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By Allison Scarbrough, News Editor
HART — The 27-year-old Montague man facing terrorism threat and explosive device possession charges in Muskegon County and firearms and resisting arrest charges in Oceana County will undergo psychiatric competency testing for his Oceana County case.
Stewart Lee Simon was charged with four felonies in connection to allegedly running from Michigan State Police troopers at the Rothbury Wesco convenience store, Oct. 20. Troopers came to his workplace to question him about the Muskegon County charges.
Simon
Due to the psychiatric testing, his Oceana County case is put on hold. “His proceedings are stayed,” said Oceana County Prosecuting Attorney Joseph Bizon, which means they are paused.
Simon’s attorney, Julie Springstead, filed the motion for the psych exam. “When somebody files such a motion, everything gets stayed until the forensics center is able to complete the evaluation and give us a report,” said Prosecutor Bizon.
“Defendants are allowed to explore all defenses, and this kind of fits into that category. From a constitutional standpoint, somebody has to be fit to go through the process, and if they are not, there is a process for that. If a defense attorney says, ‘I have concerns whether he is fit enough to go through this process,’ it is supposed to be evaluated.”
The evaluations are performed by the Michigan Center for Forensic Psychiatry, which is based in Saline.
The investigation began after a third party alerted Simon’s family that he made alleged threats of mass violence, according to the Muskegon County Prosecuting Attorney’s Office. He faces charges in Muskegon County of threat of terrorism and possession of an explosive device with unlawful intent. Court records do not show that has he an attorney yet in that matter. However, Simon has not yet been arraigned on those charges. Arraignment is scheduled for Nov. 18 at 1:45 p.m. in Muskegon County’s 60th District Court via Zoom video conferencing, according to court records.
In Oceana County, he was arraigned on charges of assault with intent to commit great bodily harm less than murder, felony firearm, assaulting/resisting/obstructing police and carrying a concealed weapon.
“Officials in Muskegon were investigating a complaint, and MSP was asked to make contact with Simon at his place of work, the Rothbury Wesco,” said Prosecutor Bizon. When police approached, he allegedly attempted to run out a back or side door and reached for a concealed pistol. While running from the troopers, he ran into a glass door, said Bizon.
“His attorney filed a motion to evaluate if he is competent,” said the prosecutor. “Competency and criminal responsibility are two different issues and two different evaluations. Competency is the question of if he is able to adequately assist his lawyer in his own defense.”
Search warrants were executed at Simon’s home, where authorities said they found improvised pipe bombs and Molotov cocktails, toxic chemicals, multiple firearms and numerous writings detailing alleged plans.
The evidence indicated a desire to commit an act of mass violence, first against his family and then against the general public, in protest of perceived government wrongdoing, according to the Muskegon County Prosecuting Attorney’s Office.
According to court records, Simon’s father Matt searched his room while he was at work. He found homemade explosives, guns and “several letters and notes detailing a plan to kill” his parents, injure his siblings and carry out a mass shooting.
Simon has “struggled with autism and mental illness most of his life,” his father wrote in a Facebook post. “… in more recent years he has struggled, experiencing mental exhaustion and depression. Despite our best efforts, he was drawn into an ideology that was both dark and dangerous in nature. While intensely monitoring him over the last few weeks, we were encouraged by friends to look deeper. We then made discoveries that prompted us to call the state police, certainly the hardest thing we’ve ever done.
“We of course are battling with a range of emotions — everything from relief to great sadness to anger,” he wrote. “Our hope is that through this process, Stew can get the help he really needs, and one day return to us like the boy we once knew, who loved God, loved us, and was filled with joy and laughter.”
The Muskegon County Prosecuting Attorney’s Office credited the third party who came forward and the Michigan State Police for acting quickly, saying their actions “almost undoubtedly stopped a tragedy from unfolding.”
Simon remains lodged in the Oceana County Jail on a $100,000 bond. He is presumed innocent until proven guilty.
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