Man arrested in Oklahoma County sheriff deputy’s killing remains incompetent to stand trial, DA pushes back

Oklahoma County District Attorney Vicki Zemp Behenna says her office will continue seeking justice in the killing of Oklahoma County Sheriff’s Deputy Bobby Schwartz after a court hearing determined the defendant remains mentally incompetent to stand trial.

Benjamin Plank, who has been in custody since his arrest in August 2022, remains under the care of the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), where he is receiving forced medication. A Feb. 11 court review found he has not yet been restored to competency.

“The law requires that Benjamin Plank be restored to mental competency before he can stand trial,” Behenna said. “I have faith that the Department of Mental Health can help achieve that goal so that we can pursue justice for Deputy Schwartz and the other deputies who were injured in this vicious attack on our law enforcement officers. Once he is restored to mental competency, I intend to prosecute Benjamin Plank to the fullest extent of the law. Our law enforcement officers killed and injured in the line of duty deserve justice.”

Plank was charged with first-degree murder, three counts of shooting with intent to kill, and one count of using a vehicle to facilitate the intentional discharge of a firearm. Authorities say he fatally shot Schwartz and fired at three other deputies, injuring two, as they served an eviction notice on Aug. 22, 2022. He was denied bond and has remained in custody.

A motion to determine competency was filed by Plank’s defense team in November 2022, and the court ruled he was incompetent to stand trial. Prosecutors successfully sought a court order allowing the involuntary administration of psychotropic medication in an effort to restore competency within the two-year window allowed by law.

The next court-ordered 90-day review of Plank’s competency is scheduled for April 29, 2025.

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