A man accused of causing a bomb scare on Capitol Square this summer was determined mentally incompetent Wednesday.

David R. Floyd, 67, will be treated at Mendota Mental Health Institute, postponing any further court action.

According to the initial police report, Floyd left a flaming backpack hanging in a tree outside of Walgreens on Capitol Square July 29, and a U.S. Postal carrier put the fire out with a bottle of Gatorade.

The block between part of Martin Luther King Jr. Boulevard and King and Main streets was closed off for a period of time while the Dane County Bomb Squad and Madison police officers investigated whether the package contained explosive material.

According to Joel DeSpain, Madison Police Department spokesperson, the Capitol building was not evacuated, but people working in the wing closest to that corner were notified and told to stay away from windows.

The incident occurred during business hours, at 1:53 p.m., but by 6 p.m. investigators had determined the “improvised explosive device” was not a threat. Officials sent the package to a lab for further forensic testing.

Construction workers in the area were instructed to watch for the man they had seen place the backpack in the tree.

Floyd was arrested around noon the following day after the workers recognized him returning to the area. 

The police report said during the arrest, Floyd threatened Madison police with a straight-edged weapon.

The Wisconsin State Journal reported the criminal complaint said the weapon was a box cutter, and Floyd told police “cops are going to die tonight” and the king of Saudi Arabia — who is married to Cher — was going to represent him.

According to the State Journal, Floyd had a mental health exam on Aug. 20 that revealed he might be able to stand trial after being treated. 

It is unknown how long his treatment would last and when he would be able to stand trial.