TAZEWELL COUNTY, Ill. (WMBD) — The public defender for a rural Washington man accused of stabbing his sister and then setting their shared home on fire, is filing an order to hold the Department of Health and Human Services (HHS) in contempt of court.

David Naffziger was deemed mentally unfit to stand trial by the judge in early May. Naffziger refused several court appearances, including Thursday. This marks the fourth court refusal.

Naffziger was supposed to be transferred from the Tazewell County Jail to HHS custody within 20 days of being found mentally unfit.

Assistant State’s Attorney John Spears, who is representing Naffziger, said Naffiziger is languishing in jail. It has been more than 100 days since HHS was supposed to pick him up from jail.

Judge Chris Doscotch ordered HHS to pick up Naffziger immediately for his and others’ safety. He expressed concern about Naffziger’s deteriorating mental health, as the jail is not equipped to handle him.

HHS will have to prove why it should not be held in contempt.

No other court date has been scheduled at this time.