OKLAHOMA CITY (KFOR) – State mental health officials have determined the man accused of ambushing Oklahoma County Sheriff’s Deputies, killing one and injuring another, is not competent enough to stand trial.

Benjamin Plank, 35, is accused of killing Sergeant Bobby Swartz and injuring Deputy Mark Johns while they served eviction papers at his southwest Oklahoma City home in August of 2022.

Sgt. Bobby Swartz and Deputy Mark Johns
Sgt. Bobby Swartz and Deputy Mark Johns

Plank then hopped in a truck attached to a boat, and led police on a shootout and chase that ended at Tinker Air Force Base, where he was arrested.

Defense attorneys requested a mental competency hearing in February, saying Plank suffered from delusions and believed his own family was in a pedophilic conspiracy with police.

Now, the State Department of Mental Health has determined he is currently incompetent to stand trial.

Officials say Plank will receive mental health services and will be re-evaluated in 90 days.