DAKOTA CITY | Prosecutors are asking a judge to order a suspect accused of shooting and dismembering another man to cooperate with mental health treatment procedures aimed at making him competent to stand trial.
Andres Surber is not fully complying with all treatment plan recommendations, including the administration of antipsychotic medication, Assistant Nebraska Attorney General Sandra Allen said in a motion filed in Dakota County District Court.
Allen is seeking a judge's order instructing Surber to comply with the treatment plan. Allen also asks the judge to authorize the Lincoln Regional Center to subject Surber to involuntary administration of antipsychotic medication if he continues to refuse to comply with the treatment plan, which includes taking the medication.
District Judge Paul Vaughan has scheduled a hearing on the matter for Wednesday.
Surber, 26, of Wakefield, Nebraska, has pleaded not guilty to first-degree murder, use of a firearm to commit a felony and possession of a firearm by a prohibited person. He and Brayan Galvan-Hernandez are accused of shooting Kraig Kubik, 41, of Emerson, Nebraska, with a 9mm firearm on Nov. 1 and dismembering his body.
A state psychiatrist who evaluated Surber earlier this year found that he could not stand trial in his current mental condition.
In April, Vaughan ruled Surber mentally incompetent to stand trial and ordered him to undergo treatment at the Regional Center in an attempt to restore his competency. His case has been suspended since that order.
Surber's attorney, Todd Lancaster, of the Nebraska Commission on Public Advocacy in Lincoln, had requested a mental health exam in March after Surber was removed from the courtroom after standing up and yelling profanities during a hearing.
Allen's motion was the first filed update on Surber's treatment since Vaughan's order in April. Under state law, if Surber's mental competency has not been restored after six months of treatment, a status hearing must be held to see what, if any, progress mental health professionals have made and their prognosis for restoring his competency. If it's determined he'll never regain competency, prosecutors would have the option of seeking to have him civilly committed to a mental health institution.
Investigators responding to Kubik's disappearance on Nov. 2 found a pool of blood near his car at his Emerson residence. They later found his severed arm and leg in the trunk of a car at an abandoned farmhouse in rural Dixon County, about 24 miles away from Kubik's home. The rest of Kubik's remains were found three days later in a creek about four miles from the farmhouse. Autopsy results showed a gunshot wound to Kubik's head.
Galvan-Hernandez, 19, of Wakefield, is scheduled to stand trial Oct. 16 on charges of first-degree murder, use of a firearm to commit a felony, accessory to a felony and abandoning human skeletal remains or burial goods.