VIRGINIA—The suspect who allegedly killed an Oklahoma man in Virginia, has asked the court to throw out his order for a mental evaluation.

James Jordan was recently in court.

His attorney argued if those medical records were presented, his client may not get a fair trial.

The FBI reports on May 10th, Jordan killed 43-year old Ronald Sanchez on the Appalachian Trail.

Sanchez was traveling with four other according to court documents, and they reported being followed by Jordan.

The group of hikers said later that night, Jordan approached their tents, and threatened to pour gasoline on them to burn them to death.

They said he also had a weapon.

“Hikers were calling it a machete, it is a very large knife,” said Unicoi County Sheriff Mike Hensley.

Two hikers ran away, and at that point Jordan reportedly stabbed Sanchez to death.

Reports state he and then went after another female hiker and stabbed her multiple times.

Court documents reveal "Victim #2 played dead" and later was able to run away and soon "called 911."

A new filing from Western District of Virginia states with regard to the current evaluation, "any competency evaluation would be provided directly to the government" "...which may prejudice Mr. Jordan's mental health assessment..."

Instead, Jordan's attorney argued for a local mental evaluation instead.

Jordan is still being held at a county jail.