FAYETTEVILLE -- A Springdale man charged with capital murder in connection with a 2013 stabbing is still not mentally fit for trial and, according to doctors at the Arkansas State Hospital, he may never be.
Juan Pablo Perez-Lopez, 32, is charged in Washington County Circuit Court in the death of Jesus Cecilio Villalobos, 48, in Springdale on Feb. 13, 2013. Villalobos was stabbed multiple times.
Involuntary commitment
A procedure whereby a person is confined in a mental institution either for determination of competency to stand trial or after acquittal by reason of insanity.
Source: Staff report
Perez-Lopez has pleaded not guilty.
Results of the latest fitness examination performed on Perez-Lopez concluded he continues to suffer from schizophrenia.
"At the time of the examination, Mr. Perez-Lopez lacked the capacity to understand the proceedings against him, as well as the capacity to effectively assist his attorney in his own defense, due to mental disease," according to Dr. Lacey Willett Matthews. "Given my opinion that Mr. Perez-Lopez is not fit to proceed, opinions regarding criminal responsibility are deferred."
Doctors said further efforts to restore Perez-Lopez to competency are not likely to result in significant improvement.
An assessment of how dangerous Perez-Lopez may be was also conducted. He was found to pose a moderate risk of violent behavior if released into the community or a less restrictive setting than the State Hospital.
"This rating is contingent upon his future compliance with treatment," Matthews concluded. "Although Mr. Perez-Lopez has a history of violent behavior and severe mental illness, he has not acted violently in approximately one year and his hallucinations and delusions have responded well to medication. As a result, it is possible that he could maintain stability in a supervised, structured treatment setting. However, if he is released into the community without continued treatment and supervision, his risk for future violence would increase."
Matt Durrett, Washington County prosecuting attorney, said the findings put the case "kind of in perpetual limbo."
"They've been renewing 180-day civil commitments since he's been not fit to proceed, so they'll just keep treating him," Durrett said.
Durrett said Thursday the criminal case against Perez-Lopez has been reset to December 2019 and he has been moved from the State Hospital to a lock-down facility for ongoing treatment. Perez-Lopez will remain in that facility unless he's eventually found to be restored to competency.
"As long as they're still affected with mental disease, they still pose a danger to the community," Durrett said.
The latest examination, at least the fifth, was done in late October. Perez-Lopez was committed to the State Hospital for treatment and restoration for more than two years.
Circuit Judge Mark Lindsay signed the original commitment order at the behest of Durrett. The order said Perez-Lopez is a danger to himself or others and should remain at the State Hospital as long as he remains unfit. Doctors periodically report to Lindsay on his condition.
Perez-Lopez's attorneys notified the judge two years ago they were having trouble working with him. An initial examination at the Arkansas State Hospital found Perez-Lopez fit for trial, but a second examination called his mental fitness into question, and he was again committed for treatment.
A report by Melissa Dannacher, a psychologist at the State Hospital, diagnosed Perez-Lopez with schizophrenia and antisocial disorder. Dannacher was hopeful at the time he could be restored to fitness with continued in-patient treatment and restoration services.
Motorists called Springdale police in February 2013 about two men fighting on Huntsville Avenue and said one of them had a knife and was riding away on a bicycle.
Police found Perez-Lopez on a bicycle with a knife and bloody hands, then found Villalobos in a parking lot with multiple stab wounds to his chest and his throat cut, according to a search warrant affidavit. Perez-Lopez told police he went to Walmart, stole a knife and returned to Latino Tires with the intention of stabbing Villalobos because he thought Villalobos was making fun of and taking advantage of him.
Perez-Lopez said he stabbed Villalobos, an auto mechanic, about 20 times at the business and in the street, according to the affidavit.
Capital murder, if convicted, is punishable by life in prison without parole or the death penalty.
Other cases
At least three other men have been found unfit in high-profile criminal cases in recent years in Washington County.
Raymond Lee Plumlee, 27, of Springdale was acquitted of three counts of attempted capital murder in November 2016 by reason of mental disease or defect because he suffers from schizophrenia and couldn't conform his behavior at the time.
Plumlee was charged with shooting at several law enforcement officers with a 12-gauge shotgun March 15, 2016. Lt. Tion Augustine was shot in the hip and eventually returned to duty.
Doctors at the State Hospital found Plumlee unfit to proceed on three occasions. He has been treated for psychosis since at least 2009, according to court documents.
Lindsay found Plumlee committed attempted capital murder, but mental illness prevented him from appreciating the criminality of his conduct. Plumlee was committed to the State Hospital.
Jeremy Borders, 42, was deemed mentally unfit to proceed to trial in September 2017 in connection with a fatal stabbing, according to a doctor at the State Hospital.
Borders is accused of killing Joe Bob Scarborough, 48, on Nov. 6, 2016. Scarborough was found stabbed to death near the intersection of Old Farmington Road and South Green Point Trace in Fayetteville. Scarborough suffered more than 10 stab wounds, many to his torso and face. Police found Borders covered in blood, with a trail of blood from him to Scarborough, according to a police report. Police also found a knife.
The examination found Borders suffers from schizophrenia and has a history of alcohol use disorder. Doctors recommended inpatient restoration services and a possible medication adjustment in order to treat persistent auditory hallucinations.
Dustin Glenn Price, 29, was found mentally unfit to be tried in February. He pleaded not guilty to two charges of capital murder in connection with the deaths of his parents and multiple other charges.
Police said Theresa Hendershot, 47, called 911 early Aug. 26, 2016, and said her son stabbed her husband at their home in Springdale. Police found the woman dead in the house and James Hendershot, 47, died at Northwest Medical Center-Springdale. The couple had stab wounds and blunt force trauma injuries.
Price then went to a boarding house where he stabbed and injured Daniel Teyhen, police said. Price was arrested while riding a moped in Fayetteville. He is also accused of stabbing and injuring a Washington County jailer with a homemade knife on Dec. 23, 2016.
Doctors concluded Price suffers from a mental disease, unspecified schizophrenia spectrum and another psychotic disorder. He was committed to the State Hospital. Court records show he has a history of criminal activity, including assault, battery and threatening, dating back to 2007. He was committed to the State Hospital more than once and was last released in June 2016.
In May 2010, an attempted capital murder charge was dropped against Archie Butler, 77, after he was found unfit to proceed, deemed a danger to himself and others and committed to a residential care facility.
Butler was charged in the fatal shooting of Velma Duncan at her beauty shop in Winslow on May 8, 2006.
Prosecutors reserved the right to refile charges against Butler should his ability to proceed to trial ever be restored.
NW News on 12/10/2018