Man charged with murdering Tres Piedras man found incompetent again
Case now five-and-a-half years old
According to a competency hearing last Tuesday (Jan. 3), Damian Herrera was again found incompetent to stand trial in the final killing in a shooting spree he was charged in five and a half years ago.
Eighth Judicial District Judge Jeffery Shannon deemed Herrera mentally incompetent and ordered him be sent to the New Mexico Behavioral Health Institute (NMBHI) in Las Vegas. According to Undersheriff Jerry Hogrefe, Herrera refused to leave his cell at the New Mexico Department of Corrections. However, according to a court order published Tuesday (Jan. 9), “the presence of the defendant was not required because he would not be providing testimony.” A determination of competency requires that state behavioral health experts find the defendant is capable of understanding the charges he or she faces and court proceedings, however.
According to the same document, his time at the Behavioral Health Institute will not exceed nine months. Within Herrera’s first 30 days at NMBHI, the New Mexico Department of Health will be required to provide an evaluation on Herrera’s susceptibility to treatment and probability of attaining competency. After 90 days, Herrera is to undergo another competency hearing.
Even if Herrera is found mentally competent, he is ordered to spend the trial period at NMBHI, only leaving the institution once the trial is concluded.
Herrera’s incompetency was officially determined by Dr. Maxann Schwartz, whose services were employed in December to complete a psychological evaluation of the defendant.
Herrera was charged with four first-degree murders in Rio Arriba County. He was found guilty on all four counts a year ago and was sentenced to four life sentences. The final homicide charge took place in Taos County and is being tried separately. However, this trial continues to experience delays as Herrera is continually found mentally incompetent.
The Taos County Sheriff’s Department has been ordered to transport Herrera to NMBHI.