A judge, who earlier found a 75-year-old driver mentally incompetent to stand trial for killing three people, ruled April 24 driver Craig Martin Voss should stay at home with his wife as caregiver. Prosecutors pushed for him to move to a state hospital while the case against him is in limbo due to his health issues.

South Park resident Voss attended the placement hearing in San Diego Superior Court about what to do with his case because he has congestive heart failure and multiple health ailments.

San Diego Superior Court Judge Runston Maino set a review date of Sept. 19 to see if Voss’ condition has changed. Voss has not even had a preliminary hearing since he was charged because of his medical ailments.

Voss was 72 years old when he struck 10 homeless people on a sidewalk near City College in a rainstorm, killing Randy Ferris, 65, Walter Jones, 61, and Rodney Diffendal, 40, on March 15, 2021.

During the one-and-a-half-hour hearing, Maino alerted Voss’s attorney, Kaitlyn McCarthy, nine times that Voss had fallen asleep in his chair beside her.

“Divided attention is not one of of my skills, your honor,” said McCarthy, who was also questioning witnesses in the hearing. She gently woke Voss up each time Maino mentioned he was asleep.

Voss, who has a white beard, was breathing heavily during the entire hearing. He wore headphones over his ears which were a type of advanced hearing aid and used a cane to walk. He has a pacemaker and does have sleep apnea, said Deputy District Attorney Cally Bright. He no longer drives.

Melissa Jones, the program director and psychologist for the agency that manages defendants who are declared incompetent, testified they will never allow a client to be homeless. They would use a board and care facility if they have no other option, she said.

Melissa Tralla, an attorney, testified that “his medical issues are so significant” that it would be difficult for him to be treated at a state psychiatric hospital because “he is a primary medical (patient).”

“There is not a magic pill that will cause Mr. Voss to change,” said Tralla. “You don’t go to a state hospital for medical disorder.”

The prosecutor asked the judge to remand Voss to a state hospital because he “needs a higher level of care.” She said Voss could become mentally competent at a state hospital.

“He has had no consequences for killing three people,” said Bright. “He understands what’s going on. He can’t stay awake today.”

Voss’ attorney asked the judge to allow Voss to remain in his home with his wife as his caregiver.

“Mr. Voss suffers from brain damage due to a stroke,” said McCarthy. “Patton (State Hospital) is a psychiatric hospital.”

Maino agreed with the defense, saying “the best chance we have is to (keep him) in his home. He is not a present danger to the public.”

“Patton doesn’t want him,” said Maino.

Voss has previously pleaded not guilty to three counts of gross vehicular manslaughter, but criminal proceedings are suspended because he has been found mentally incompetent for court.