Published: Jun 02, 2014 12:03 PM EDT
Updated: Jun 02, 2014 12:46 PM EDT

COLLIER COUNTY, Fla.- A judge will rule in August whether a Collier County man, accused of killing his entire family, is indeed fit to stand trial.

There have been questions about Mesac Damas and his mental state, but just last week, the Department of Children and Families ruled the accused killer can go to trial.

The judge gets the final say about his mental state, and Damas didn't appear in court today because he was singing in his holding cell. So, his attorney told the judge they would move on without him. Damas has been known to have outbursts in court before.

On Friday, he was brought back to the Collier County Jail after a doctor with DCF said he was competant to stand trial. He's facing six charges of First Degree Murder for killing his entire family in September of 2009 and faces the death penalty. The judge set his competency hearing for August 1st. A trial would be in early 2015.