JAY - Attorneys on both sides officially agreed on Thursday that Kevin Wade Ellis was temporarily insane when he gunned down his brother in the summer of 2005.

Kevin Ellis, 42, was ordered to be admitted to the Oklahoma Forensics Center in Vinita for an evaluation and, according to District Attorney Eddie Wyant, scheduled to return back to court on Feb. 21.

On June 30, he was charged in Delaware County with first-degree murder in connection with the shooting death of Kevin Wade Ellis.

Kevin Ellis went to his brother's Colcord home on June 29 and the two were talking in the kitchen when Keith Ellis' wife reportedly heard a shot coming from inside the couple's house.

Melissa Ellis told authorities that she was on the front porch when the incident occurred. She said it was a routine day as she was watering the dog and getting ready to go to a friend's house where she'd promised to babysit.

Kevin Ellis fled from the scene and was apprehended a few days later by authorities outside a motel off Interstate 44 near St. Robert, Mo. Pulaski County deputies indicated they'd responded to a call indicating Kevin Ellis was standing near a roadway, appeared confused and disoriented.

Since that time, Kevin Ellis has been held without bond in the Delaware County Lail.