After weeks of examination in Lincoln, a state psychiatrist says accused Omaha serial killer Dr. Anthony Garcia is competent to stand trial. A judge will have the final say.
Garcia’s attorneys have said that their client’s condition has been deteriorating.
Last month at a hearing, attorney Alison Motta said, “I wouldn't say something changed overnight but things have been getting more and more difficult for him."
It's why his attorneys wanted doctors in Lincoln to watch him and talk to him to see if he was competent to stand trial.
Last month in open court we overheard Garcia say to his defense team, "I don't trust you."
His defense said his isolation in the Douglas County jail promoted mistrust. Motta said, "He's having problems. He's having difficulties. And it has risen to the level at this point to where he doesn't know who to trust and who not to trust."
His attorneys could ask for an independent evaluation, much like what happened in the Nikko Jenkins case. If that doctor said he was competent, the case would move forward. If the doctor had an opposing view, as we saw in the Jenkins case, it would be up to the judge to determine if he's competent for trial.
As it stands, one doctor has said he's competent to understand the court proceedings and help in his own defense.
He's maintained his innocence from the beginning.
The defense declined to comment on this doctor's ruling. It's likely they'll ask for another doctor to examine Garcia.
The competency debate over Nikko Jenkins took months. It’s likely that the timeline for the Anthony Garcia could be similar.
Garcia was arrested last summer in Indiana, accused of killing four people. Investigators say the motive was based on a grudge against the doctors who booted him from the Creighton University Pathology Program more than a decade ago.
He's accused in the deaths of Thomas Hunter and Shirlee Sherman in 2008 and Dr. Roger Brumback and his wife Mary in 2013.