deputies without a struggle that morning and has been at the county jail since, on a second degree murder charge.

Circuit Judge Terence Perkins has not ruled on the competency evaluations. He is leaning toward the two psychologists’ conclusions, which appear to be identical, based on discussions about the findings during a pre-trial before Perkins this afternoon. Kidd was in the courtroom. He was not reactive, but most defendants aren’t reactive at pre-trials. The prosecution is asking for a third evaluation. Lawrence Avallone, Kidd’s attorney, is objecting.

One of the two evaluations in the court files was done by a court-appointed psychologist. The other was done by a psychologist privately hired by Kidd’s defense. “With all due respect, I don’t know anything about the doctor,” Assistant State Attorney Jason Lewis said, requesting that the judge order a third evaluation. (The case is being prosecuted by Assistant State Attorney Jennifer Dunton. Lewis was briefly standing in for her.)

“We’ve got both that are saying the same thing,” Perkins said, wondering why he should order yet another evaluation. “I know I can do it, but isn’t it a waste of time?”




“It’s a serious case,” Lewis said. “We couldn’t hire anyone. We tried to hire someone and have him evaluated, the defense objected.”

Avallone made clear why. “This diagnosis, and the state is well aware of this, was in place prior to Mr. Kidd’s arrest, and they have all that information,” he told the judge. “So there’s no real dispute here, as far as this diagnosis goes. There’s not going to be a change in that. And the law is pretty clear on where we proceed from here.” As far as the defense is concerned, the prosecution’s request “is going to delay the inevitable.”

“I’ll review it an I’ll compare that to the evaluation that we have,” Perkins said. “If I feel like I need a third evaluation, I’ll order it. If I feel like I’ve got enough and they’re concurring with regard to the diagnosis and treatment, which would be essentially that he’s incompetent, but that Mr. Kidd does not qualify for involuntary commitment for restorative services, then I’ll enter that order, and we’ll take it from there.” Perkins said that if he’s “on the fence” after his own evaluations of the evaluations, he’ll bring the attorneys back for arguments as to whether there should be a third evaluation.

If Perkins accepts the two evaluations, then Kidd will not stand trial or be imprisoned, though he will be ordered to community-based treatment. “As to what that looks like, we will have to have a hearing on that. I don’t know what type of facility we would need. We would need a secure facility.” Which would amount to something similar to a locked, memory care ward in an assisted living facility, confining Kidd, but in a state hospital.

The next hearing is scheduled for April 24 at 1:30 p.m.