Ashley Luthern

Milwaukee Journal Sentinel

A 40-year-old Milwaukee man accused of killing three of his neighbors has become competent for trial and his evolving symptoms during treatment indicate he has been faking recent mental health problems, according to a court-ordered doctor's report.

Dan Popp was charged in March with three counts of first-degree intentional homicide in the fatal shootings of Phia and Mai Vue, a Hmong couple, and their neighbor, Jesus Manso-Perez. Popp also faces one count of first-degree attempted homicide for shooting at, but not hitting, Manso-Perez's son.

Family members of the victims have called for Popp, who is white, to face hate crime charges based on statements overheard by witnesses at the Milwaukee apartment. Manso-Perez's son told police he and his and father had a brief conversation with Popp before the shooting.

According to a criminal complaint, Popp said: "Oh, that's why you don't speak English. You're Puerto Rican," and then, before pulling the trigger, said, "You guys got to go."

In April, a judge ruled Popp was incompetent to proceed — but likely to become competent with treatment — after receiving a court-ordered mental health report saying Popp did not have the ability to understand the charges and aid in his defense.

Popp was admitted on June 2 to Mendota Mental Health Institute for treatment and was ordered by the court to take prescribed medication. Mark Phelps, a staff psychiatrist there, submitted the updated competency report last week and a hearing on it is scheduled for Oct. 21.

Popp "would only express delusional thoughts during formal evaluations or competency groups and at other times would respond appropriately to questions," Phelps wrote in the report.

Popp also appeared to discuss aspects of his criminal case with others, but during his evaluation "he malingered on the testing, feigning symptoms," the reports states.

Phelps did note Popp's prior diagnosis of bipolar disorder with psychosis and said he could not rule out Popp still having the condition.

In most cases, defendants regain competency after receiving regular treatment for their mental illness and education about the court system. The issue of competency is different from a not guilty by reason of mental disease or defect plea, commonly known as an insanity defense.

Popp has yet to enter any type of plea because competency must be determined at the first stage of court proceedings and comes before an arraignment or preliminary hearing.

A Milwaukee Journal Sentinel review of police records and interviews with people who knew him also showed evidence of mental illness in Popp's history.