The Mercury News

Skyline double murder suspect ruled mentally incompeten­t

- By Fiona Kelliher fkelliher@bayareanew­sgroup.com

The trial of a Skyline Boulevard double murder suspect has been put on indefinite hold after a judge ruled him mentally incompeten­t.

Pacifica resident Malik Dosouqi’s fate has been up in the air since July, when two courtappoi­nted doctors were asked to evaluate the 26-year-old’s mental fitness to stand trial for two back-to-back June murders. In October, doctors concluded Dosouqi mentally unfit, a characteri­zation San Mateo County Judge Robert Foiles backed on Friday.

The ruling clears the way for Dosouqi to be transferre­d to a state hospital for treatment and pushes off a trial indefinite­ly.

“He’s exhibited serious mental health problems, including hospitaliz­ations, repeatedly in recent years,” said District Attorney Stephen Wagstaffe, who said the decision came after careful reviews of the doctors’ reports last week. “Hopefully not within too long we’ll have him restored to competency and can prosecute.”

The determinat­ion caps a dramatic case that began last summer on a quiet stretch of Woodside’s Skyline Boulevard. On June 18, taxi driver Abdulmalek Nagi Nasher, 32, was stabbed to death on the deserted road, followed the next evening by the stabbing death of John Sione Pekipaki, 31, a tow truck driver allegedly lured to the same area with a fake phone call for help.

Questions about Dosouqi’s mental fitness arose almost immediatel­y when he laughed through parts of the trial and at one point requested to represent himself, prompting Foiles’ request for an evaluation.

Even after the results of the doctors’ evaluation­s came back several weeks ago, the prosecutio­n considered ordering a third evaluation because it was “such a serious case,” Wagstaffe said at the time.

But the reports showed an in-depth history of mental illness, Wagstaffe said, rendering the third report unnecessar­y.

On Dec. 13, the court will decide which state hospital to send Dosouqi; he will remain in custody on no bail until then.

Of the San Mateo County defendants that are declared mentally unfit, Wagstaffe estimated that around two-thirds ultimately stand trial after receiving treatment and reversing the determinat­ion.

Family members for victims Nasher and Pekipaki could not immediatel­y be reached via phone. Wagstaffe described their reaction to the determinat­ion as disappoint­ed but accepting of the circumstan­ces.

“I’m cautiously optimistic that we will someday be able to bring him to justice,” Wagstaffe said.

Newspapers in English

Newspapers from United States