HOLLIDAYSBURG, Pa. --


Attorneys for an Iraq war veteran charged with killing two people during an Altoona sandwich shop robbery said the man should have had a lawyer present when he underwent a mental health evaluation.

 
Lawyers for 31-year-old Nicholas Horner want him to undergo another evaluation with representation before he stands trial in the April 2009 shootings, according to The Associated Press.


Prosecutors argued there's no constitutional right for a defendant to have a lawyer present during an evaluation.
 

Horner previously pleaded not guilty by reason of insanity in the shootings of three people. His attorneys have said Horner had post-traumatic stress disorder.
 

Police said Horner stole about $130 from an Altoona Subway store on April 6, 2009. During the robbery, investigators said Horner shot and killed Scott Garlick, a worker at the Subway. Another employee, Michelle Petty, was shot in the hip and wounded.

Police said Horner then ran from the restaurant and shot Raymond Williams, a resident who was getting his mail.


A ruling on Horner's mental health evaluation could come this week. Stay with 6 News, WJACTV.com and WJACTV.com Mobile for continuing coverage.