A motion hearing for Devawn T. Mitchell, 23, gave the defense until Dec. 1 to decide if it would move forward with a mental disease and defect defense.
The state originally objected to the defense, stating it was out of time, but the court found that there was good cause for the delay.
Mitchell will be evaluated by a mental health expert. In the interim, the state will have its own expert for a response to the evaluation.
Mitchell is charged with murder in the first degree, aggravated assault, three counts of fleeing or attempting to elude a police officer, three counts of reckless driving, nine counts of ignoring stop sign and yield signs, three counts of ignoring basic speed rules and five counts of turn movements and required signals, according to court documents.
Mitchell led police on a high-speed chase through Emporia in March that ended when his vehicle struck a Ford F-150 driven by 64-year-old Steven Henry, according to court documents. Henry was pronounced dead at the scene.
Mitchell is in custody at the Lyon County jail on a $1 million bond. There will be a hearing at 11 a.m. Dec. 1 at the Lyon County District Courthouse.