Man again ruled incompetent for murder trial in Nebraska

By  | 

DAKOTA CITY, Neb. (AP) - A man has again been ruled incompetent to stand trial on murder and dismemberment charges.

Dakota County District Court records say a judge made that pronouncement Thursday on 28-year-old Andres Surber. He's pleaded not guilty to charges stemming from the November 2016 slaying of 41-year-old Kraig Kubik at Kubik's home in Emerson. Another man charged, Brayan Galvan-Hernandez, has been sentenced to 50 to 60 years in prison.

In April 2017 a judge found Surber not mentally competent for trial. In October last year the judge found Surber competent, in line with a report submitted by a state psychiatrist. After another review, a state psychiatrist found Surber mentally incompetent, which led to Thursday's ruling.

Surber has been diagnosed with schizophrenic effectiveness disorder with bipolar symptoms and continually talks out loud to himself during court hearings. Prosecutors say it's just an act he puts on.