LARAMIE (AP) - A man accused of killing a construction worker has pleaded not guilty by reason of mental deficiency.

Aaron E. Smith's attorney, Jim Wolf, of Cheyenne, also took the position Thursday that Smith is not triable because of his mental illness.

Assistant County Attorney Torey Racines asked the court that the state be allowed to conduct its own evaluation of Smith.

District Judge Jeffrey Donnell granted Racines' request.

After the state's evaluation, Smith will have a competency hearing to see if he can stand trial.

Donnell also set bail at $1 million cash.

Smith has been charged with first-degree murder in the Aug. 4 shooting death of Henry McCone.

McCone, 57, was shot once in the head while working on a construction project.

According to court documents, a former girlfriend of Smith told police that Smith was angry with McCone because the victim owed him money.

Smith, 31, a former University of Wyoming basketball player, has had two mental and psychological evaluations. The first evaluation concluded that Smith was both competent to stand trial and not insane. A second evaluation found he was incompetent and not responsible for his actions at the time of the crime.

Defense attorneys contend that Smith has a long-standing diagnosis of paranoid schizophrenia and that he is fine when on medication.

"We are now trying to determine what the proper medication is," Wolf said. "Once he is on medication, we will withdraw the not triable by mental illness condition."