Padia not competent to stand trial in father’s slaying
Anthony Padia is not currently competent to stand trial for the suspected second-degree murder of his 65-year-old father, Judge James Boyd decided Tuesday.
He remains at the Colorado Mental Health Institute in Pueblo following a mental competency review, and did not appear at Tuesday’s hearing at the Garfield County Courthouse.
Padia was arrested in December after his father, Leon, was found dead in his bed. Documents say the two were drinking beer the night before in their Silt home and got into a fight.
Padia’s arrest affidavit described him “more like a child than a 27-year-old,” and District Attorney Sherry Caloia said she wasn’t surprised at the finding.
“He went down to the state hospital pretty quickly after he was advised of the charges,” she said.
She clarified that being declared incompetent is not the same as pleading insanity.
“If you’re not competent, that means you don’t understand the proceedings and can’t assist in your defense,” she said. “Insanity is not knowing the difference between right and wrong.”
If Padia’s treatment goes well, he could be declared competent to proceed at his next scheduled appearance on May 26.
Caloia declined to speculate on whether that’s likely.
“When somebody goes into an institution, a lot of times they are taken away from sources of stress, get regular sleep and meals, and are kept away from mind-altering substances. That in and of itself creates a lot of stability that can affect competency,” she said. “If he cannot be restored, there could be a hearing about what happens to him.”
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Colorado Highway 139 is closed between mile markers 12 to 39 both directions, Douglas Pass, due to a wildfire. The fire is putting off a lot of smoke, decreasing visibility.