Maichael Yousa, 28, of Fargo, will be evaluated to determine if his competency can be restored, but prosecutors cited a psychologist's report that Yousa showed "obvious signs of malingering."
Prosecutors have filed numerous charges against Maichael Kamal Yousa, who is accused in court documents of seriously injuring a motorcyclist and causing other crashes before shooting a gun, prompting Trooper Miles Rhonemus to shoot him.
Cass County State's Attorney Birch Burdick said he didn't see a direct conflict in the shooting of Andrew Martinez, but he sent prosecutorial decisions to North Dakota Attorney General Drew Wrigley to avoid the appearance of conflict.