CASS COUNTY, MO (KCTV) -- Kylr Yusts’ attorney’s keep bringing up the question of incompetency. They hired a doctor to determine whether he is or not, and that doctor deemed Yust incompetent based on his anxiety and depression.

That doctor says Yust needs treatment to be restored before standing trial. Tuesday evening, that trial date is scheduled for the end of October.

The Judge Tuesday made an interesting point stating that he’s been getting numerous documents from the defense saying that Yust is incompetent. So, what the judge has ordered is for Yust to have another mental evaluation done, this time done by the state.

Because the Department of Mental Health has up to 60 days to do this, and we’re technically 58 days away from the trial, the judge has expedited the mental evaluation.

The defense fired back saying expediting the evaluation will not give Yust the trial he deserves. The judge then said in court this has gone on long enough, and they are going to trial and that Yust will get the trial he deserves.

It is possible that the trial date could be extended. That reason is two-fold. First off, once the state evaluation comes back, which ever party doesn’t like the outcome, can object. They then have another 30 days to have another doctor rebuttal the results.

The second reason is if the state agrees Yust is incompetent, he’ll go in for treatment. Now, many family members and friends met before Tuesday’s hearing for a prayer circle. Despite the fact that the trial could be extended, they’re staying positive.

“I’m happy that we have some closure with finding their remains and if it takes 10 years to get everything processed and done, as long as we’re all supportive and know we’re doing everything we can to get justice served, I’m here,” Kelly Clasen, friend of Kara’s family said.

There was also a lot of back and forth Tuesday in court over evidence issues. Because this could not get worked out, the judge has asked for both parties to come back on September 16 at 1:30 p.m. when the defense and prosecution has worked everything out.

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