san diego
Balboa Park flashlight assault suspect found mentally competent to stand trial
Criminal proceedings for attack on transgender homeless person reinstated
Published Thursday, 15-Mar-2007 in issue 1003
Following psychiatric testing, the suspect accused of assaulting a transgender person in Balboa Park has been found mentally competent to stand trial, and criminal proceedings have been reinstated.
The attorney for Judah McBreairty, 25, told a San Diego Superior Court judge he doubted his client was mentally fit to understand court proceedings. Consequently, criminal proceedings were suspended until Feb. 28, when Judge Albert Harutunian III found McBreairty mentally competent after reading a doctor’s report.
McBreairty is accused of assault with a deadly weapon, which injured Christopher Espitia, 19, on Jan. 26. The victim was struck four to five times with a foot-long flashlight, resulting in three gashes on his face. He was found beaten and bloody on Balboa Drive and Nutmeg Street. He was treated at a hospital.
McBreairty refused to sign any court papers at his Jan. 30 arraignment when he pleaded not guilty. His attorney told a judge he wanted a mental evaluation on Feb. 8, and it was ordered. Judges are required to suspend criminal proceedings if a defense attorney declares they doubt their client understands the legal proceedings.
A preliminary hearing on March 19 was set. McBreairty faces a maximum term of four years in prison if he’s convicted. He was homeless at the time of his arrest, and has a prior record for possession of illegal drugs. McBreairty remains in county jail in lieu of $25,000 bail.
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