Judge decides man charged with murder of Oklahoma County deputy cannot continue competency restoration

An Oklahoma County judge has denied a request from prosecutors to allow more time for the man charged with the 2022 murder of Deputy Bobby Swartz to receive competency restoration at the Oklahoma Forensic Center.

Swartz was shot and killed while serving eviction papers for the suspect, Benjamin Plank. Another deputy, Mark Johns, was shot and survived.

MORE: 1 Deputy killed, another wounded in SW OKC shooting

Plank has spent the bulk of the previous three years in the custody of Oklahoma's Department of Mental Health and Substance Abuse Services at its Oklahoma Forensic Center in Vinita, undergoing a court-ordered competency evaluation and treatment. He was first admitted in April of 2023.

However, state statute sets a two-year limit for efforts to restore competency.

RELATED: Competency hearing for man charged in murder of OK County deputy is nearing a decision

During previous hearings on Plank's competency status, it was revealed that he had a history of refusing to take medication despite a court order that allowed psychotropic medication to be administered involuntarily.

Notes from his care at the Oklahoma Forensic Center reveal he had gained more awareness of his legal situation as recently as June 26, 2024. But, further notes since then reveal additional issues with refusing medication.

In July of 2024, he was transferred between units at the Oklahoma Forensic Center after doctors learned Plank had gained access to and was using marijuana.

Following his transfer, another doctor told the court that he "reverted back to a more consistent pattern with his other beliefs," which related to his delusions about a pedophile ring being connected to his case.

Because Plank refused medication during extended periods of his treatment at the Oklahoma Forensic Center, prosecutors argued that providers neglected their role in the treatment plan by not forcing medication, and the length of his treatment should be extended.

Recently passed SB 1089 amends state law to allow the state to not count any duration of a treatment during which a person refuses medicine against the allowed competency restoration period. But, that legislation does not take effect until Nov. 1.

In a literal approach, Plank's defense attorneys argued the set time period had passed, and the state should instead begin civil commitment proceedings.

In the order issued on Sept. 2, Judge Kathryn Savage concluded that despite the Department of Mental Health failing to follow her order, Plank's treatment duration at the Oklahoma Forensic Center could not be extended.

Plank's attorneys provided no comment about the order when contacted by News 9.

She also concluded that the court is left with "no other option other than civil commitment." That option includes dismissing, without prejudice, the criminal proceeding. Any statute of limitations which exist for any of the charges a defendant faces would be paused while they are committed, allowing the defendant to again be charged on all counts if ever discharged from the Department of Mental Health.

Also under the not yet in effect SB 1089, the Department of Mental Health and Substance Abuse Services would still be responsible for trying to restore competency during a civil commitment, and issuing a report about competency status at least once a year.

A spokesperson for ODMHSAS said it will follow the court's order, but did not specifically address the argument in the order that it assumes responsibility for failure to restore competency.

News 9 contacted the Oklahoma County District Attorney's office, which only said it was reviewing the judge's order and determining the next steps.

The Swartz family declined to comment when contacted on Tuesday.

The full order can be read below.

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