Man accused of killing Oklahoma County deputy to be treated for 'delusions' before trial

Jana Hayes, Oklahoman
·2 min read

A man accused of kililng an Oklahoma County sherriff's deputy has been deemed incompetent to stand trial by a forensic psychologist.

Benjamin Plank will undergo treatment in the hope his competency can be restored, thanks to an order from Oklahoma County District Judge Kathryn Savage, News 9 reported. Plank was examined by forensic psychologist Scott Orth after District Judge Amy Palumbo agreed with defense attorneys it was necessary.

Plank was found by Orth to have numerous delusional beliefs caused by mental illness that would interfere with his "ability to consult with and rationally assist his attorney in his defense."

Here's what we know:Murder case on hold after OK County sheriff's deputy fatally shot.

Accused man to get treatment for mental illness, delusions

These delusional beliefs include that some members of his family are involved in a "pedophile ring" and there's a conspiracy between family members and law enforcement to silence him, according to the report by Orth, who directs Forensic Psychology at the Oklahoma Forensic Center in Vinita. Plank also believes his public defender attorney Jacob Benedict "is in on the conspiracy, too."

"Mr. Plank goes on to express that he believes Mr. Benedict 'realizes he can't get me killed, so he's trying to chemically lobotomize me through this competency process so I'll be silenced,'" Orth wrote.

When asked why he still works with the attorney despite these beliefs, Plank said "I'm just leaving it up to God, now."

Deputy Mark Johns takes a moment to gather himself Tuesday, Oct. 18, 2022, while talking about his partner and friend, Sgt. Bobby Swartz. Johns was shot while serving an eviction notice in August when Sgt. Bobby Swartz was killed.
Deputy Mark Johns takes a moment to gather himself Tuesday, Oct. 18, 2022, while talking about his partner and friend, Sgt. Bobby Swartz. Johns was shot while serving an eviction notice in August when Sgt. Bobby Swartz was killed.

More:Benjamin Plank allegedly shot at third Oklahoma County deputy during deadly gun battle

Plank is unable, in his current mental state, to assist his attorney with "communicating relevant facts, evaluating possible plea options, challenging witnesses, and planning a legal strategy," Orth said in the report.

Plank was charged with first-degree murder after Oklahoma County Sgt. Bobby Swartz was fatally shot during an eviction attempt Aug. 22. He is also accused of firing at three other deputies during the incident in south Oklahoma City, including Deputy Mark Johns who was shot and almost died.

The court clerk's office, as well as Judge Savage's office could not confirm what Savage's specific order was from Thursday's hearing, of which there were not minutes available. News 9 reported Savage said Plank should get treatment and that she ordered the state department to give counsel and the court an update on Plank's status every 90 days.

This article originally appeared on Oklahoman: Oklahoma County deputy murder case paused; accused is incompetent