SIOUX FALLS, S.D. (KELO.com) -- A Sioux Falls Judge has ruled that convicted killer Rodney Berget is not mentally disabled and has dismissed claims against his death sentence.
The ruling follows a near-week long court hearing in Sioux Falls.
Berget faces execution for murdering a state prison guard in Sioux Falls during an elaborate escape attempt back in 2011.
Attorney General Marty Jackley says the facts demonstrate that Berget was a leader, not a follower, and has a highly developed planning and problem solving ability.
Jackley says he will now seek a warrant for Berget's execution.
According to records of the case, Berget and fellow inmate Eric Robert killed Guard Ron Johnson. Robert then put on Johnson's uniform, and Berget hid in a cart which Robert pushed toward the Prison gate. They didn't get far.
Robert was executed in 2012.