Brother incompetent in fatal American Fork shooting

PROVO — The man accused of fatally shooting his younger brother in American Fork was found mentally incompetent to stand trial, Tuesday in Provo's 4th District Court.

Judge Samuel McVey ruled that based on two doctor's recommendations, Eryk Drej, 31, is not able to legally proceed because he cannot fully comprehend the process

"He does not possess the necessary mental competency to appreciate and understand the charges against him or the legal proceeding, including possible penalties," McVey said.

Drej is charged with first-degree felony murder and could face from five years to life in prison, for the June 1 shooting of 25-year-old Lukasz Drej who was sitting in his truck parked in the side driveway of their mother's home.

When police arrived at the home, three officers had to restrain Drej, who was shouting, "you'll have to kill me," while refusing to drop a 9 mm pistol and shotgun. According to police, Eryk Drej had previously shot his brother 10 times, dragged his body down a set of outside concrete stairs, then struck his brother with the butt of a gun.

During later police interviews, police alleged Drej told them he had killed his brother to prevent him from murdering an unknown female and selling her organs on the black market. And in an attempt to prevent this "evil," Drej had hung up yellow duct tape smiley faces all over the house, American Fork police said.

Drej will be sent to the Utah State Hospital, where he will begin the process of competency restoration. Until he is deemed mentally fit to proceed, all legal issues will be on hold.

Prosecutor Jeff Buhman asked that Drej be placed in secure confinement while receiving mental health treatment, a request McVey granted, for the safety of Drej and others.

"In jail he has had some bizarre behavior," Buhman said. "We want to make sure he can't get out."

A review will be held in 90 days to determine whether Drej has regained competency. If he has, the legal proceedings will resume. If not, he will continue with mental health treatment.

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