FARGO — A Moorhead man cannot be held criminally responsible for being accused of digging up a grave last year at a Fargo cemetery, doctors say.
The results of a mental health evaluation performed on Jordan Lee Schweitzer at the State Hospital in Jamestown, N.D., were announced Tuesday, July 21, during a pretrial hearing in Cass County District Court. The 31-year-old charged with a Class C felony of disturbing a human burial site lacked criminal responsibility at the time of the alleged conduct, the evaluation found.
Schweitzer has pleaded not guilty in connection to the June 26, 2019, arrest. Fargo police responded that afternoon to Sunset Memorial Gardens, 1715 52nd Ave. S., after a worker confronted a man about disturbing the gravesite of Joshua Nelson. The 21-year-old died of a heroin overdose in 2013, according to a Forum story published in 2016.
Officers were investigating the scene when Schweitzer showed up, court documents allege. He told officers he was “being controlled by electromagnetic signals,” and said he was digging up the grave because “there were signals coming from inside,” a criminal complaint said.
The grave was dug down to the concrete vault, but Nelson’s casket was not disturbed, according to family. Family raised money to repair the grave, headstone and decorations at the site.
Further evaluations and reviews will be completed before Judge Tom Olson makes a final decision on the case, which could happen in 90 days. If Olson finds Schweitzer is not guilty for lack of competency, the defendant will be committed to a facility for treatment.