TAMPA Fla. (WFLA) — A Hillsborough County judge ruled Friday morning that the man accused of stabbing a HART bus driver to death is incompetent to stand trial.

Justin McGriff, 35, is accused of stabbing Thomas Dunn with a knife in May in front of horrified passengers.

McGriff will now be sent to the Florida State Hospital where they will work with him until his competency can be restored, if at all.

According to the state, two doctors made the finding of incompetence and found that McGriff may not be “restorable” any time in the near future. And since the state and the defense are in agreement, the judge officially ruled that he is incompetent.

The state was seeking the death penalty for McGriff. However, a new judge who specializes in death penalty cases presided over the Friday hearing.

The victim, Thomas Dunn, was a father and a veteran, who had fought for bus safety improvements before his death.

The tragedy prompted safety changes. Hart is dedicating $1 million toward installing safety barriers on all hart vehicles, to protect drivers.