Court documents obtained from the Superior Court of California in the County of Santa Clara show that Krongard has been charged with five felonies in the county and was out on probation when he struck again.

Tom Flattery, the district attorney assigned to the case, said that Krongard had served his time and that is why he was out on the streets again.

In an incident in March 2002, Krongard was accused of creating a major disturbance at a restaurant in Santa Clara. When an officer arrived, he turned violent. "His hands were in front of him, constantly swinging, and his legs were trying to kick me," the police office wrote in his report of that incident.

Krongard continued to struggle as the officer tried to subdue him. He attempted to grab the officer's microphone and tried to punch him. The officer then used pepper spray on Krongard and handcuffed him.

Later at the police station, as he was being photographed, he hit another officer on the right eye. It took several officers to subdue Krongard.

On the same day, while being treated at the Valley Medical Center, Krongard spat on a hospital employee who was assessing his injuries.

Later that month, on March 10, Krongard spat on a correctional officer. Five days later, Krongard spat on another officer and tried to bite and scratch him at the Santa Clara County Department of Correction. The officer was attempting to give Krongard a copy of his mental health review when he was spat on.

In August that year, a superior court judge found that Krongard was not mentally competent to stand trial. He was ordered to be transferred to the State Department of Mental Health where he would be placed in a locked psychiatric facility. His maximum term was to be three years.

Krongard's case comes up for hearing again on Oct. 4. At the last hearing on Sept. 20 an attorney was chosen to represent Krongard.

The district attorney said the subject of Krongard's mental competency would be hotly debated.