DAKOTA CITY, Neb. (AP) — One of two men accused of killing another man in northeast Nebraska’s Dakota County has been found mentally incompetent to stand trial.judge on Wednesday ruled that Andres Surber will not stand trial, based on a state psychiatrist’s report.

A judge on Wednesday ruled that Andres Surber will not stand trial, based on a state psychiatrist’s report.

Authorities say Surber and Brayan Galvan-Hernandez, both of Wakefield, shot to death 41-year-old Kraig Kubik, of Emerson.

Parts of Kubik’s body were found in a car and in a creek. Authorities say Surber and Galvan-Hernandez had gone to Kubik’s home Nov. 1 and demanded that he give them a car that once belonged to Surber.

Galvan-Hernandez has pleaded not guilty to murder and related charges.

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