LINCOLN, Neb. (AP) — A judge is deciding what to do about a 66-year-old man who in 1992 tried to shoot up a college classroom in Lincoln but his rifle jammed.

A psychiatrist told Judge Paul Merritt Jr. at a review hearing on Wednesday that Arthur McElroy is still mentally ill but also so afflicted with physical ills that he doesn’t pose a threat to anyone. McElroy was charged and tried for attempted second-degree murder, but a judge ruled that McElroy was insane and not responsible for his actions.

McElroy’s attorney says that if Merritt doesn’t release McElroy outright, the judge should have him placed in a nursing home. But prosecutors say McElroy is still mentally ill and dangerous.

Merritt says he’ll make his ruling next month.