A man accused of sending threats via Instagram to burn down the house of Mayor Ted Wheeler if he didn’t fire a Portland cop involved in a shooting made his first appearance in federal court in Portland Wednesday.

Assistant Federal Public Defender Susan Russell argued that the actions of 39-year-old Kermit Tyler Poulson should have led to a mental health intervention, not a federal indictment. Poulson doesn’t understand the allegation against him, she said.

“I’m not certain that he’s competent to proceed,’’ she said. “What we have here is a paraplegic man with mental health problems at best.’’

Russell further argued that Poulson’s actions don’t match the alleged crime of transmitting threatening communications with intent to extort.

Assistant U.S. Attorney Paul Maloney said Wheeler’s wife first noticed the comments from Poulson’s Instagram profile, “riot_cop_7,’’ on Wheeler’s Instagram account.

Poulson threatened to burn down the mayor’s house if he didn’t fire an officer involved in the fatal police shooting of Patrick Kimmons last September, Maloney said.

Portland police Sgt. Garry Britt and Officer Jeffrey Livingston shot Kimmons after confronting him in a parking lot in downtown Portland after they heard gunfire. Kimmons had shot and wounded two other men and ran toward the officers with a gun, according to police and video evidence. As he cut in between two parked cars, the sergeant and officer continued to fire at Kimmons, who died at OHSU Hospital. A grand jury found no criminal wrongdoing by the police.

On Oct. 9, Poulson urged the mayor to fire Britt in multiple posts to Wheeler’s Instagram account, Maloney said.

“What are you doing about Patrick Kimmons?”

“We want Britt fired. Or your becoming a Defendant.”

“Ever had a Molotov cocktail thrown threw (sic) your bedroom window at 4 a.m.?’’

“Or your office building?’’

“The cops can’t protect you.’’

“What are you going to do? Fire Britt. No Molotov.’’

“Keep Britt. House on fire.’’

“You like your bricks? We can remove them from the house and throw them through a window.’’

When questioned by Portland police and members of the FBI-led Joint Terrorism Task Force, Poulson at first denied writing those messages and suggested someone may have used his account. Later, he admitted to posting them and wrote an apology letter to the mayor for making the threats, Maloney said.

Russell argued that jail isn’t the appropriate place for Poulson. He was arrested Jan. 8 in Missoula, Montana and was transferred to a Nevada jail before he was returned to face the charge in Oregon. At the time of the Instagram posts, Poulson was homeless, living with an acquaintance in Portland, she said. He was diagnosed in the past as suffering from bipolar disorder, takes Prozac for depression and currently needs medical attention for a cyst, his lawyer said.

Russell suggested that Multomah County’s Crisis Assessment and Treatment Center, a secure psychiatric facility, would be the most suitable place for Poulson pending trial but noted that no bed was currently available.

U.S. Magistrate Judge Jolie M. Russo delayed Poulson’s arraignment until Feb. 19 to allow him to get needed medication to stabilize.

-- Maxine Bernstein

Email at mbernstein@oregonian.com

Follow on Twitter @maxoregonian