Suspect still awaits sanity evaluation
The Boulder man accused of beating another man to death with a pipe in 2020 was once again ordered to undergo a sanity evaluation after a clerical error resulted in him not being transported to the state hospital.
Zachary Miller, 38, is charged with first-degree murder after deliberation, felony murder and robbery in the death of Christopher Havens, 46.
Miller pleaded not guilty by reason of insanity in December, and he was scheduled for a sanity evaluation at the Colorado Mental Health Hospital in Pueblo.
But at a hearing Friday, it was noted that due to a court clerical error, Miller was not transported to the state hospital.
Given the setback and an ongoing issue with delays and bed space at the state hospital, Boulder Assistant District Attorney Ken Kupfner asked that Miller instead be evaluated at the Boulder County Jail.
Kupfner noted the evaluation could be completed next week and the jail was authorized to do such an evaluation.
But defense attorney Emily Briggs asked that Miller still be evaluated in Pueblo. She noted the age of the case was in large part due to a lengthy competency restoration process, and she also said the state hospital had familiarity dealing the Miller because of that evaluation.
Briggs also said officials believed Miller could be evaluated within a month of when he could be seen at the jail and that the state hospital was better equipped to evaluate Miller.
Boulder District Judge Nancy Salomone noted that nothing had factually changed since her ruling in December aside from a delay that was not Miller’s fault, and so once again ordered Miller to be transported to Pueblo.
Miller did not attend Friday’s hearing, as Briggs said he was anticipating a continuance and waived his appearance.
He is now set for a hearing on May 5.
First-degree murder carries a mandatory life sentence in prison without parole. If found not guilty by reason of insanity, Miller would be held at a state facility for treatment until he was deemed to no longer be a safety threat to himself and the community.
According to an affidavit, police were called to the 2600 block of Walnut Street on Oct. 24, 2020, after Havens was found dead on a mattress outside.
Police said Havens had severe head trauma and was declared dead at the scene. A preliminary examination would later show almost the entire left side of his skull was fractured.
According to the affidavit, police found a bloody pipe as well as blood spatter on the mattress and a nearby tree.
Police had responded to the area the night before for a loitering complaint, and officers said they found Havens there and told him he could not camp in the area.
According to the affidavit, a witness said he was drinking with Havens in the area sometime between 8 p.m. and midnight on Oct. 23, 2020. The witness said at some point a man came out from behind the trees and started attacking Havens with the pipe.
The witness said he eventually tackled the man to stop the attack. According to the affidavit, the witness heard the attacker say something to the effect of “serving” Havens.
After noticing Havens’ pockets were empty, police pulled a warrant for his missing phone and tracked it back to the area of 26th and Walnut streets, and police found Miller in the area with the phone.
Police said Miller had what appeared to be blood on his shoes and coat, and the pattern on his shoe sole matched a footprint found at the crime scene.