ODESSA, TX (KWES) - An Ector County grand jury indicted an Odessa teen Monday on capital murder charges.
Gabe McDonald, 17, is accused of shooting his parents, Jana and Greg McDonald, to death. This means the trial is moving forward.
However, it's still too early to tell if Gabe McDonald will stand trial.
His attorney, Justin Low ordered a psychological test on McDonald. He says the preliminary results show Gabe is not fit to go before a jury.
"He's not fully aware of what's going on," said Low.
We spoke with Ector County District Attorney, Bobby Bland, he says he hasn't seen anything on McDonald's mental state.
"I personally haven't seen any information regarding his psychological makeup, incompetency, or insanity, or any kind of evaluation," said Bland.
McDonald's defense attorney says he will turn those psychological tests over during Gabe's arraignment. Where he plans to enter a not guilty plea for teen.
"We'll notify the court that we have indications that he is not competent. The court will appoint an expert to evaluate him, a disinterested expert," said Low.
If both medical experts agree, McDonald could be sent to a mental hospital to be made competent to stand trial.
"Should their expert come up with a different result we would have a jury trial on the issue of competency before we moved on to the actual trial on the indictment," said Low.
If McDonald is found fit to stand trial, he won't be eligible for the death penalty or life without parole.