Two experts say [drunk illegal alien] driver in Denice crash case is not competent to stand trial

Milford Daily News ^ | Jun 28, 2012 | Derek McLean

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Two mental health clinicians have determined that Nicolas Dutan Guaman, charged with killing a Milford man with his truck last year, is not competent to stand trial, Guaman’s lawyer told a Worcester Superior Court judge yesterday.

Guaman was evaluated Friday by neuropsychologist Paul Spiers who was hired by the defense; and yesterday by court-appointed psychologist Alan Schonberger, said attorney Peter Ettenberg. While neither doctor has filed a report, both claim that he is incompetent, the attorney told Judge Daniel Wrenn.

Ettenberg said that his client does not understand the charges against him or how the court and U.S. legal system work.

“He does not answer questions in a reasonable way,” said Ettenberg who claims Guaman has a second-grade Ecuadorian education and may be mentally challenged.

“I think he has some cognitive issues,” he said.

Ettenberg said he hopes a full report by the doctors will be available at the case’s next hearing at Worcester Superior Court on July 23.

Guaman has been charged with driving drunk and without a license when his pickup truck struck and killed 23-year-old Matthew Denice of Milford last summer.

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This illegal had been arrested multiple times prior to murdering Matthew Denice.

FR article about the killing from last August:

Police say Nicolas Guaman, 34, an illegal immigrant from Ecuador who had his 4-year-old with him in the truck, was drunk when he ran a stop sign and hit Denice’s motorcycle. They say Guaman continued slowly weaving his way around the corner of Congress and Fayette, then onto West Street, and later Bancroft Avenue.

[Denice] was dragged a quarter of a mile and “was alive for most of it”.

from another article:

The family of Matthew Denice, who attended the hearing, said they do not believe that Guaman is mentally incompetent, and said they were discouraged by this turn in the case.

Michael Maloney, Matthew's stepfather, noted that Guaman had provided for his family for seven years in the U.S. "I have a hard time finding an argument that he's not competent to stand trial."

At one point in the hearing, Travers referred to Matthew Denice by name, drawing a reaction from Yupangui that indicated she didn't know who he was talking about.

A reporter for New England Cable News Network asked Maureen Maloney, Matthew's mother, about this moment: "It's just another stab in the heart," Maloney said, outside the courthouse. "She obviously knows my son's name. To disrespect him like that, is very painful."

[FlingWingFlyer]

Ummmm. He’s an illegal and is in the United States of America. He doesn’t sound incompetent to me. Are they saying that sneaking into Barry’s America is so easy a retard can do it?

[HiTech RedNeck]

Maybe he was coyote’d in. The easy part was when he crossed into the USA. Getting into Mexico, a bigger challenge.