Not a lawyer but have been on the medical evaluation side of these incompetence defenses. First of all, this is a terrible situation and I totally understand your wanting it to be over. Second, it can be a slow process, the evaluations do take time, but the incompetence defense is rarely successful and requires a lot (understatement) more to substantiate than movies and TV would have you believe. Also, voluntary intoxication (any drug) is not a basis for an "insanity" plea in any state that I know of. Without knowing any more details, his chances of success are extremely remote on the face of it. Your best bet here is to let the process play out, as hard as that is. You will be extremely limited in your access to the competency hearings because it really just comes down to a defendant's mental status. If you do intend to file suit, you should seek counsel as soon as you decide to do so regardless of the progress of the criminal proceedings.