The executive director of the Utah Department of Corrections this morning requested a mental competency evaluation for death-row inmate Roberto Arguelles, a move that could delay this month's scheduled execution.
Corrections Department Executive Director Mike Chabries said in a statement this morning that his department has been involved in "an assessment" of Arguelles for the past few weeks. As a result of that assessment, Chabries determined it was his duty to ask 3rd District Judge Michael Burton for a competency evaluation, according to the statement.
If Burton agrees to the evaluation, "it will definitely delay the execution," said Utah Attorney General Chief Deputy Kirk Torgensen. The execution is scheduled for June 27 by firing squad.
Neither Torgensen nor the Corrections Department would comment on the reason a request was made for a competency evaluation.
But during a May 1 court hearing, Arguelles exhibited bizarre behavior. He was removed from the courtroom three times for shouting profanities and continuously coughing and spitting. He also made continuous incoherent ramblings, saying his heart had stopped and asking to be taken to the hospital because he had broken bones and prison food made him ill.
Last week, attorney Ed Brass, Arguelles' court appointed standby counsel, filed several motions, including one asking for an evaluation of Arguelles' mental competency. Arguelles was deemed mentally competent after his most recent competency evaluation in May 2000.
"I'm relieved," Brass said of Chabries' request. Brass said he believed the request will make it "fairly likely" the execution will be delayed. A competency evaluation normally takes between 30 to 60 days to complete.
Brass, however, does not actually represent Arguelles and may not even have legal standing to file his motions.
A court hearing in the case is scheduled for Wednesday.
Arguelles, 41, was convicted and sentenced to death in 1992 for the rape and murders of four Utah women.
Last week, 6th District Judge David Mower stayed the scheduled June 28 execution of Troy Kell. Kell was also scheduled to die by firing squad.
E-MAIL: preavy@desnews.com