An Omaha man who stabbed his stepmother to death two years ago was back in court Tuesday.
David Brannan is charged with 2nd degree murder after killing his stepmother, Tracy Brannan, in their west Omaha home back in July of 2010.
In court, Judge Peter Bataillon took evidence that was submitted by both the state and Brannan's attorney.
Judge Battalion told the court he will review the evidence and issue a written ruling.
Beverly Indrika, a family friend, tells Channel Six that Brannan's family was told the state would concede and find Brannan criminally insane. He was seen by three doctors, two of which found him to be insane.
But Indrika believes he's more than component to stand trial and that Brannan suffers from bi-polar disorder. She says there's been no justice.
"They have just done a disservice to everyone who is diagnosed with bi-polar disorder. He got drunk. So being drunk now gives you a license to kill?”
The Brannan family, hoping for prison time, says he’s tricking the system. Indrika says it was Harold Brannan, David's father, who wanted his son put away so he couldn’t' harm anyone else.
"His biggest fear he told me right before he died was that he would allowed to be free again because he will kill again."
The County Attorney, Don Kleine, says Brannan will most likely end up back at the Lincoln Regional Center, where he'll be re-evaluated yearly by doctors to determine if he's still insane.
The judge's ruling could take several days or longer.
It's unclear if the judge does rule that Brannan is criminally insane, exactly how long he would be sentenced to time in the state mental facility.