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survived. sarah simmons is there live. >> reporter: we were there as they wheeled him into the courtroom and appeared frail, was in a wheelchair as you said. and he was difficult to hear. he did speak out. just a few things he did have to say during the arraignment. when the judge and his attorney were discussing the issue of whether or not he needed to go -- undergo a competency exam, something they would do in the next 30 days. during that time he was noticeably shaking his head and was trying to speak. he did utter a few words, saying this: the constitution grants me a speedy and fair trial and he also spoke up saying, as a u.s. naval officer, i'm sworn to protec my country and take my vows seriously. the attorney was asking for a competency exam at the time to see if he is exeat helicopter to stand trial. the judge did advise him to listen to his attorney and undergo the exam. he has four charges that will make him eligible for the death penalty. he has been hospitalized since the june 10th shooting. you can see as he came into the courtroom, there was a wound to the right