Alleged downtown shooter Kori Muhammad to have hearing Wednesday

Judge to determine if Muhammad needs to go to mental facility

Fresno, Calif. - The alleged downtown shooter Kori Muhammad went to court Monday, and the judge officially scheduled Muhammad's hearing.

Wednesday, lawyers will debate whether or not Muhammad has mental issues, and if he knew what he was doing when he allegedly targeted and killed three white people in downtown Fresno last year.

Muhammad waved his right to have a jury present during his hearing, which means the judge solely decides if he needs to go to a mental facility or not before he stands trial.

During court Monday, the judge spoke to Muhammad about his random outbursts and what would happen if does it during his hearing on Wednesday.

"I'm going to warn you once, and if you speak up again i'm going to warn you a second time, then the third time i'm simply going to ask that he be removed," said Judge Jonathan B. Conklin.

Muhammad told the judge, he can't control his outbursts.

"My ancestors won't let be be quiet, and the blood that was spilled in the past and present won't let me be quiet," responded Muhammad.

Muhammad appeared not only competent enough to respond to the judge, but to also make the decision to wave his right to a jury during his hearing.

"Your attorney has told me only for this stage of competency hearing, you are asking that this matter only be heard by a judge is that right?," asked Judge Conklin.

"Yes your honor," responded Muhammad.

Richard Beshwate, Defense Attorney for Muhammad, said this decision made by Muhammad will speed up the hearing process.

"Some of the issues are a little more challenging for the average person to fully grasp, and i'm confident that Judge Conklin can make a fair decision," said Beshwate.

Beshwate said, if the judge does find Muhammad incompetent he will go to a mental facility until they determine he is well enough stand trial.

"The restoration process normally takes between 60-90 days, but again it depends on everyone's personal issues," said Beshwate.

The first day of Muhammad's competency hearing is Wednesday at 9:30 in the morning.

The judge will make a decision at the second hearing next week on Tuesday.

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