AUBURN – A man accused of setting three fires in downtown Lewiston will be released to the custody of his mother and will not stand trial.

Justice Thomas Delahanty informed lawyers that Tracy John Smith will never be competent to stand trial and that he plans to dismiss the arson charges. Smith, 30, could be released to his mother’s custody as early as Tuesday.

The competency issue was settled when a forensic psychiatrist concluded this week that Smith is mentally retarded, not mentally ill. That means treatment or medication would be ineffective in raising his competency to a level that would allow him to stand trial.

Delahanty informed lawyers on Wednesday and told them a written ruling would be filed next week in Androscoggin County Superior Court.