Wednesday, March 1, 2006

Expert says Hershey incompetent

Audry Olmsted El Defensor Chieftain Reporter

The attorney for Brandon Hershey said at his competency hearing last week, that a psychiatrist has declared his client incompetent to stand trial at this time.

Lee Deschamps said that with treatment for drug abuse, Hershey, 27, of Socorro, would be ready to stand trial within 90 to 100 days.

Deputy District Attorney Stacey A. Ward said she would need a few days to look over the doctor's report.

Hershey is charged with one count each of child abuse and possession of drug paraphernalia. The charges stem from when his 5-year-old daughter dialed 911 in January after she could not wake her parents. According to police, it appeared that both Hershey and the girl's mother, Antoinette Riboni, 27, had overdosed on drugs.

Riboni died Jan. 28 of an apparent second overdose.

Hershey is also facing charges of criminal trespass, disorderly conduct and resisting or evading arrest from a Jan. 30 incident.

Deschamps said after the hearing that the District Attorney's office will get a chance now to review the report compiled by the psychiatrist with the Public Defender's Office, and they will most likely go before District Judge Matthew Reynolds again soon to see if the judge declares Hershey incompetent.

In the meantime, Deschamps said, he will begin looking into residential treatment programs for his client.

Hershey is currently being held at the Socorro County Detention Center.

If convicted of the child abuse and possession of drug paraphernalia charges, Hershey could spend up to four years in prison and/or pay a $6,000 fine. If convicted of the criminal trespass, disorderly conduct, and resisting or evading arrest charges, he could spend up to 2-1/2 years in prison and/or pay a $2,500 fine.

Hershey has pleaded not guilty to all charges.

aolmsted@dchieftain.com

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