Dr. Anthony Garcia ruled to be competent for death penalty sentencing, but court then grants defense a last minute postponement

Judge Gary Randall agreed again to delay Dr. Garcia's sentencing today

UPDATE: March 30, 2017

In a surprise, eleventh hour move today, Judge Gary Randall granted the defense a postponement of Dr. Anthony Garcia's death penalty hearing after Dr. Garcia's attorneys filed an emergency motion to discuss Anthony Garcia's mental competency.

Garcia's death penalty phase of his sentencing was to be heard by a three-judge panel today; however, Garcia's attorneys filed a last-minute emergency motion on Wednesday evening, arguing they needed more time to explore Dr. Garcia's history of mental problems as a mitigating factor against being sentenced for the death penalty.

Judge Randall called the latest move by Garcia's defense team "disturbing." However, he also said Garcia's rights to due process needed to be protected, so he begrudgingly appointed a statewide group of public defenders, the Nebraska Commission on Public Advocacy, to work with Garcia's defense team in the sentencing portion of his case. The Judge said reluctantly, "I'm going to go ahead and appoint the Commission of Public Advocacy."

Dr. Anthony Garcia's death penalty hearing likely delayed after Judge orders mental competency exam for 'Creighton Killer'

Convicted Creighton Killer, Dr. Anthony Garcia, sat in court catatonic, refusing to answer the Judge in court

Convicted murderer Dr. Anthony Garcia sat mute during a mandatory preliminary death penalty sentencing hearing this morning and remained non-responsive to any questions from the Judge or his legal team.

Judge Gary Randall ordered a mental evaluation for Dr.
Anthony Garcia before proceeding with the death penalty
phase of the Garcia murder trial

When Judge Gary Randall repeatedly asked Dr. Garcia questions during the hearing, Dr. Garcia simply remained silent throughout the entire hearing, rocking back and forth in his seat with his eyes gazing downward avoiding any eye contact with anyone in the courtroom.

“Dr. Garcia if you do not respond to me, you leave me with no choice but to follow the third thing we discussed at the hearing last week [sic] was to have you sent to the Lincoln Regional Center to determine whether or not you’re competent,” Judge Randall said in court.

After getting no response from the defendant, the Judge then promptly ordered Dr. Garcia for another mental evaluation at the Lincoln Regional Center to determine if he is competent to take part in the death penalty phase of his murder trial.

Garcia had already refused to attend a sentencing hearing in person last week in Douglas County.

His legal team asserts that Garcia's catatonic behavior today is similar to what they experienced with the convicted murderer for months when they tried to meet with him in confidence to discuss issues before the court. Apparently, Dr. Garcia had not even spoken at all to his attorneys during his 3 1/2-week quadruple murder trial.