LA CROSSE, Wis. -- A La Crosse man serving time in a state mental health facility for trying to stab a La Crosse Police officer files another petition for release.

29-year-old Joseph Smith was sentenced in 2006 to 46 years in the Mendota Mental Health Institute for trying to stab Officer Jon Wenger during a traffic stop.

Smith, a schizophrenic, was hallucinating at the time of the stabbing.

Smith was shot twice by another officer. Wenger, now a sergeant with La Crosse Police, was wearing a bullet proof vest that prevented him from being injured.

At a hearing Thursday, La Crosse County Judge Dale Pasell accepted Smith's waiver for release, and ordered doctors to evaluate Smith before he is released.

Smith was released for several months in 2010, but was re-committed to Mendota after experiencing more hallucinations.

Smith is scheduled for another hearing in June.