Associated Press - October 27, 2009 3:54 PM ET

CORUNNA, Mich. (AP) - A trucker accused of killing an abortion protester and another man in a small Michigan town has been found competent to face murder charges.

A judge accepted the latest report Tuesday on Harlan Drake. He was found incompetent less than a month ago, but his mental health has improved after getting treatment.

Drake's competency means he understands the charges and can assist his defense. His lawyer, Robert Ashley, still might pursue an insanity defense if the case goes to trial.

Drake is charged with fatally shooting James Pouillon (POOL'-yuhn) while the victim protested abortion outside Owosso High School on Sept. 11. He is also charged with killing businessman Mike Fuoss (FOOSE).

Ashley is seeking approval for a separate evaluation of Drake's mental health at the time of the shootings.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.