SIOUX FALLS, S.D. (KELO) — An 80-year-old Sioux Falls man suspected in a 1974 murder in Minnesota will not have to go to trial.

This week, the Minnesota Court of Appeals ruled that Algene Vossen is not physically or mentally fit to go to trial for the brutal killing of an elderly woman.

The ruling this week by the Minnesota Court of Appeals that Vossen is incompetent to stand trial re-affirms the lower court’s decision.

“I read the District Court order. It was quite thorough. there were three experts and two thought he was incompetent and one thought he was competent and the District Court seem to consider all of those reports,” Judge Renee Worke said.

But the state argued that the lower court didn’t properly weigh the evidence in those expert findings and said Vossen is mentally fit to stand trial.

“It’s clear from the record Mr. Vossen demonstrated not only factual understanding of what is court, what is a judge, what is an attorney, what do they do; he had opinions and was able to express rational understanding of how that would impact his case,” Assistant County Attorney Julianna Passe said.

Vossen is accused of killing Mable Herman of Willmar, Minnesota, almost 50 years ago.

Vossen, who lived in Willmar at the time, was immediately a person of interest and questioned in the case.

New DNA testing tied him to the murder decades later, according to law enforcement.

But the two mental health experts determined last November that Vossen was mentally unfit to stand trial saying he suffers from significant memory loss.

However, the state also argued that Vossen understood that if he pleaded guilty, he would go to prison for the rest of his life.

“But there were other questions that were asked too, where he demonstrated confusion; he didn’t know what day of the week it was, he didn’t know who the President was,” Judge Worke said. “The problem in this case is not that he didn’t understand what a court proceeding is or a judicial proceeding is, but when witnesses start taking the stand, he doesn’t have any ability to digest the information as it’s coming into court to assist his counsel in his own defense at trial. That’s the finding by the district court.”

Vossen will now be evaluated for civil commitment, which is a court-ordered institutionalization and will be periodically examined every six to 12 months.