PROVO — The American Fork man accused of fatally shooting his brother in the driveway of their mother's home is still mentally unfit to proceed with a murder case, a 4th District Court judge has ruled.
Eryk Drej, 31, was first found incompetent in August, after being evaluated by two doctors.
Doctor's findings from a second round of evaluations were presented Tuesday morning in 4th District Court, and Judge Samuel McVey ruled Drej was not ready and set another review hearing in 120 days.
Drej is suffering from undifferentiated schizophrenia, said defense attorney Anthony Howell, and has been classified mild to moderately incompetent.
Facing a first-degree felony murder charge, Drej would face five years to life if convicted.
Drej was arrested June 1 after he allegedly shot his 25-year-old brother multiple times then refused to surrender to police. Police say Drej later told them he had killed his brother to prevent him from murdering an unknown female and selling her organs on the black market, according to reports by the American Fork police filed in the 4th District Court.
Drej also told police he tried to prevent his brother's "evil" action by taping yellow duct tape smiley faces all over the house, police said.
Legal proceedings in the case have stopped until Drej is restored to competency. The process can take as long as is needed — more than just the 120 days. He is currently being held in the Utah State Hospital.