DETROIT (WJBK) - The man charged with killing Wayne State University Police Sgt. Collin Rose will not stand trial.
A judge ruled the defendant is not competent and now Rose's best friend is talking to FOX 2 about Wednesday's ruling. He will be re-evaluated in May.
There is not a day that goes by that Chris Powell doesn't think about Rose, allegedly gunned down by Raymond Durham a little over a year ago.
"I miss Collin a lot, he is with me every day," Powell said.
But Durham wasn't caught until after police say he shot two Detroit officers last march. They survived.
Durham faced more than a dozen charges including murder of a peace officer and for a third time during a Wayne County court hearing, experts testified he is mentally ill and not competent to stand trial.
"The court will make a finding that the defendant is incompetent to stand trial at this time," said Judge Kenneth King. "However I will refer him for further treatment."
FOX 2: "Would you rather see him committed or pay for his crime?"
"I want to be there and hear the evidence come out in court as does the family and survivors," Powell said.
Durham will continue psychiatric treatment and will be evaluated for a final time in May, determining if he will be competent to stand trial or rather be committed for treatment.
Powell, who says his department like so many others, find it all too common to bring mentally ill criminals into custody, says it is frustrating people like Durham didn't get the help they needed.
It may have prevented what happened to Collin Rose and other officers who lost their lives in violent confrontations.
"Either way whatever happens to the Rose family, the Atkinson family, the Kisselburg family, we are all in this together," Powell said. "The incidents that happened in November and March of last year, we're all in this together."
In the meantime, he and others close to the fallen Wayne State officer are working to further his legacy through a foundation, memorial and a dog park - expected to be unveiled next month.
"We would love to see our day in court," Powell said. "But at this point postponing that until may hopefully get these psychiatrists he needs to be so that can happen."