Feb. 29—WILKES-BARRE — Luzerne County Judge David W. Lupas deemed John James Kilpatrick incompetent to currently face a criminal homicide charge for the fatal shooting of his brother, Kevin Matthew Kilpatrick, in Jackson Township last year.

John Kilpatrick, 34, will be sent to Norristown State Hospital near Philadelphia for mental health treatment.

Pennsylvania State Police at Wilkes-Barre and Jackson Township police in court records say John Kilpatrick called 911 saying, “I killed my brother,” and waited for authorities in the driveway of their residence on Chase Road.

John Kilpatrick claimed his brother wanted to kill him, court records say.

Kevin Kilpatrick, 30, was found deceased inside the home.

Several weeks after being arrested, John Kilpatrick was evaluated by a psychologist who determined he was incompetent to face a criminal homicide charge and assist his attorney, Robert M. Gamburg, of Philadelphia.

Gamburg filed a petition in court to have John Kilpatrick committed for mental health treatment at Norristown State Hospital.

First Deputy District Attorney Chester Dudick did not oppose John Kilpatrick being moved to the state hospital, which Lupas granted.

Kilpatrick’s mental health will be re-evaluated in approximately two months.