Man accused of killing Sgt. Nick Risner has yet to go to trial

SHEFFIELD, Ala. (WAFF) – The man accused of killing a Sheffield police officer has been in the Morgan County Jail for three years. Waiting for a mental evaluation.

A local defense attorney told WAFF he may have to wait much longer.

Three years, no verdict, no justice. In April 2022, Brian Martin pleaded not guilty by reason of insanity for the shooting of Sergeant Nick Risner.

That's when Martin received his first mental evaluation and is now awaiting a second after the prosecution and defense agreed it was warranted.

In April 2023, the prosecution and defense later agreed that he required further mental evaluation because Risner had already been killed 17 months earlier.

“There are a number of reasons for the delays,” said local defense attorney Larry Marsili. “The state’s staffing shortage and excess demand are probably the main reason for this. I have looked at cases where it took more than a year for the mental evaluation to be completed.”

Marsili, who does not represent Martin, knows the mental evaluation system well. He recently entered a plea of ​​not guilty by reason of mental retardation for his client Juan Laws, who was accused of killing a Huntsville police officer and injuring another. He also expects a waiting time for this assessment.

“I was told to expect a delay of about a year and a half on one of these,” Marsili said.

Why? There is only one facility in the entire state that performs these evaluations. At last check, Martin ranked 92nd on the mental evaluation list at the Tuscaloosa Mental Health Facility.

“In order for the defense attorney to ask about it, we have to have a reasonable basis for belief. For my part, I don’t just file one in every single case,” Marsili said.

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