One of the men charged in the death and dismemberment of a northeast, Nebraska, is not complying with medical treatment that would allow him to be competent enough to stand trial, this according to a motion filed by prosecutors.
26-year old Andres Surber has pleaded not guilty to first degree murder in the death of 41-year old Kraig Kubik of Emerson, Nebraska back in November.
A state psychiatrist earlier this year found Surber could not stand trial in his current mental state.
Late this week the prosecution file a motion, requesting the Lincoln Regional Center where Surber is located to involuntarily administer antipsychotic medication if Surber continues to refuse accepting treatment.
Judge Paul Vaughn has ordered a hearing for Wednesday in Dakota County District.
The motion comes on the heels of a request by the the other man being charged, 19-year old Brayan Galvan-Hernandez, being denied earlier this week.
Galvan-Herandez's lawyer requested statements he made between November 2 and November 4 of last year to authorities, be suppressed during his trial.
That motion was denied by Judge Vaughn.
The court has reserved October 16 through the 27th for Galvan-Hernandez's trial.