CORTEZ – Family members of a Cortez murder victim are criticizing a court decision to commit the defendant to a mental-health facility, saying the ruling could put the community in danger if she is released.
Charles Chavez, 62, was murdered inside his home Sept. 19, 2013. He was stabbed seven times with a butcher’s knife.
Defense attorneys and prosecutors relied on a defense-paid expert to reach a deal to have the court rule Valerie Espinoza, 39, was insane and have her committed.
A state psychologist diagnosed Espinoza with a substance-induced psychotic disorder related to years of methamphetamine use. Her psychotic symptoms reportedly dissipated after she was prescribed anti-psychotic, mood-stabilizing medications.
District Court Judge Todd Plewe said mental-health officials in Pueblo ultimately would decide if and when Espinoza would be released. He said the court could impose conditions on her release but that he would “sign off” on the doctor’s orders.
Public Defender Justin Bogan said state lawmakers drew up the laws that decide what is just for people who are declared insane.
In a two-page ruling filed last month, Plewe said Espinoza likely would remain in custody, but she could be released. State mental-health officials previously declared that Espinoza legally was sane to stand trial, but District Attorney Will Furse and defense attorneys relied on a defense-paid expert to reach a deal to have the court rule she was insane.
The ruling stunned family members, the Cortez Journal reported.
“In this case, I strongly feel you have failed us all,” daughter Leah Chavez wrote in a letter to the court. “You have failed your community by making a decision that can ultimately put them in grave danger once Ms. Espinoza is freed back into society.”
Furse read a letter to the court from relatives rebuking the court’s decision Thursday. After reading the letter, Furse indicated remorse, stating, “I personally apologize to the family for leaving them without a sense of justice.”
The victim’s family declined to comment publicly at the hearing. But in letters to the court, family members of the victim described the court’s decision as a “twisted sense of justice” that would scar and haunt them forever.
“I speak on behalf of my entire family when I say I am disgusted and terrified of such a broken and erring judicial system that would leave us so vulnerable,” Leah Chavez wrote. “It’s simply beyond reason.”
