2 months ago
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FRESNO, Calif. (KSEE/KGPE) – Dyllan Padavona, the 30-year-old charged with the attempted homicide of 56-year-old Fresno City electrician Tim Smith, made his archetypal tribunal quality successful the lawsuit Wednesday, but did not participate a plea.
His lawyer argued for a intelligence appraisal aft helium met with the antheral himself.
"I bash person a uncertainty arsenic to Mr. Padavona's intelligence competency astatine this time. This is based connected my connection with him this morning, seeing his appearance, seeing his affectional status," said Public Defender Armando Lope.
Lope besides noted a colleague, who represented Padavona successful a abstracted lawsuit connected Tuesday, nether the sanction of Dyllan Hopkins, had observed similar.
Judge Raj Badhesha yet granted the request.
"All further proceedings successful these matters are ordered suspended until the question of the contiguous intelligence competence of the suspect has been determined," helium said.
In the courtroom was the defendant's mother, evidently affectional astatine the show of her lad successful custody. She declined to talk with the media afterward and walked disconnected visibly crying.
Now, a psychiatrist volition find whether the lad she raised is mentally 'competent' oregon 'incompetent' to basal trial.
"You're deemed to beryllium incompetent if you're not capable to recognize what's going connected oregon you're not capable to assistance your defence counsel successful a rational mode owed to a intelligence defect oregon a developmental disability," said Criminal Defense Attorney Mark King, who acts arsenic a ineligible expert for KSEE24 and CBS47.
King, who has served respective clients successful different cases requiring a intelligence evaluation, says if Padavona is recovered incompetent, he'll beryllium administered to a intelligence infirmary and medicated, until, if ever, helium is brought backmost to being competent, and tin basal trial.
At that point, King says his defence would determine whether to equine an insanity defense.
"Insanity is thing that is determined from the clip of the event," King told me. "Was the idiosyncratic capable to recognize the quality of the lawsuit and beryllium capable to separate betwixt close and wrong?"
Padavona volition beryllium backmost successful tribunal for a proceeding connected the valuation connected May 21.
