Leyba found not competent for trial
Timmy Leyba, 22, who is accused of multiple assault felonies – including breaking into the Magdelena Marshal’s home and beating him – and a series of misdemeanors allegedly committed in March, was recently found not competent to stand trial, his lawyer told El Defensor Chieftain.
Rosa Sanchez Armijo, the contracted public defender for Leyba’s case, said through an evaluation conducted July 9 the medical examiners did not think Leyba could stand trial because of his mental condition.
“He went to an evaluation to determine his competency with (the doctors), and they said he was incompetent to stand trial,” Sanchez Armijo said. As of last Friday, she said Leyba was “in the process of being sent to a Las Vegas, (New Mexico) medical center, and they have nine months to treat him to competency.”
Sanchez Armijo said during the assessment Leyba was hallucinating and extremely hard to communicate with. She said none of the medication he was given was having a significant effect. Sanchez Armijo added she did not know what kind of medication he was given at the time of his incarceration.
“The way the statute reads is they have nine months and they give him all types of medications,” she said. “If he’s beyond treatment, they will do a final report indicating he is not treatable. At that point the court will have a hearing to determine whether he is dangerous and if they find that he is dangerous and incompetent, then they can have him committed and he would just be there.”
Sanchez Armijo said it’s unclear how long Leyba would have to remain in the treatment facility if his condition did not improve, if he would be committed for life or a certain amount of time, but he currently remains at the hospital.
“About 80 percent of the time they usually treat them to competency,” she said. “Then after that, they should determine that he is competent, then we set the trial up for a pretrial conference to see if it can be settled or go to trial.”
Sanchez Armijo said Leyba did have another ongoing case where he has already pleaded, and he was determined competent at that time to stand trial, but she does not know the continuing circumstance of the incident.