The criminal trial for Barry Alan Tolbers has been put off indefinitely after Assistant County Attorney David Walker filed a petition for the court to decide if Tolbers is mentally ill and dangerous to the public.

The court ruled that Tolbers would have to undergo a competency evaluation, which will determine if he is competent to proceed in the trail.

Tolbers, 47, held police in a nine-hour stand off with police from his home at 809 Harding Ave. in Albert Lea on April 5. It began that night and wore on through the morning, as he fired at least 69 times with shotguns, a rifle and a handgun, damaging neighboring houses, street lamps and a police squad car. The police then threw gas into the house and when Tolbers exited the house with a holster strapped to his back, he was shot twice with non lethal ammunition.

Nobody was injured.

Walker had an evaluation done earlier this month which concluded that Tolbers was not mentally capable of continuing with the criminal trail. The evaluation consisted of extensive interviews with friends, relatives and Tolbers. There was also extensive research on his behavioral and criminal records.

The next step, Walker said, will likely be evaluating Tolbers again to see if they come to the same conclusions. If so, Tolbers will likely go to the state mental hospital in St. Peter.

If Tolbers is committed, his criminal trail will be able to remain open for three years. If Tolbers is released in that time as competent, he can still be prosecuted, and the prosecutor can also file for an extension on that time period.

Generally, Walker said, once committed, people are generally not released.

&uot;That would be very rare,&uot; Walker said. &uot;But, theoretically it is possible.&uot;