Man Accused Of Shooting, Killing OCSO Deputy Deemed Unfit To Stand Trial

The man accused of killing Oklahoma County Deputy Bobby Swartz and injuring Deputy Mark Johns has been deemed incompetent to stand trial.

Related: Police Confirm Suspect In Deadly Deputy Shooting

Benjamin Plank's attorney told a judge that his delusional beliefs and ideations are concerning for this case. Counsel and the judge both agreed he should get treatment first.

Plank appeared in court via video from the Oklahoma County Detention Center. His attorney presented details from a report from the Oklahoma Department of Mental Health and Substance Abuse Services.

According to the report, under state statute he is considered dangerous, meaning a person that needs treatment.

“He snuck up behind me. The minute I was shot, I got mad,” Deputy Mark Johns with the Oklahoma County Sheriff’s Office said.

The Oklahoma County Sheriff’s Office said Plank opened fire on the deputies while they were serving an eviction notice last August injuring one officer and killing another. 

Plank drove away from the home in a truck with a boat attached leading officers on a chase. He was taken into custody at the main gate at Tinker Air Force Base. 

“He was planning on killing any law enforcement that came to his house,” Chief Wade Gourley said.

According to the mental health report, Plank does understand the nature of his charges, but said his mental state interferes with his ability to work with his attorneys.

The document said Plank believes his family is part of a pedophile ring and law enforcement is involved as well and they're trying to kill him. 

He also thinks "self-replicating nanobots" have been injected into him.

The report said they found no records of Plank receiving mental health services, but they think with treatment he will become competent.

The court also ordered the state department to give counsel and the court an update on Plank's status every 90 days.