Judge Suspends Arson Case Against Richard Tillman Over Competency Concerns

Updated 4:20 p.m.

A Santa Clara County judge has suspended legal proceedings against Richard Tillman, the younger brother of late NFL player and Army Ranger Pat Tillman Jr., until he can be evaluated by doctors to determine if he is competent to stand trial.

The ruling came Wednesday afternoon during an arraignment hearing in which Tillman, who is charged with arson and vandalism of a San José post office, made multiple outbursts and questioned the ability of his own attorney.

Deputy Public Defender Brandon Camarillo, representing Tillman, told Judge Hector E. Ramon there is doubt about Tillman’s competency to understand the nature of the court proceedings.

“Based on what he just said he’s obviously incompetent,” Tillman said, interrupting Camarillo. “I’ll prove my competency whenever you like.”

Ramon decided to suspend the case until an Aug. 15 hearing to appoint doctors to examine Tillman.

Tillman appeared in court in a bright yellow county jail jumpsuit, with shoulder-length salt and pepper hair and a long gray beard. With both hands shackled, he waved at media cameras and nodded his head in recognition of people in the courtroom seating area.

As Ramon was announcing the decision to suspend proceedings, Tillman again interjected to make another statement about the public defender.

“Well, he’s obviously not my attorney anymore,” Tillman said, laughing.

Prosecutors say Tillman used fireplace logs as an “incendiary device” to set fire to a South San José post office building early Sunday morning, and livestreamed the blaze online, authorities said in charging documents.

In addition to felony charges of arson and vandalism, he is charged with felony possession of combustible material or incendiary device for malicious use, according to a complaint filed by prosecutors Tuesday afternoon.

In the documents, authorities allege Tillman bought “insta-logs” and lighter fluid at a Lucky supermarket around 1 a.m. Sunday, then parked across the street from the Almaden Valley U.S. Post Office branch at 6525 Crown Blvd.

“After some time, he scattered the ‘insta-logs’ throughout his vehicle and doused them with lighter fluid,” a police arson investigator’s summary of the evidence said. “He backed his vehicle into the post office, grabbed a match, and lit the car on fire, causing severe damage to the structure.”

Firefighters who arrived to combat the blaze around 3 a.m. pointed Tillman out to a responding officer, indicating he was responsible for the fire.

Police said that when an officer spoke to Tillman, he was livestreaming the incident from his phone to his YouTube account. The officer ended the livestream and arrested Tillman, the arson investigator’s summary said.

Investigators said evidence also shows that Tillman spray-painted the side of the building with the words “Viva La Me.”

While prosecutors with the Santa Clara County District Attorney’s Office didn’t oppose the suspension of proceedings, they disagreed with Ramon’s decision to allow Tillman the option of bail, which Judge Ramon set at $135,000.

Assistant District Attorney Angela Bernhard told Ramon that Tillman could be a danger to others.

“Mr. Tillman was livestreaming this event. He was proud of it. It was something that he wanted to show off,” Bernhard said during the hearing. “He told police officers that this was 100% premeditated, and that he was doing this in order to prove a point to the United States government. Assuming that that point has not yet been proven, Mr. Tillman presents an ongoing threat to public safety.”

She argued that the post office is surrounded by homes, and an intentional fire could lead to loss of life.

Ramon disagreed.

“The only thing that was attacked in this case was the post office. And interestingly enough, it was approximately three o’clock in the morning on a Sunday. I can’t think of another time where there wouldn’t be anyone, even at the post office,” Ramon said.

He also said homes in the area aren’t close enough to be considered surrounding the building.

“It’s not a capital offense, it’s not an offense involving violence against another person, nor is it a sexual offense,” Ramon said.

After the hearing, Bernhard said during a press conference that the competency evaluation process could take several months to complete.

Tillman’s brother, Kevin Tillman, as well as his parents, Pat Tillman Sr. and Mary Tillman, were all present at the court hearing. The family declined to comment. In a statement issued Monday, the family said Tillman has been dealing with “severe mental health issues” for years.

“He has been livestreaming, what I’ll call, his altered self on social media for anyone to witness. Unfortunately, securing the proper care and support for him has proven incredibly difficult — or rather, impossible. As a result, none of this is as shocking as it should be,” the statement said.

Pat Tillman Jr. was killed in Afghanistan in 2004 when members of his U.S. platoon fired on him and an Afghan militia member, mistaking them for enemy fighters. The U.S. government subsequently attempted to cover up the truth about the killing, including instructing an officer to lie to the soldier’s family about the circumstances of his death.

In recent years, Richard Tillman often livestreamed on his YouTube account from inside a car. He referred to himself as a god by the name of “Yeshua,” and often railed against the government or the “Hollywood elite.”

The caption of a post on Tillman’s Facebook profile from 2023 includes apparent threats to the families of postal workers and other delivery companies that their loved ones could be “dropping dead” soon, after he wrote about not receiving his packages. YouTube terminated his account shortly after the news of the fire became public.

KQED’s Brian Krans contributed to this report.