by Bryan Gibel
Daily Lobo
The competency hearing was delayed for a man accused of attacking more than 20 Indian students on and around campus.
Turan Johnson, 34, attended a hearing at Albuquerque Metropolitan Court on Wednesday to determine whether he is mentally competent to stand trial for battery charges.
Ruling on the case was postponed because Johnson did not get a psychological evaluation before the hearing, Judge Victor Valdes said.
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Johnson was supposed to be evaluated in October, but that was delayed because of scheduling problems, said Anne Marie Mudge, Johnson's attorney. An evaluation is set for the middle of December.
Johnson will be held in a mental health unit at the Bernalillo County Detention Center until his next competency hearing in January.
Valdes said Johnson will face three criminal misdemeanor counts of battery if he is found competent for trial.
"Oftentimes, people don't even understand what's right or what's wrong," he said. "A full evaluation was ordered. He's going to be in jail for at least two months."
Valdes said the district attorney's office has two options if Johnson is found incompetent: It can seek a civil commitment to have him placed in a mental health facility, or have him pursue treatment and mental counseling services from the state.
"If he is found not competent, the court ordered the parties to look into getting him services to make sure he doesn't put himself or others at risk," Valdes said. "It seems something is not quite right. Let's see if we can get him the help he needs."
Matt Page, an attorney from the district attorney's office, said the prosecution won't decide which option to pursue until the court rules whether Johnson is fit for trial.
During the hearing, Johnson disrupted the court's proceedings to ask to be released from custody.
"I kicked a guy in the butt, sir," he said. "I came to court today, and I'm not bullshitting, sir. Can you release me?"
After Valdes said Johnson would be held for further evaluation, he interrupted again and was escorted out of court.
The district attorney doesn't usually pursue psychiatric commitment for people found incompetent to stand trial for misdemeanor battery charges, said Janet Blair, a spokeswoman for the court.
But it may be possible in Johnson's case because he faces multiple charges, and they may involve hate crimes against Indians, Blair said.
She said Johnson has faced more than 20 cases of various charges at Metropolitan Court.
In September 2006, he was found incompetent to stand trial, and charges were dropped for improper handling of fire and criminal damage to property, she said.
Johnson also faced charges in May 2007 for obstructing public movement, but they were dropped because of incompetence, Blair said.
She said there were similar cases where individuals faced multiple misdemeanor charges that were dropped, and they faced more serious charges later.
"This is a problem in our community, because there are very few options in terms of treatment, counseling and institutionalization," she said. "It's a very complicated thing to commit somebody."
It was reported four years ago that Duc Minh Pham, a mentally ill transient, shot a police officer in the head after he wrestled her to the ground and took her gun.
He then fired the gun in the air repeatedly, and police shot and killed him. It was reported that Pham had a long record of criminal misdemeanor charges that were dismissed because he was found incompetent to stand trial.
Blair said the district attorney should try to make sure something similar doesn't happen with Johnson.
"It was simple battery this time," she said. "But what happens if he gets a gun and it turns into a felony?"
