A German court has ruled a 94-year-old man suspected of having been an SS guard at the Nazis’ Auschwitz death camp is not fit for trial.

The Ellwangen state court said Friday that Hans Lipschis is suffering from dementia and it would not be possible to try him on the 10,510 counts of accessory to murder he faced.

The court already released Lipschis from custody in December and telegraphed how it was leaning, saying then it had “considerable doubt” he was legally fit.

Lipschis was deported from the U.S. in the early 1980s for lying about his Nazi past when he immigrated to Chicago in 1956, and he has lived in Germany since.

Stuttgart prosecutors did not immediately return a call to say whether they would appeal the decision.

(AP)