The homicide case towards a 96-year-old man accused of killing an assisted living employee has been dismissed after docs stated it was unlikely he would ever be match to face trial.
Okey Payne had been charged with first-degree homicide after deliberation within the dying of Ricardo Medina-Rojas, in addition to two counts of felony menacing.
However protection attorneys filed a movement to dismiss the case, citing medical opinions stating it was unlikely Payne would ever be restored to competency. Prosecutors didn’t object to the movement to dismiss in their very own response.
“The defendant dedicated an unjustified, brutal homicide,” the response learn. “Given his age, psychological situation, and competency standing, the Folks can’t disprove the determinations by the docs.”
Payne will now be admitted to a safe unit on the Colorado Psychological Well being Institute at Pueblo.
Payne was deemed incompetent to proceed on Aug. 17, and docs on the time expressed some doubt that his situation would enhance, noting “Payne’s scenario is exclusive due to his delusions, superior age and refusal to take part in testing.”
“Mr. Payne has proven indicators of dementia, reminiscent of short-term reminiscence impairment, points with time orientation, and difficulties with govt functioning,” prosecutors wrote of their response.
Docs additionally added “the minimal potential advantages of forcing remedy don’t outweigh the dangers and the unwanted effects of the remedy.”
At a listening to Wednesday, Boulder District Decide Thomas Mulvahill formally dismissed the case towards Payne, who didn’t seem for the listening to.
Boulder County District Lawyer Michael Dougherty stated on the listening to that the household of Medina-Rojas and the menacing sufferer, an worker on the facility, all believed this was going to be the seemingly consequence of the case.
“They expressed their understanding for what was taking place right here,” Dougherty stated, who added that the household of Medina-Rojas was specializing in the recollections of their cherished one quite than the legal course of.
The taking pictures occurred at Legacy Assisted Residing, 225 Waneka Parkway, on Feb. 3, 2021.
Medina-Rojas, a 44-year-old upkeep worker, was transported to Good Samaritan Medical Heart and initially positioned on life help, however he was pronounced lifeless that afternoon, in response to an affidavit.
Police imagine the taking pictures occurred within the foyer and that Payne additionally pointed the gun at two different individuals within the constructing earlier than he returned to his room, the place he was later taken into custody.
Payne advised police within the interview that he believed employees of the Legacy, together with Medina-Rojas, have been working together with his ex-wife to steal from him. Payne advised police employees have been stealing payments from his pockets and forging checks in his title.
Each Lafayette police and Grownup Protecting Companies had beforehand investigated Payne’s complaints however discovered the allegations have been unsubstantiated.
In response to latest motions, Payne expressed comparable delusions concerning workers on the state hospital.
