Suspected Penske gunman not able to stand trial - CBS46 News

Suspected Penske gunman not able to stand trial

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On a beautiful day in June, Josh and Amanda Holbrook shared a moment outside together, but a cloud has been hanging over Josh’s life for the past seven years.

“I pray for justice all the time, just anything to give us some closure,” Holbrook said.

It has been a struggle for him to overcome what happened in the Penske parking lot in January of 2010.

“He said, 'How’s it going?' and I said, doing good Jesse how are you? And that’s when everything started,” Holbrook said.

Fellow employee Jesse Warren shot five people that day, including Josh, his boss.

“There was a bullet in the chamber when it misfired, so I saw a bullet fly out of the chamber and that's was when it became real,” Holbrook said.

Holbrook has been waiting for his day in court for years, only to receive more bad news.

“I cried, I didn’t know what to feel. It’s hard hearing you’re never going to get justice for what happened,” Holbrook said.

The Cobb County District Attorney’s Office told him Warren is unable to stand trial and has refused medication while serving time in a mental institution.

“He was competent that day to get up out of the bed, he was competent to go to the store and get cigarettes, he was competent enough to wait on me to get here, but now he’s not competent enough to pay for what he’s done,” Holbrook said. 

And standing before a memorial to his fallen friends at Penske, Holbrook will never forget that tragic day and will continue to fight for justice.

“I would just love to hear the guilty verdict,” Holbrook said. 

Warren’s attorney, Jimmy Berry, told CBS46 there will be a civil commitment hearing in the next couple of months so that the state can take over responsibility for Warren, which will allow the victims to see Warren face to face for the first time since that horrific day.

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