Wichita ? A man accused of killing a Harvey County deputy who was responding to a domestic disturbance call has been ordered to undergo a psychological evaluation to see if he’s fit to stand trial.

Gregory Moore, 46, of Newton, is facing one count of capital murder and two counts of attempted capital murder. He could face the death penalty if convicted.

Moore is accused of killing Harvey County Deputy Kurt Ford, 38, and wounding Hesston Police Detective Chris Eilert, 33, during a shootout on April 9. The two were members of Harvey County’s Emergency Response team.

He also is charged with trying to shoot sheriff’s investigator B.J. Tyner, aggravated kidnapping of the woman who lived with him, and possession of a firearm by a convicted felon.

If convicted, Moore could face the death penalty or life in prison without the chance of parole.

Kansas’ death penalty law was ruled unconstitutional in December by the Kansas Supreme Court, but that ruling was stayed during the appeal to the U.S. Supreme Court. Moore would only face capital punishment if the Supreme Court upholds Kansas’ death penalty law.

On Friday, Sedgwick County District Judge David Kennedy issued an order for the competency evaluation. He is hearing the case because of conflicts with the judges in Harvey County.

Moore’s lawyers say he can’t understand the charges against him or help in his defense.

“We have a good-faith belief that Mr. Moore is unable to consult with us to a reasonable degree of understanding,” David Freund of the Kansas Death Penalty Defense Unit told the judge.

Kansas Bureau of Investigation agents are scheduled to take Moore to the state hospital in Larned on Monday, where doctors have 60 days to conduct their evaluation after his arrival.

Among the reasons a defendant can be found incompetent are severe mental illness, limited intelligence and developmental disabilities.