JEFFERSON, Iowa (KCAU) — The lawyer for a man accused of kidnapping his son and leading to a standoff is asking for court proceedings to be suspended so the court can determine his client’s mental capacity. Mark Rasmussen, the lawyer representing Brandon Duong, 34, filed a motion to determine competency Thursday. In the filing, Rasmussen wants to have Duong’s mental capacity determined as he said that he believes Duong “is not able to assist in his defense.

He added that he doesn’t believe Duong is “able to perform the reasoning and/or judgment necessary to consider pleas or to make decisions.” Rasmussen states that Duong suffers from a mental disorder, limiting him from understanding his charges, assisting the defense counsel, or understanding the proceedings. As such, the defense is asking for the court to suspend proceedings so the court can see if Duong is fit to stand trial.

Duong faces charges of second-degree kidnapping – armed with a dangerous weapon, a Class B felony, and violation of custodial order – relative, a class D felony. The charges stem from an incident on Jan. 30. On that day, authorities said that Duong kidnapped his son from Jefferson and sparked a state-wide Amber Alert.

Later that day, Duong’s vehicle was later spotted by law enforcement in Woodbury County, leading to a pursuit into Cherokee and Plymouth counties. Duong later crashed east of Remsen. While armed with a rifle, he allegedly fled into a field with his son, court documents state.

During the standoff, Duong allegedly carried his son over his shoulders while officers had their guns drawn. A criminal complaint also accuses him of “using [his son] as a shield and a hostage” during the standoff. Officers eventually found Duong in the field and, after an hours-long standoff, took him into custody.

A release from the Plymouth County Sheriff’s Office stated that Duong was a non-custodial parent. The Iowa State Patrol said in a release the night of the incident that a Dec. 2023 court order restricted Duong from having custody of his son.

Duong pleaded not guilty during a preliminary hearing. He is currently scheduled for an arraignment hearing on Feb. 19.