Second psychologist’s report on Waco capital murder defendant’s competency is inconclusive

WACO, Texas (KWTX) – The findings of a second psychologist asked to determine Nicolas Jaimes-Hernandez’s mental competency to stand trial on capital murder charges were inconclusive due to Jaimes-Hernandez’s belligerence and unwillingness to cooperate, according with the doctor’s report.

“Sir. Jaimes-Hernandez’s lack of cooperation with forensic psychological evaluations during his criminal detention is not sufficient to diagnose the presence of a mental illness or disability that would constitute the basis for lack of competency to stand trial,” Dr. Gilbert Martinez , of San Antonio, wrote in a report to the court.

“Due to their lack of cooperation, specific areas of competence were not adequately assessed, such as the ability to understand the nature or subject matter of the proceeding, understand possible consequences, or communicate with counsel,” the report states.

Lee Carter of Waco, who evaluated Jaimes-Hernandez in June, found him incompetent, writing in a report that he was “severely paranoid, mentally confused, delusional and combative.”

Jaimes-Hernandez, 37, who remains paralyzed from the waist down after being shot by police in the Sept. 29, 2022, incident, is charged with capital murder in the deaths of Monica Aviles, 38, and her teenage children, Miguel Avila and Natália Ávila .

Jaimes-Hernandez lived with Aviles, 38, on South Monroe Street in McGregor and has lived in Texas for about 20 years, his attorney said.

He is also charged with capital murder in the shooting deaths of Lori Aviles and her 20-year-old daughter, Natalie, who lived next door.

Jaimes-Hernandez is also charged with two counts of aggravated assault in the shooting of Jeronimo Olvera Jr. and the attempted shooting of Jeronimo Olvera Sr.

After Carter found him incompetent, McLennan County District Attorney Josh Tetens asked Martinez, who speaks Spanish, to examine Jaimes-Hernandez for the state, thinking the possible language barrier could have affected Carter’s diagnosis, despite the use of a translator.

Before Martinez’s report came back, Judge Thomas West of the 19th State District Court in Waco set a Feb. 10 date for a jury trial to determine his competency in the event Martinez finds Jaimes-Hernandez competent to stand trial.

After learning of Martinez’s inconclusive report, First Assistant District Attorney Ryan Calvert said the DA’s office is considering its options, including asking for a third review.

“Obviously, this case is of paramount importance,” Calvert said. “As the law does not allow any action to proceed in the case until the issue of jurisdiction is resolved, we intend to conduct a careful assessment of what options are available and what the best path to justice in this case will be.”

Tetens has not officially stated whether his office will seek the death penalty in the case.

Clay Thomas, who represents Jaimes-Hernandez with Corsicana attorney Steve Keathley, said after a hearing earlier this month that he is confident through his conversations and interactions with his client that Martinez would agree with Carter’s diagnosis.

Thomas did not return a phone message Wednesday.

Martinez reported to the court that he was unable to reach an appropriate conclusion because Jaimes-Hernandez was “angry, belligerent and did not adequately engage the examiner or answer any questions specific to his mental health or personal history.”

“He also shouted profanities directed at the examiner during both evaluations and did not cooperate with any form of standardized testing or interview,” Martinez wrote.

Carter’s examination revealed that Jaimes-Hernandez lacks the capacity to understand the charges or the severity of the potential consequences; you do not have the capacity to consult your lawyer or assist in your defense; lacks the ability to exhibit appropriate behavior in court; and does not have the capacity to testify.

Officers from McGregor and other agencies responding to the scene reported seeing Jaimes-Hernandez shoot twice at the gray pickup truck he was driving to Olvera’s home. Officers shot Jaimes-Hernandez and reported finding a 9mm handgun and ammunition in the truck before taking Jaimes-Hernandez to the hospital for treatment of his injuries.

He was released from the hospital on October 17, 2022 and remains segregated in the prison’s medical unit.

“Sir. Jaimes does not realize that he is mentally ill and refuses to accept treatment,” Carter wrote in his report. “His medical needs and the depth of his disturbance are sufficiently advanced that he cannot participate in a health restoration program. community-based skills.”

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