MADISON COUNTY, Ky. (WKRC) - A Taylor Mill man accused of killing a former prosecutor in a home invasion will not be allowed to change his plea to guilty just yet.

Shannon Gilday's attorney filed a motion May 12 to enter a plea of "guilty but mentally ill" in the death of Jordan Morgan.

She was fatally shot in her father's home in Madison County in February. Her father was also shot several times.

There have been allegations that Gilday targeted the home because it had a bunker he wanted to access.

At a hearing Monday morning, the prosecutor said more proof is needed that Gilday is mentally ill before he can change his plea.

"We were unable to go forward with our plea of guilty but mentally ill, which is what we hoped to do last week and still hoped to do this morning. But since we were unable to go forward, the rules are clear that the court needs to carry the case forward," said Tom Griffiths, Gilday's attorney.

The judge entered a "not guilty" plea in the meantime.

In another unusual move, Griffiths is not asking for “discovery” -- the prosecution's evidence.

The defense attorney says they already know what Gilday did and everything about it.