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UPDATE: New hearing scheduled for man ruled incompetent to stand trial

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UPDATE (7:46 a.m., May 5):

The judge who ruled Dirk Prather was not competent to stand trial has scheduled a dangerousness hearing for Tuesday, May 12.

The hearing will be held to determine the facts of the crime and to prove the crime was a serious act, according to a spokesperson from Arizona Superior Court.

If the judge determines that is the case, a trial will be scheduled where the burden is on the state to prove that Prather remains dangerous to the community, the spokesperson said.

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A judge has declared a Tucson man incompetent to stand trial in a murder case.

A hearing was held Monday in Superior Court.

35-year-old Dirk Prather was to go on trial for the shooting death of 44-year-old Clayton Moore Bishop.

Court documents show Prather told a neighbor he shot a homeless man sleeping on his couch.

A judge issued a ruling that Prather is incompetent and unable to be restored because of a stroke.

A hearing is underway to review whether Prather should be released from jail and what to do about the charges.