Prosecutors file motion on murder suspect not complying with med - KTIV News 4 Sioux City IA: News, Weather and Sports

Prosecutors file motion on murder suspect not complying with medical treatment

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DAKOTA CITY, NE (KTIV) -

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.

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