LINCOLN, Neb. (KCAU) — A conviction has been upheld against a Wakefield man found guilty of first-degree murder.

The Nebraska Supreme Court affirmed the ruling by the Dakota County District Court against Andres Surber, 29, for the 2016 death and dismemberment of Kraig Kubik, 41, of Emerson.

Surber was found guilty in September 2020 and sentenced in November 2020 for first-degree murder, using a firearm to commit a felony, and possession of a firearm by a prohibited person.

After the sentencing, Surber’s attorney Todd Lancaster said they would appeal the decision, stating that he believed there were a number of errors in evidence allowed, and questioned if Surber was competent during the trial.

Surber had previously been found incompetent to stand trial before being placed on anti-psychotic medication, but a judge ruled that he was fit to stand trial in January 2020.

A second man in the case, Brayan Galvan-Hernandez, had pleaded no contest to second-degree murder and accessory to a felony in relation to the case in 2017. He was sentenced to between 50 and 60 years in prison.