Judge rules Levi Axtell is incompetent to stand trial
More than two years after Grand Marais resident Levi William Axtell was charged with the murder of 77-year-old Lawrence Scully, a judge has ruled that Axtell remains incompetent to stand trial.
“The Court finds that Mr. Axtell is currently not competent to proceed because he suffers from ongoing delusions that prevent him from rationally consulting with his legal counsel and participating in his legal defense,” Judge Steve Hanke wrote.
The ruling follows a two-day competency hearing in April at the Cook County Courthouse, where four medical providers testified on Axtell’s medical history and current mental state.
Axtell is currently at the Forensic Mental Health Program in St. Peter, Minn., a residential facility for adults with mental illness. He declined to appear in person for the April competency hearing and instead participated remotely.
Two of the medical providers evaluated Axtell, 29, on numerous occasions following the March 2023 murder. The other two medical providers included former Sawtooth Mountain Clinic physician Dr. Kurt Farchmin and North Shore Health Chief of Medical Staff Dr. Michael Sampson, who provided context to Axtell’s medical history.
Psychologist Kimberly Turner evaluated Axtell and wrote a Rule 20.01 evaluation report in February 2024. A Rule 20.01 focuses on a defendant’s present competence to proceed. Turner diagnosed Axtell with delusional disorder and stated in her report and on the stand in April that Axtell remains incompetent to stand trial.
During the April hearing, Psychologist Mischelle Vietanen stated while an individual could have “symptom overlap,” she disagreed with the delusional disorder diagnosis and, instead, based on her Rule 20.01 evaluations, had diagnosed Axtell with schizotypal affective disorder, a personality disorder. Vietanen said in April she believed Axtell was competent to stand trial.
Turner and Vietanen highlighted in their testimony that Axtell remains fixated on sex offenders and has continued to ruminate on the belief that he is a “hero” for killing Scully.
Judge Hanke wrote in his finding of incompetency, “The record as a whole does not support Dr. Vietanen’s contention that Mr. Axtell has persecutory beliefs regarding sex offenders rather than true delusion or delusional disorder.”
“Instead, the record shows that Mr. Axtell not only has a long-standing, deeply held belief that sex offenders are bad, dangerous, and will re-offend,” Judge Hanke wrote. “He also has a long-standing, deeply held belief that sex offenders will certainly re-offend unless he kills them first.”
Axtell, who is charged with second-degree murder, will remain at the St. Peter facility and undergo another Rule 20.01 evaluation in the coming months.