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FARMINGTON, Utah (AP) -- Janice Gully says keeping her stepson, accused of killing her husband, in a jail cell while waiting for a psychiatric report is inhumane and unconscionable.
Benjamin Josef Gully, 20, is charged with murder in the shooting death of Jim Gully, 52.
The victim was shot in the head with a shotgun while the two were duck hunting in a remote area between Farmington Bay and Great Salt Lake on Oct. 9.
At a hearing Monday in 2nd District Court, Judge Michael G. Allphin set trial for Benjamin Gully for Oct. 25. Attorneys hope to have a mental evaluation report before then and hope the case is resolved before the trial date.
In December 2004, Gully was found competent to stand trial after three evaluations. Now the issue is whether he had the ability at the time of the shooting to know what he was doing.
"For Ben to be held in his mental state in a county jail is inhumane," said Janice Gully.
She wants her stepson to receive the help he needs, which she says he is not getting in the county jail. He does get his medication.
She has visited him several times.
"I told him I loved him and forgave him. He apologized for stop taking his medication," she said.
Benjamin Gully was hospitalized in 2003 for mental illness.
Janice Gully hopes that a plea bargain will send her stepson to the state hospital to get the mental help he needs.
That is the same thing Mary Gully, Benjamin Gully's mother, wants.
"My son is not getting the treatment he needs. He needs to be in the state hospital," Mary Gully said.
(Copyright 2005 by The Associated Press. All Rights Reserved.)