DERRY – Charges in the Lobster Claw II murder case have been provisionally dropped after the suspect was determined to be mentally unfit to stand trial.
Judge Lisa English made a final finding Tuesday that the alleged gunman in the killing, John Kratz, 29, of Candia, was mentally unwell and a danger to himself and others.
She dismissed the charge without prejudice, meaning the state can charge Kratz in the future if he is found competent to stand trial.
Pending recommitment, English ruled that Kratz will be involuntarily committed to the secure psychiatric unit of the New Hampshire State Prison for 90 days, after which he will be re-evaluated to see if he is competent.
Kratz stood trial for knowingly causing the death of his uncle John Kratz Jr., 64, of Sandown, during the Lobster Claw II on May 17, 2023. He was charged with one count of knowing second-degree murder and one count of reckless second-degree murder . degree murder for allegedly shooting his uncle in the head.
English made the decision based on Kratz’s evaluation by James Bomersbach, a psychologist, president of the New Hampshire Psychological Association and an employee of the Office of the Forensic Examiner.
“Dr. Bomersbach further concluded that the suspect qualifies for a finding of dangerous behavior,” the ruling said.
Based on the criteria from State v. Lavoie, Bomersbach determined that Kratz met the conditions for establishing danger.
According to court documents, Bomersbach said Kratz had met four of the requirements set forth in State v. Lavoie: the alleged murder of another person with a firearm; demonstrate a strong interest in firearms in general and their need for personal protection or to end his own life; lack of understanding of how his alleged behavior caused his current circumstances; and does not claim any responsibility for his actions.
“The defendant’s conduct in this case represents the actual infliction of serious bodily harm upon another person,” Bomersbach wrote. “(Kratz’s) ongoing mental condition and lack of insight into the allegations in this case demonstrate an ongoing threat of harm to himself and others.”
According to an affidavit filed by Derry Detective Scott Tompkins, Kratz disclosed to Tompkins that he has a history of mental illness.
Tompkins said Kratz admitted to shooting his uncle twice, but claimed it was to defend himself and his father.
“Kratz admitted to killing his uncle and claimed he did so because he was protecting his father from being murdered,” Tompkins wrote in the affidavit. “He said he believed what he did was legal.”
Tompkins wrote in the affidavit that a day after the shooting, Kratz claimed his mother, Donna Kratz, and others tried to kill him and his father.
