Anthony Padia will undergo a Colorado Department of Human Services evaluation to determine if he’s competent to stand trial for the suspected second-degree murder of his 65-year-old father, Judge James Boyd decided on Tuesday.

Leon Padia, 65, was found dead in his bed in Silt last week after fighting with his son the night before. Anthony Padia, 27, was arrested two days later. Documents say he and his father were drinking beer the night before and got into a fight.

Deputy District Attorney Scott Turner moved to address Anthony Padia’s competency during an advisement hearing Monday, and public defenders Sara Steele and Elise Myer supported the move.

“Anthony has some mental issues and acts more like a child than 27 years old,” his arrest affidavit notes.

The assertion was somewhat born out in court on Tuesday.

“Hey, how you doing, man?” he said in greeting Judge Boyd. “You can call me Tony or Anthony.”

He later closed his eyes and appeared to fall asleep before being led from the courtroom.

Official filing of charges is scheduled for Dec. 30, although Padia may already have been transferred to the Colorado Mental Health Institute in Pueblo by then.

The court will then allow at least 60 days for an evaluation before Padia returns for a review on March 10.

Padia’s criminal record is short. He was convicted in 2007 of driving under the influence, and a 2009 criminal mischief case was dismissed.

If he goes to trial, Padia’s will be the only Garfield County murder case stemming from a 2014 death.

Charges were dropped against James “McCabe” Mallin in the death of his girlfriend, Audrey Lowndes, and none were filed against State Trooper Shane Gosnell after he shot and killed Thomas Ornelas while defending a fellow trooper after Ornelas opened fire.