An Ignacio man suspected of beating his stepfather to death with a 5-gallon propane tank has been restored to mental competency, meaning he is fit to stand trial, a judge ruled Wednesday.
Richard Silva, 31, is charged with second-degree murder for the death of Clayborn Scott, 55.
Sixth Judicial District Judge Jeffrey Wilson deemed him incompetent to stand trial in January based on evaluations done at the Colorado Mental Health Institute in Pueblo.
Dr. Rose M. Manguso, a psychologist at the hospital, said Silva appeared psychotic in December. He seemed paranoid and suspicious toward staff members and other patients, she said.
He muttered under his breath, was delusional and acted aggressively in some instances, Manguso testified Wednesday in court.
Doctors found no evidence he feigned psychosis.
He was given a regimen of medications that eventually stabilized him, she said. The medications were decreased, and when they became too low, he again became psychotic and delusional, she said.
As long as he takes the proper medications, he should be competent to stand trial, meaning he understands the proceedings and the charges filed against him, Manguso said.
Public defense lawyer Justin Bogan asked Wilson not to restore Silva to competency, saying it may be too soon, and the decision is based only on the most recent psychological evaluation.
But Assistant District Attorney Christian Champagne asked the judge to accept the most recent report and keep Silva in jail, where there is structure and he will be kept on medications.
Wilson said Silva’s demeanor Wednesday in court appeared much better compared with late last year when he became combative, made obscure statements and had to be forcibly restrained by deputies.
Silva is accused of beating his stepfather with a 35-pound propane tank May 8, 2012, in a house they both lived in about four miles north of Ignacio and three miles east of Oxford.
Silva was supposed to be at home caring for his stepfather, who suffered from a brain injury caused during a motorcycle accident several years ago.
His mother arrived home to find Silva walking along on the side of the road. He mumbled something and kept walking.
His mother found her husband bludgeoned to death on the floor next to his bed. The propane tank was sitting in the bathroom shower with the water running.
Family members have told investigators Silva suffers from post-traumatic stress disorder after military service in Afghanistan.
Defense lawyers likely will say Silva is not guilty by reason of insanity. If so, Silva will be sent back to the state mental-health hospital where doctors will evaluate him and form an opinion about whether he was insane at the time of the incident.
If the case goes to trial, jurors could then listen to their testimony and decide whether Silva committed the offense and whether he was insane at the time of the incident.
If he is found guilty by reason of insanity, he would be committed to the mental-health hospital to serve the duration of his sentence. Or he could petition to be released, but doctors would need to agree that he is no longer a threat to society.
shane@durangoherald.com
