DAKOTA CITY -- Prosecutors for a third time are seeking a judge's order allowing state corrections officials to administer anti-psychotic medications to a Dakota County murder suspect against his will.
Andres Surber regularly refuses to take his medications, leading to "numerous issues" while he's been detained, Assistant Nebraska Attorney General Corey O'Brien said in a recent court filing. An affidavit outlining a Nebraska Department of Correctional Services psychiatrist's reasons why the order is needed has been sealed in Dakota County District Court.
A hearing on the motion is set for Monday in the Douglas County Courthouse in Omaha before District Judge Patricia Lamberty, who was assigned to the case after District Judge Paul Vaughan resigned on May 31.
Vaughan declared Surber mentally incompetent to stand trial in May, the second such ruling in a case in which Surber's mental condition has led to numerous delays.
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. He is accused of shooting Kraig Kubik with a 9mm firearm on Nov. 1, 2016, and dismembering the body.
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No trial date has been set while Surber awaits treatment that prosecutors hope will restore Surber's mental competency.
Surber has been diagnosed with schizophrenic effectiveness disorder with bipolar symptoms and continually talks out loud to himself during court hearings, calling himself Lucifer and other names and occasionally interrupting the proceedings. O'Brien said during a May hearing that he believes Surber's behavior is an act.
Surber has a history of refusing to take his medication. Vaughan in March 2018 granted the state's request to administer drugs to him against his will. The state filed a second request earlier this year but later withdrew it.
Vaughan previously ruled Surber incompetent to stand trial in April 2017. After months of treatment at the Lincoln Regional Center, a psychiatrist found that Surber's competency had been restored, and his trial was scheduled for May. New concerns about Surber's condition arose, leading to May's ruling that he can't stand trial in his current condition.
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.