VIRGINIA BEACH, Va. (WAVY) — A man accused of trying to burn down his own home on Feb. 4 will have to undergo a sanity evaluation before being allowed to have a bond hearing.

Michael Deatherage, 46, is facing one charge of arson of an occupied dwelling for the incident that took place at his home in the 1000 block of Wessex Lane.

He appeared Monday in Virginia Beach Circuit Court, where his attorney had requested both a bond hearing and sanity evaluation.

His attorney told the court Deatherage may be suffering from mental illness connected to his time in the military. He served in the Marines from 1999 to 2012 and deployed to the Middle East.

In 2007, Deatherage was in a vehicle that was hit by an improvised explosive device (IED). He suffered a traumatic brain injury, became permanently disabled and was medically discharged. His attorney said he suffers from a form of PTSD that can be triggered by loud noises or flashes of light.

The attorney also noted that Deatherage’s son took his own life in March 2023, which may have contributed to his mental health problems.

WAVY also previously reported that the Commonwealth’s Attorney’s Office said Deatherage had just found out that his wife had been cheating on him on the day of the incident.

The prosecution pushed back, arguing that Deatherage had made no prior mention of PTSD-related issues. They also said that jail calls show Deatherage only started talking about serious mental health issues after an attorney told him getting an evaluation was his best shot.

The judge said he believed a sanity evaluation was warranted considering Deatherage’s age and lack of previous criminal record.

The judge said he needed to see the results of the exam before he could allow a bond hearing to take place, but told Deatherage’s attorney to try to set up a hearing as soon as they get the results.

Court documents obtained by the 10 On Your Side investigative team show that the arson incident was not the first brush with the law Deatherage had related to conflicts with his wife.

According to a criminal complaint, he was served with a restraining order on Jan. 18. The next day, he walked into the house while his wife was sitting on the couch.

“I yelled ‘what the hell?’ the complaint (authored by Deatherage’s wife) reads. “He said sorry I didn’t know you were home and he turned and went back through the garage and drove away in his truck.”

The protective order violation charge related to that incident was eventually set aside.

Less than a month later, on Feb. 4, Deatherage apparently knocked a man out while at a bar

“I had informed Miachael Lee Deatherage that his wife was having an affair with my best friend… When we were at Kelly’s Tavern playing pool,” another criminal complaint reads. 

“They were nose-to-nose yelling and appear[ed] to [be] about to start fighting,” it continues. “I got in the middle to break it up and got knocked out.”

When the man regained consciousness, the couple had left.