BENTONVILLE — Circuit Judge Jon Comstock has decided not to hold a hearing to decide whether a murder suspect should be acquitted because of mental illness.
Sergio Morales-Carrera is charged with capital murder, which is punishable with life imprisonment or the death penalty. He was arrested July 18, 2008, in connection with the killing of Veronica Robles.
Chief Public Defender Jay Saxton, representing Morales-Carrera, filed a motion seeking an acquittal due to Morales-Carrera having a mental disease or defect.
Saxton’s motion states Dr. Pablo Stewart did a mental health evaluation of Morales-Carrera and found Morales-Carrera incompetent to proceed with the legal case. Stewart found Morales-Carrera suffered from a severe psychotic disorder preventing him from assisting in his defense.
Morales-Carrera also had been found unfit during an evaluation at the Arkansas State Hospital, according to Saxton’s motion. Morales-Carrera was sent to the State Hospital on at least two occasions to restore his fitness to stand trial.
Comstock scheduled a hearing on the issue for Dec. 4. However, Van Stone, Benton County prosecutor, filed a motion stating the hearing seeking an acquittal wasn’t proper procedure and was more appropriate of an issue for a jury trial.
Comstock issued a written ruling Nov. 15 agreeing with Stone. Comstock’s opinion also stated Saxton also agreed with Stone. Comstock canceled the acquittal hearing. Morales-Carrera is scheduled to appear in court Dec. 4 for a pre-trail hearing.
Morales-Carrera is being held without bond in the Benton County Jail.
Robles was shot and killed at her home at 2606 Graham Drive in Rogers, where Morales-Carrera had been living. Robles was married to Morales-Carrera’s cousin. Morales-Carrera was arrested two days later.