A 32-year-old man accused of killing his cellmate at Nebraska State Penitentiary in 2020 has been declared incompetent for the trial.
In an order last week, Lancaster County District Judge Lori Maret said, based on evidence presented at a hearing in June, that Angelo Bol is currently not mentally capable of undergoing his trial for the murder of Kevin Carter.
But she concluded there was a strong likelihood that his competence could be restored for the foreseeable future and ordered that he be held in a jail near the Lincoln Regional Center for treatment by staff and doctors.
She scheduled a review hearing for December.
Bol is already serving a life sentence for the murder of another man.
On the evening of Nov. 6, 2020, staff at Lincoln State Penitentiary found Carter, 20, on the floor of his cell unresponsive and covered with a sheet, according to a news release.
Attempts to revive him failed and he was pronounced dead around 11 p.m.
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At the time, Director of Corrections Scott Frakes called the death “suspicious” but gave no further details.
A grand jury that considered Carter’s death later returned a genuine bill, finding that the evidence before it was sufficient to warrant Bol’s prosecution.
Details, including how Carter was killed, have yet to be released, although the Lancaster County prosecutor said no weapon was involved. Prosecutors have requested a protective order on the grand jury transcript and exhibits until the case comes to trial to protect Bol’s right to a fair trial.
By law, the information would otherwise be publicly available.
It is unclear how Carter was placed in a cell with Bol, who was serving a life sentence for shooting fellow employee Karel Perez-Almaguer, 34, to death in the parking lot of Gibbon Packing on December 12 . 15, 2014.
Carter was serving a six- to nine-year sentence for making terroristic threats and using a deadly weapon to commit a felony for participating in the beating and stabbing of a man in Douglas County in 2019.
He would have been eligible for parole in less than a year and a half.
His death was the second in three years where an inmate serving a life sentence allegedly killed his cellmate in a Nebraska prison. In 2018, Patrick Schroeder was sentenced to death for strangling Terry Berry in his cell at Tecumseh prison on April 15, 2017.
Berry, 22, was two weeks away from being released when he died.
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