LITTLE ROCK, Ark. (KARK) — The man accused of killing 3-year-old Acen King last December was back in court Monday afternoon.
Gary Holmes, 33, was silent on his way into the Pulaski County Courthouse for a hearing on the status of his mental health evaluation that was ordered back in April.
The evaluation is not yet finished.
The judge decided to push the matter to Sept. 18 to allow the State Hospital more time to complete it.
A supervising psychologist reported previous attempts to evaluate Holmes were unsuccessful because Holmes was quiet and passive aggressive.
The attorney for Holmes disagrees.
“I wouldn’t say that he wasn’t cooperating. I’m not certain of the delay. That’s in the hands of the State Hospital and for them to open up space for him to be evaluated,” says Ronald Davis, Jr.
Prosecutor John Johnson told reporter Chanley Painter that a delay is not good news for King’s family, who would like to go to trial as soon as possible.
Holmes is facing a first degree murder charged, reduced from an initial charge of capital murder, along with felony terroristic act and felony possession of a firearm.
King died in the backseat of a car after police say Holmes fired a shot at the vehicle during a traffic dispute.