An Oklahoma County judge has denied a request from prosecutors to allow more time for the man charged with the 2022 murder of Deputy Bobby Swartz to receive competency restoration at the Oklahoma Forensic Center.

Swartz was shot and killed while serving eviction papers for the suspect, Benjamin Plank. Another deputy, Mark Johns, was shot and survived.

MORE: 1 Deputy killed, another wounded in SW OKC shooting

Plank has spent the bulk of the previous three years in the custody of Oklahoma's Department of Mental Health and Substance Abuse Services at its Oklahoma Forensic Center in Vinita, undergoing a court-ordered competency evaluation and treatment. He was first admitted in April of 2023.

However, state statute sets a two-year limit for efforts to restore competency.

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