The Denver Post
Murder suspect to undergo competency evaluation
The 95-year-old man accused of shooting and killing a Lafayette assisted living facility employee is undergoing an evaluation after attorneys raised issues about his competency.
Okey Payne was charged with first-degree murder after deliberation in the death of Ricardo MedinaRojas, as well as two counts of felony menacing.
Court records show that on April 26, attorneys filed a motion requesting that Payne’s competency be evaluated, and a judge ordered a mental health stay on the case until it can be determined if Payne is competent enough to assist in his own defense.
If Payne is found incompetent to proceed, he will continue to be held at a facility until he can either be restored to competency or a judge rules it is unlikely he will ever be fit to stand trial.
Payne remains in custody without bond. He is set for a review hearing on May 26.
First-degree murder is a Class 1 felony that carries a mandatory life sentence in prison without the possibility of parole if Payne were to be convicted.
Police were called to Legacy Assisted Living, 225
Waneka Parkway, at 7:15 a.m. Feb. 3 for a reported shooting.
Officers responded, took Payne into custody and found a small handgun.
Medina-Rojas, a 44-yearold maintenance employee, was transported to Good Samaritan Medical Center and initially placed on life support, but he was pronounced dead that afternoon, according to the affidavit.