ALLEGAN, Mich. — Allegan County Probate Judge Michael Buck decided on Tuesday that Christopher Fitzhugh, a man once charged with homicide in the death of his grandfather, would not be hospitalized.
This comes after the prosecutor petitioned to have Fitzhugh hospitalized so he could get treatment.
Fitzhugh was previously deemed not competent to stand trial, and not restorable. He was released from Allegan County Jail in March. Fitzhugh was released to stay with a friend.
The Allegan County prosecutor’s office says they do not believe Fitzhugh should be free in the community based on the charges they brought against him years prior, which include homicide.
William Fitzhugh, the victim and grandfather of Christopher Fitzhugh, was found badly beaten in a disgusting home in October 2021. He died as a result of his injuries, records show.
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“We are doing everything that we can to make sure that there is hospitalization and accountability in this case because we believe it is the right thing to do,” Allegan County Prosecutor Myrene Koch told FOX 17.
FOX 17 has been covering this case since February 2022.
FOX 17 first reported back in March 2024 that Fitzhugh was released. His co-defendant, Cory Nethery, will likely spend the rest of his life in prison for the abuse the pair’s grandfather endured.
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In court on Tuesday, Fitzhugh’s guardian expressed she was scared to meet Fitzhugh at the home where he is currently staying.
Fitzhugh’s caseworker will now have to drive him to meet with his appointed guardian.
Legal representation for On Point, the mental health care provider for Allegan County, along with Fitzhugh’s caseworker were present in the courtroom Tuesday. On Point is required to provide the “least restrictive” environment for someone in their care.
The prosecutor’s office notes that Judge Buck had the ultimate decision in court on Tuesday.
On Point leaders said in court that Fitzhugh is complying with their treatment plan. On Point has told FOX 17 previously that for privacy reasons, they cannot disclose what that plan is.
When it was decided that Fitzhugh would remain at his friend’s home under the current plan, the prosecutor stated that this decision “ties my hands” when it comes to monitoring Fitzhugh’s mental health care, if he is ever restored to competency.
The prosecutor attempted to speak on the record at the end of the hearing on May 7. Judge Buck interrupted the prosecutor and did not allow them to speak. That's how the hearing ended.
A look at court transcripts from a March 2024 hearing gives better insight as to how Fitzhugh was deemed not-competent.
Probate Court transcripts from a hearing on March 14, 2024, obtained by FOX 17 through a records request, state that a doctor said Fitzhugh was capable of competency if given appropriate accommodations.
The transcripts later go on to say that Fitzhugh’s special accommodations “boiled down to a cognitive interpreter.”
A cognitive interpreter was defined as someone explaining and interpreting facts to Fitzhugh in real-time.
The transcripts state that was “impossible to accommodate.”
The probate court transcripts from March 14 also state that Fitzhugh was interviewed multiple times by at least two different doctors to be evaluated.
The transcripts of the March 14 hearing can be found here:
May 14 Probate Court Hearing by WXMI on Scribd
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