Man who allegedly bit out son's eye is declared mentally incompetent
| Tuesday, Aug 25 2009 12:04 PM
Last Updated Tuesday, Aug 25 2009 06:28 PM
Images
Henry A. Barrios / The Californian Angelo Vidal Mendoza at a previous court hearing.
Henry A. Barrios / The Californian Angelo Vidal Mendoza in court. He is accused of biting his four-year-old sons eyes causing blindness in one eye and severely damaging the other eye.
Handout photograph of Angelo Mendoza Jr. courtesy of KBAK TV
Related Stories:
- Doctor says man who allegedly bit out sons eye not competent to stand trial, judge orders second opinion
- More than $24,000 raised for boy whose eye was bitten out
- Angelo can see!
- Police went to Angelo Mendoza’s apartment shortly before he attacked, blinded his son
- Blinded boy case: Police found drug residue in baby's crib in 2006
- Bakersfield dad accused of biting out son's eye
Angelo Mendoza Sr., accused of biting out his son’s eye, is not competent to stand trial, a judge ruled Tuesday.
That means the 34-year-old defendant will likely go to a state hospital until he becomes competent or he has further hearings on whether he can be kept in custody.
He is charged with mayhem and torture in an April 28 attack on his 4-year-old son, Angelo Mendoza Jr. The boy was blinded in both eyes, but regained sight in his right eye within a few weeks. He has been staying in a foster home, although his mother and two of the senior Mendoza’s brothers are seeking custody. He is reportedly doing well.
The finding by Judge Michael Bush came after a psychologist found in July that Mendoza was not competent. Later a psychiatrist made the same finding. A hearing was set Sept. 22 on where to place Mendoza.
He can be sent to a state hospital, typically Patton State Hospital, for up to three years. The hospital staff treats patients in an effort to restore competency.
If that doesn’t happen, then Mendoza would have annual court hearings on his status, that could result in confining him for the rest of his life.
He could also be released if a judge rules he is not a substantial danger to others.
A finding of mental incompetency means Mendoza cannot understand the nature of the charges against him and he cannot help in his defense. It is different than being declared insane at the time of the offense.
The doctors reports are confidential and the attorneys on the case are under court order not to comment.
But Deputy Public Defender Richard Terry has said in court that Mendoza was unable to communicate with him in June, possibly due to problems with his medication. He takes medication for paralysis — a condition he’s had for several years after he was stabbed in a robbery attempt — and to control seizures.
On June 16, Mendoza appeared lucid in court and answered questions from a judge in a strong voice. But a week later, Terry told a judge that Mendoza wasn’t able to talk at all.
Because of the medication issue, Prosecutor John Lua wanted Mendoza to be examined by a psychiatrist who is also trained as a medical doctor.
Dr. Luis Velosa, a psychiatrist, was appointed in July and it was his report that was reviewed Tuesday. The earlier report was from Carol Hendrix, a psychologist.
Bakersfield police have reported that Mendoza told officers he had stopped taking his prescription medication before the attack on his son. He told police he felt anxious and was seeing things that weren’t there.
After the attack, Mendoza rolled his wheelchair to a backyard of a vacant home and cut his own legs with an ax and a broken ceramic plate.
