Andres Surber was ruled competant to stand trial for the murder of Kraig Kubik. (Picture: KTIV/ Gun Memorial)

An alleged killer dismembered his friend then claimed he was Lucifer in a failed bid to appear insane, prosecutors say.

Andres Surber, 28, was ruled mentally competent to stand trial on Tuesday for the murder and dismemberment of Kraig Kubik, 42, on November 1, 2016 in Nebraska.

Surber’s competency ruling comes despite bizarre behavior in the courtroom, where he interrupted hearings to talk loudly to himself and call himself names like Lucifer.

However, prosecutors have said Surber’s outbursts are just an tactic to avoid standing trial.


in May 2019, after a state psychiatrist ruled Surber mentally incompetent, Assistant Nebraska Attorney General Corey O’Brien told the Sioux City Journal: ‘ He is doing nothing but putting on an act. If his competency is restored in two days, two weeks, two months, two years or 22 years, the state is going to be there to prosecute him for the death of Mr Kubik.’

Brayan Galvan-Hernandez, 21, pleaded no contest to attempted second-degree murder and guilty to accessory to a felony in connection with Kubik’s death. He was sentenced to 50 to 60 years in prison in December. Prosecutors say he helped plan the murder and played a role in the desecration of Kubik’s body.

Prosecutors said Surber and Kubik argued for days over a payment for a car Kubik bought from Surber. Surveillance camera’s at Kubik’s home show him meeting with Surber and Brayan Galvan-Hernandez, 21, on the day he was killed.



An autopsy later found Kubik died of a gunshot wound to the back of his head. Kubik’s right arm and leg were found inside a trunk of an abandoned farm more than 20 miles away in November 2016.

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Surber pleaded not guilty to first-degree murder, use of a firearm to commit a felony and possession of a firearm by a prohibited person.

Galvan-Hernandez, 21, pleaded no contest to attempted second-degree murder and guilty to accessory to a felony in connection with Kubik’s death. He was sentenced to 50 to 60 years in prison in December. Prosecutors say he helped plan the murder and played a role in the desecration of Kubik’s body.

But mental competency has been the issue at the heart of Surber’s case ever since his arrest more than three years ago.

His case has been put on hold twice while doctors treated him. He was first ruled incompetent to stand trial in April 2017.

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In October 2018, a psychiatrist announced Surber’s competency had been restored after months of treatment at a mental health facility. He was again ruled incompetent in May 2019.

Surber, who has been diagnosed with schizophrenic effectiveness disorder with bipolar symptoms, has further complicated matters by refusing to take his anti-psychotic medications at times.

Two judges have given doctors permission to administer the drugs against Surber’s will.

Surber’s trial is now set for May 26.