OKLAHOMA CITY – A man accused of shooting and killing an Oklahoma County Sheriff’s deputy in 2022 did not appear in court on Tuesday.
Court records say Benjamin Plank was set to appear for a competency hearing, after being ruled incompetent to stand trial for killing OCSO Sgt. Bobby Swartz.
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Swarz and another deputy, Mark Johns, were serving an eviction notice at Plank’s home in August 2022 when police say Plank shot at the deputies, killing Swarz and severely injuring Johns.
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Plank then fled the scene, driving a pickup truck onto the highway before coming to a stop outside Tinker Air Force Base, where he was apprehended.
Plank is facing several charges, including first-degree murder and shooting with intent to kill.
A district judge has set a hearing to determine if the Oklahoma Department of Mental Health is complying with court-ordered treatment to restore Plank’s competency.
Plank’s next hearing is scheduled for August, three years after the deadly shooting.
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