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Dakota County murder suspect ruled competent to stand trial
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Dakota County murder suspect ruled competent to stand trial


DAKOTA CITY -- A Wakefield, Nebraska, man accused of killing and dismembering another man has been scheduled to stand trial in May after being found mentally competent.

Andres Surber mugshot


District Judge Bryan Meismer on Tuesday scheduled Andres Surber's trial for May 26 in Dakota County District Court.

Surber, 28, 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 for the death of Kraig Kubik. Surber is accused of shooting Kubik with a 9mm firearm on Nov. 1, 2016, and dismembering the body.

Surber's mental competency has been at issue since his arrest more than three years ago, resulting in his case being placed on hold two separate times while doctors treated him.

District Judge Paul Vaughan, who has since resigned, first ruled Surber incompetent to stand trial in April 2017. A psychiatrist in October 2018 found that Surber's competency had been restored after months of treatment at the Lincoln Regional Center.

Vaughan again ruled Surber incompetent to stand trial in May. Surber's mental condition has been complicated at times by his refusal to take his anti-psychotic medications, and two judges have granted doctors permission to administer the medications against Surber's will.

Surber has been diagnosed with schizophrenic effectiveness disorder with bipolar symptoms. He has occasionally interrupted past court hearings by talking out loud to himself, calling himself Lucifer and other names. Prosecutors have said they believe Surber's behavior is an act.

Prosecutors believe Surber shot Kubik at Kubik's rural Emerson, Nebraska, home. Kubik's right arm and right leg were found inside the trunk of a car at an abandoned farm 24 miles away on Nov. 2, 2016. The rest of Kubik's remains were found three days later in a culvert near the farmhouse.

Autopsy results showed that Kubik, 42, died of a single gunshot wound to the back of the head.

Brayan Galvan-Hernandez, 21, of Wakefield, pleaded no contest to attempted second-degree murder and guilty to accessory to a felony in connection with Kubik's death and was sentenced in December 2017 to 50-60 years in prison.

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