LAWTON_ Convicted Highway Patrolman murderer Ricky Ray Malone is expected back in Comanche County Court Monday morning for a competency hearing. District attorney Robert Schulte tells 7News that Malone's legal team believes he is incompetent to face the penalty phase of his re-trial for killing Trooper Nik Green in Cotton County back in 2003.
You'll remember a jury sentenced Malone to death in 2005, but last year the Oklahoma Court of Criminal Appeals overturned that decision. The court kept the murder conviction.
Schulte says he will not challenge a competency examination that would take place at the Oklahoma State Penitentiary in McAlester. Following the examination, Malone could ask for a jury trial in Comanche County to determine if in fact he is competent to stand trial.