KENNEWICK, Wash. — A state psychologist has determined that a Kennewick man accused of gunning down a Pasco father is pretending to be incompetent to avoid his murder trial.

The report in the case of Ramon Garcia-Morales concludes that he “had the capacity to have the necessary premeditated intent” to commit the Dec. 10 crime.

However, his attorneys feel otherwise and have hired a psychologist for a second opinion.

Karla Kane, who reportedly has concerns about her client’s “speech and ability to communicate,” told the court Thursday that the evaluation is complete and a report should be in hand in about two weeks.

Kane said she and co-counsel Carl Sonderman then must decide if a contested competency hearing is needed before moving forward with Garcia-Morales’ case.

Garcia-Morales, 29, is charged in Franklin County Superior Court with first-degree murder and attempted first-degree murder.

His case has been on hold since May when an order was signed to have officials with Eastern State Hospital review his sanity at the time of the crime and his mental state.

The report, completed by Nathan Henry with the Medical Lake facility, was submitted to the court Aug. 11. Henry, who met with Garcia-Morales in the Franklin County jail on July 10, diagnosed him with malingering — exaggerating or feigning illness to escape work, or in this case a trial.

Garcia-Morales and his younger brother, Jose, are accused of killing Alfredo Garcia inside his Manzanita Lane home. The victim’s 38-year-old wife, Maria Ramirez de Garcia, was seriously injured.

An order was entered Thursday finding Jose Garcia-Morales, 25, competent to stand trial. He faces the same charges as his brother.

Garcia-Morales now is set for trial Oct. 21.

When asked by Judge Carrie Runge if he was OK with that date as suggested by his attorney, Garcia-Morales said earlier would be best.

“That’s fine. The sooner the better,” he said through a Spanish-speaking interpreter. “But if that is the soonest it can take place, that’s fine.”