At Brooklyn Criminal Court, Judge Danny Chun declared that Arthur Martunovich was fit to stand trial, according to the NY Daily News. The defendant in an orange jumpsuit remained silent during the proceedings. The defense has until March 27 to challenge the Judge’s decision.

Arthur Martunovich, who is charged with attempted murder, criminal possession of a weapon, and murder as a hate crime, was in court today. Two months ago on January 15, New York police said he walked into Seaport Buffet on Emmons Avenue in Brooklyn and bludgeoned three Asian men in the head with a hammer. That night, 34-year-old Fufai Pan who was a chef at the restaurant died. The owner Thang Ng, 60, died three days later from the injuries sustained from the attack. And the 50-year-old manager, Tsz Mat Pun, passed away from his injuries a week later. The suspect allegedly told police that he attacked the Asian men because he believed Chinese men were mistreating Chinese women. For more details about the rampage click here.

Martunovich’s lawyer, Edward Mandery told reporters that he did not believe his client should be facing hate crime charges. “I understand why they were charged – you understand because of the conduct. But if you’re not fit and you’re not thinking properly, then how can you say someone is acting on the basis of race if they’re not even able to comprehend what they are doing?”

He also stated that today’s ruling has nothing to do with his client’s mental state during the attack. Instead, it was just to figure out if the defendant was mentally capable to stand trial. “He’s been treated by doctors and medicated professionally for over a month. This is just whether he’s fit now, that’s all,” he said.

Arthur Martunovich is staying at Bellevue Hospital psychiatric prison ward until his trial.