Pat Tillman's brother, who's suspected of arson, set for mental health evaluation

FRESNO, Calif. (KFSN) -- A suspected arsonist with Valley ties appeared in a Bay Area courtroom, but was first ordered to undergo a mental evaluation in a bizarre crash and fire.

Richard Tillman, the brother of the late NFL star and Army Ranger Pat Tillman, now faces charges in both Fresno and San Jose.

Smiling and waving to people he knew, Richard Tillman made his first appearance in court on Wednesday as he's accused of crashing into a San Jose Post Office on Sunday morning.

RELATED: Brother of Pat Tillman arrested on suspected arson after fiery crash: police

Investigators claim the 44-year-old filled his car with instant fire logs, crashed into the building and lit the car on fire.

Court documents allege Tillman live-streamed the entire incident on YouTube before the arresting officer ended the stream and arrested him.

Tillman was arrested on charges of felony arson and vandalism.

Tillman acted erratically throughout the hearing on Wednesday, calling his public defender incompetent.

Prosecutors requested no bail.

"Everything that he has said, including the rest of our investigation, goes into our determination as to which charges are appropriate as well as our belief that the defendant not only needs to be held accountable for his actions, but also poses a risk to public safety," said Angela Bernhard, Santa Clara Co. Asst. District Attorney.

RELATED: Pat Tillman's brother was wanted on several Fresno warrants, including domestic violence

The judge disagreed that Tillman posed a threat to the public, set bail at $135,000 and ordered a mental health assessment, putting the criminal proceedings on hold.

Action News Legal Analyst Tony Capozzi said the doctor's evaluation will determine the future of the case.

"If the court determines he's incompetent at the time he appears in court, he will then be sent off to a place like Atascadero, a state hospital, to bring him back to competency," said Capozzi. "Once he's brought back to competency, he's brought back in the court, then he will be tried for these offenses."

Earlier this week, Tillman's brother, Kevin, released a statement, saying Richard has "been battling severe mental health issues for many years."

Action News found court documents revealing Tillman has ties to Fresno, including addresses in North Fresno and warrants issued by police after Fresno prosecutors charged him with misdemeanor trespassing, domestic violence and DUI.

Capozzi said the future of those cases could depend on the outcome of the San Jose case.

"If he's convicted on this case, most likely the misdemeanors will be dismissed," said Capozzi. "The domestic violence will be treated much more seriously; he may be brought back for that."

Capozzi was surprised to learn Tillman's not facing federal charges for the post office fire, but said those could come in the future.

Tillman will be back on August 15. At that time, the court will assign doctors to assess his competency.

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