Prosecutors hope to know by the end of the month whether Dale Maloney, LaHarpe, will ever be considered competent enough to stand trial for the shooting death of his neighbor, Richard Diehl, last May.
Allen County Attorney Jerry Hathaway told District Judge Daniel Creitz Monday he was awaiting a report from the Larned State Hospital on whether they believe Maloney can be treated sufficiently in order for him to face a first-degree murder charge.
Following an initial psychiatric evaluation, Creitz ruled in January that Maloney, 79, was not competent.
That order triggered a 90-day evaluation period at Larned, where Maloney is being held. The evaluation will ultimately determine whether doctors believe Maloney could eventually be found competent.
Hathaway told Creitz that was unlikely.
Maloney is accused of fatally shooting Diehl on May 3, 2022, on Diehl’s property along 2400 Street west of LaHarpe.
He faces a single charge of first-degree murder and one count of interference with law enforcement.
Creitz scheduled a status hearing for April 24.
