“The Court cannot allow such a person to be subjected to the death penalty, regardless of public clamor," Judge Julie Kaelin ruled, arguing she should not be swayed by fear of criticism.

Attorney Matt Pippin filed a motion last week asking a judge to jail him alongside his client, Jacob Gonzalez, until Kentucky's state-run psychiatric center gives provided a competency evaluation, which he has been waiting for since September 2022.

In a motion filed Thursday, attorney Matt Pippen said his client Jacob Gonzalez would have already served out his maximum possible sentence if he had been convicted of the charges against him. But he is still waiting for an evaluation by the state to determine if he is competent to stand trial.

After hearing from witnesses for more than two hours, including a psychiatrist from the Kentucky Correctional Psychiatric Center (KCPC) in La Grange who evaluated Rhodes, Judge Julie Kaelin ruled “there has been no conclusive testimony that he is incompetent.”

The high-profile case has been pending since 2016 and was scheduled for trial in January 2022 before Rhodes’ defense asked for a competency evaluation, claiming Rhodes had an "intellectual disability" that would prohibit prosecutors from seeking the death penalty.

Metro Department of Corrections Director Jerry Collins said the Kentucky Correctional Psychiatric Center in La Grange  has begun working here and around the state to perform some evaluations through video conferences or coming to the facilities.