After receiving a second psychiatric evaluation, a Crofton, Neb., man accused of murder will get treatment at the South Dakota Human Services Center before the case against him proceeds.
Shane Tweedy is charged with first-degree murder and commission of a felony while armed in connection with the May shooting death of Yankton resident Patrick Montgomery. He has yet to enter a plea in the matter.
Tweedy appeared before Judge Glen Eng Tuesday at the Yankton County Courthouse and Safety Center for a status hearing.
According to defense attorney Dan Fox, an evaluation recently done by Dr. David Bean, a University of South Dakota professor and a former Human Services Center administrator, found that Tweedy is not competent to proceed with his legal case.
However, it was also revealed Tuesday that a previous evaluation done by a Human Services Center psychiatrist found that Tweedy was competent.
“We are willing to stipulate that Mr. Tweedy is not competent,” Yankton County Deputy State’s Attorney Erich Johnke told the court in light of the most recent findings.
The state will agree to let Tweedy receive treatment at the Human Services Center in the hope that he will become competent soon, Johnke added.
Eng said he would approve the joint request from the defense and prosecution that Tweedy be allowed to get treatment and scheduled a status hearing for Jan. 13.
Tweedy is accused of killing Montgomery, 46, at his home in the 2000 block of Elm Street on May 22. Residents in the area reported gunshots in the early morning hours, and police arrived to find Montgomery dead.
In an affidavit filed in May, an investigator with the Yankton Police Department stated that Tweedy gave both verbal and written confessions that he shot Montgomery with a 12-gauge shotgun. The investigator said the confessions came during an interrogation conducted shortly after the Nebraska man was apprehended in his rural Crofton home.
Tweedy had dated Montgomery’s daughter approximately three years ago, according to the affidavit. She told authorities that Tweedy had threatened her with a shotgun while they were dating and felt he would be capable of shooting her father.
Tweedy faces life in prison or the death penalty if convicted of first-degree murder. Additionally, a $50,000 fine may be imposed.
He is currently being held in the Yankton County jail on a $500,000 cash-only bond.