A first-degree-murder charge was dismissed against a Tucson man accused of killing a fellow group-home resident because doctors determined he is incompetent to stand trial and unlikely to ever become competent, even with treatment.

Because Sean Scheinkman has already gone through a civil commitment process, he will be transferred from the Pima County jail to the Arizona State Hospital in Phoenix. Scheinkman will remain in the hospital unless or until doctors determine he is no longer a danger to himself or others or is no longer persistently and acutely disabled.

Deputy Pima County Attorney J.C. Patrascioiu asked Pima County Superior Court Judge Kenneth Lee to order the state hospital to let prosecutors know if Scheinkman's condition or location changes. The charges were dismissed Monday without prejudice, meaning they can be refiled.

Scheinkman and Richard Lane, 56, got into a fight over cigarettes in November 2008 at a group home in the 2600 block of East Coconino Vista.

Others were present when the fight started in the backyard but chose to go inside because they were afraid of Scheinkman, police said.

After the fight, Scheinkman went inside, got some belongings and left on a bus.

The house manager went looking for Lane and found him dead in the backyard. There were bloody shoe prints around his body, according to court documents.

Scheinkman was arrested at the Ronstadt Transit Center downtown and booked into the Pima County jail on suspicion of first-degree murder.

Scheinkman admitted to police he kicked and hit Lane several times, documents show.

On StarNet: Read Kim Smith's blog, At the Courthouse, for news out of Pima County's courts at azstarnet.com/courthouse

Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com


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