Brandon Foster
Brandon Foster Credit: โ€”Courtesy

While the court awaits a mental competency evaluation for a 21-year-old accused of threatening a shooting at Concord High School in October, the criminal case against his co-defendant is moving forward.

A public defender representing Kyle Slogic, 21, of Newbury has requested that a forensic psychologist evaluate her client to see if he is competent to stand trial. Slogic faces a misdemeanor computer crime charge alleging he tampered with a former Concord High studentโ€™s Facebook account whose page the threat appeared on this past fall.

Slogic had also faced two felony charges in the case, but a Merrimack County Superior Court judge dismissed the complaints last month after a grand jury did not hand up indictments within 90 days. Because the felony charges were dismissed without prejudice, county prosecutors could refile them again in the future.

At the same time, a related case against Slogicโ€™s friend is proceeding. Co-defendant Brandon Foster, 19, of Pittsfield was indicted on a felony count of accomplice to criminal threatening, alleging he worked with Slogic to threaten violence against Concord High by posting on Sunday, Oct. 27, โ€œShootin up CHS needin whip.โ€

On the same day the threat appeared on social media, Concord police deemed it not credible. Even so, more than 200 students chose not to attend classes that Monday.

Police took multiple reports that October weekend about the shooting threat. The initial caller stated that the Facebook post had been shared within a Deerfield community group of Concord High parents, according to an affidavit prepared by Detective Benjamin Mitchell.

Within hours of receiving the reports, police had identified the individuals involved. Police allege Slogic was seeking revenge against a relative whose Facebook account he compromised.

During interviews at an Old Loudon Road residence, Slogic and others who lived there at the time reported that they had not seen the Facebook account holder since the day before, Oct. 26, at the Concord Public Library. Slogic also told police that โ€œthere was no doubt in his mindโ€ that his relative had typed the threat, the affidavit says.

Police ultimately located and spoke to the former Concord High student who was in need of mental health services unrelated to the incident. Speaking with police at Concord Hospital, the individual said his Facebook account had been hacked and that the threat and other posts were written by someone else, the affidavit says. He said he observed suspicious activity on his account that weekend.

By Monday, detectives said they had learned that an iPad and iPhone belonging to someone at the Old Loudon Road residence had been used to post the threat, although the Facebook account owner had not been there for weeks.

Initially, Slogic told police he was not the author of the threat but then recanted, Mitchell wrote. He said he decided to write the post with Foster as payback for everything his relative had done to him growing up.

โ€œSlogic told us that they had no intention of having Concord High School being shot up,โ€ Mitchell wrote.

In an interview with police, Foster ultimately admitted to his role in the incident but said he did not type or post the threat.

A competency hearing in the case against Slogic is scheduled for March 27. Slogic is also facing unrelated sexual assault and indecent exposure charges in Merrimack County, but similar questions have been raised by attorneys about whether he is mentally competent to proceed.

Foster is next scheduled to appear in court April 10.