Photo: Anthony Barajas/ instagram; Rylee Goodrich/ instagram

Anthony Barajas and Rylee Goodrich

Joseph Jimenez, the man charged withfatally shooting TikTok star Anthony Barajas and college student Rylee Goodrichat a California movie theater this summer, is seeking an insanity defense.

A hearing has been set on October 22 for attorneys to discuss the appointment of a defense doctor to evaluate Jimenez.

Jimenez has waived his right to attend that hearing and is due back in court on January 28, 2022, according to Hall.

An attorney for Jimenez did not immediately respond to PEOPLE’s request for comment.

Joseph Jimenez.Corona Police

Joseph Jimenez

Barajas, 19, and Goodrich, 18, were shot on July 26 as they watchedThe Forever Purgeat the Regal Edwards Corona Crossings in Corona.

The pair had gone to the 9:35 p.m. showing of movie, which is the fifth installment ofThe Purgefilm franchise where murder and mayhem are legal for one day a year.

Barajas, who was known as itsanthonymichael on TikTok and had close to one million followers on the social media platform,succumbed to his injurieson July 31.

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Jimenez wasarrestedafter detectives served a search warrant at his home in El Cerrito and found a firearm that matched the caliber of the weapon used in the killing, along with other “evidence related to the crime scene,” the Corona Police Department previously said in a press release.

Jimenez is currently facing two murder charges with a special circumstance of lying in wait, which make him eligible for the death penalty if convicted.

Hall tells PEOPLE on Monday that District Attorney Mike Hestrin has not decided whether he will seek the death penalty.

source: people.com