AUSTIN (KXAN) — A man facing multiple charges of capital murder in connection with a Central Texas shooting spree in December 2023 was deemed mentally incompetent, according to Travis County court documents. Shane James, 35, was accused of killing six people and injuring three others during a string of violent incidents Dec. 4 and Dec. 5 in 2023. TIMELINE: How the shooting spree in Austin, Bexar County unfolded Among the victims were both his parents in Bexar County and four people in Travis County. James was also accused of shooting an Austin Independent School District police officer, an Austin Police Department officer and a cyclist. "Competency to stand trial is required under our law in that our law wants an accused person to be able to communicate effectively and to work effectively with his or her attorney," said criminal defense attorney Alan Bennett, who is also a former Travis County prosecutor. Bennett said an incompetency determination doesn't mean that anyone is walking away from the case. As part of the judgment, James must be committed to a mental health facility or residential care facility for treatment. The judge also ordered James to be evaluated within 120 days as to whether he poses a threat to himself or others, and whether he will continue treatment. "[The suspect will] continue with their therapy and treatment, and at some point, hopefully in the future, the court makes that inquiry, and a determination is made that they are now competent to stand trial," Bennet said. James has been undergoing psychological evaluations for several months, his attorney told KXAN Thursday. "Ideally Mr. James would be taken quickly to a state hospital for treatment and sanity restoration, but the waiting lists for beds are extremely long," his attorney Russ Hunt said. Within the 120 days, James will have another hearing about the evaluation, and the judge will then determine what happens next. Possible outcomes include: Being committed for inpatient treatment or residential care Receiving outpatient or community-based treatment and supervision Transferring to an appropriate court for proceedings Immediately being released It isn’t clear how long it could take James to reach a mental health facility. If he is ultimately sent to a state hospital, the wait could be months, or more than a year, according to recent data from the Texas Health and Human Services Commission. PAST COVERAGE | Central Texas shooting spree suspect faces 10 charges, including 4 for capital murder The state hospital system has been grappling with extended wait times for people to reach beds for years. For those charged with crimes and found incompetent to stand trial, the waitlist is split into two main groups: a maximum-security list and a non-maximum-security list. The Travis County Sheriff's Office (TCSO) said as of Nov. 4, there were 127 people on the waiting list from the county. The list includes people waiting for standard security facilities and maximum security facilities. "Eligibility is determined by statute or by the state. The wait time is completely dependent on hospital availability. The inmate at the top of our maximum security list has been waiting 277 days," TCSO said. Given James’ murder charges, he would likely be placed on the maximum-security waitlist, which has longer wait times and fewer beds. As of August 2024, there were 582 people on that list waiting an average of one year for a bed, according to HHSC data. While on the waitlist, most suspects wait in county jails. KXAN has done multiple investigations into how that wait in jail can impact mentally ill suspects. The number of people on the state hospital waitlist grew steadily for years, peaking around the spring of 2023. In April 2023, there were over 1,000 people on a waitlist for a maximum security state hospital bed. They were waiting an average of 680 days, HHSC data shows. Since that time, the waitlist – and length of wait – have edged downward. State hospital officials have said the waitlist numbers are improving because of increased staffing, which has allowed more beds to be brought back online, among other reasons. TCSO said James would remain in its custody for his duration on the waitlist and continue to provide him with medical care.