NEW ALBANY, Ohio (WCMH) – A preliminary hearing scheduled for the man accused of a mass shooting in New Albany has been postponed. A competency evaluation has been requested in its place.

Attorneys representing Bruce Reginald Foster III filed a motion this week for a competency evaluation to determine whether or not Foster is mentally fit to stand trial. Foster is accused of fatally shooting two people and injuring four others at a New Albany warehouse over one week ago.

Robert Barnhart, a law professor at Capital University, said it is important to know this competency evaluation does not have anything to do with Foster’s mental state at the time of the alleged crime but instead, his mental state right now.

“The defendant has to be able to understand the proceedings and be able to assist their attorney and if due to mental disease or defect, they cannot do either of those things,” Barnhart said. “The trial cannot proceed until they are able to do those things.”

The motion has yet to be scheduled according to Licking County Court of Common Pleas records. For a previous report on this story view the video player above.

The shooting occurred at the KDC/One building in the 8800 block of Smith’s Mill Road North on the night of Feb. 4. The Licking County Coroner’s Office identified the victim found dead at the facility as Kyle Vaver, 38, of Pickerington. The Franklin County coroner said Shakhar Chapagai, 30, was pronounced dead at 10:33 p.m. Wednesday at a Columbus hospital.

Nearly 12 hours after the attack, Foster was arrested by U.S. Marshals in the Columbus’ University District just south of the Ohio State campus, at around 10 a.m. Wednesday. He is facing a charge of aggravated murder and was issued a $20 million bond at last week’s arraignment hearing.

Barnhart said he expects in the next month or two, a court-contracted psychiatrist will meet with Foster to determine if he is competent to stand trial.

“Folks, even that I represented before who’ve been found not competent, usually are so mentally ill that they can’t process information or they’re either responding to internal stimuli or external stimuli that doesn’t actually exist,” Barnhart said.

He said if Foster is found not competent, the state can ask for a second opinion and can also attempt restoration.

“Just to be clear, just because somebody is not competent today doesn’t mean they can’t become competent, so even if they’re found not competent, the state has one year where they can compel the person into inpatient treatment in an attempt to restore them so that they can understand the proceedings,” Barnhart said.

The shooting appears to be a “targeted type of attack,” New Albany Police Chief Greg Jones said. A gun was recovered at the scene, although there were no reports or indication that an altercation or confrontation took place before the shooting.

Police reported that a worker at the scene said she believed Foster arrived at work intoxicated and smelled of marijuana. The workers told police they saw Foster firing a handgun at people along a production line, including one victim who was in the head at close range. The report said one of the shooting victims was able to get the handgun away from Foster, prompting Foster to then flee the building.

Foster worked at the KDC/One facility, where he had been in the building for several hours before the shooting, which occurred at around 10:20 p.m. Security video allegedly showed Foster running out of the building and into a gray SUV, which police determined to be a rideshare.

Upon Foster’s arrest, the U.S.  Marshals Southern Ohio Fugitive Apprehension Strike Team stated that he initially refused to exit the residence, prompting the SWAT unit to enter the residence by force and use a taser to subdue him.

Foster appeared in court Feb. 6 with the assigned council. Foster said he did not resist arrest but was told not to discuss the case.