Lawyers for Andrew Martinez, 35, of Newton, filed a motion to determine competency to stand trial. Martinez is accused of first-degree murder, domestic battery and two counts of misdemeanor battery after an altercation on New Year's Eve left Bob "Spider" Flores dead.

"Based on privileged communication between defendant and his counsel, the undersigned reasonably believes that Mr. Martinez is not competent to aid and assist in his own defense," wrote Michael Llamas and Kevin Loeffler, members of Martinez's defense.

They are requesting a mental evaluation for Martinez, who is in Harvey County Jail awaiting trial.

A preliminary hearing for Martinez is scheduled for 9 a.m. Friday in Harvey County District Court.

This will not be his first appearance in court, nor his first brush with the law. According to court records, he was on probation at the time of the murder. This week, a motion to revoke probation was filed with the court.

According to district court records, Martinez was given probation for possession of depressants in a 2003 court case. He was charged with battery after an altercation with another man in 2011, the case appearing on court dockets in 2013. In 2015, a case of possession of drug paraphernalia was dismissed as part of a plea agreement for a case of distribution of methamphetamine in 2016. He was serving a 64-month probation for the possession charge at the time of the homicide. In 2016, he was charged with aggravated criminal threat following an incident Aug 7, 2016. Under a plea agreement, he was placed on 41 months of probation. A burglary and theft case was dismissed outright in 2016. 

Robert Flores Sr. died as the result of an incident still under investigation that began with a 911 call at 10:27 p.m. Dec. 31. At that time, Harvey County Communications received a call via 911 reporting a disturbance in the 300 block of S.E. Fourth. A woman told dispatchers she was involved in a physical disturbance with a man. According to investigators, a stepladder was used as a weapon during the altercation between Flores and Martinez.

A later call from a witness advised there was another man on the ground who was bleeding. Officers arrived on the scene and found Flores down on the sidewalk. Officers attempted life-saving measures, but he was pronounced dead at the scene.

Martinez was apprehended on foot in the area shortly after the incident. Police said that Flores and Martinez lived in the same house and got into a fight that spilled out onto the lawn on New Year's Eve. Alcohol is believed to have been involved. Martinez received treatment for a broken hand from Newton Medical Center before he was booked into jail.

Martinez is also accused of domestic battery against an adult woman and battery against two juveniles.