Psychologist's second report on Waco murder defendant's competency is inconclusive

WACO, Texas (KWTX) – The results of a second psychologist assigned to determine Nicolas Jaimes-Hernandez's mental fitness to stand trial on murder charges were inconclusive because Jaimes-Hernandez was argumentative and uncooperative, according to the doctor's report.

“Mr. “Jaimes-Hernandez's lack of cooperation with forensic psychological examinations while in custody is not sufficient to diagnose the presence of a mental illness or impairment that would form the basis for a lack of judicial competence,” said Dr. Gilbert Martinez from San Antonio, he wrote in a report to the court.

“Due to his lack of cooperation, certain areas of competence were not adequately assessed, such as the ability to understand the nature or subject matter of the proceedings, understand possible consequences or communicate with a lawyer,” the report says.

Dr. Lee Carter of Waco, who examined Jaimes-Hernandez in June, found him incompetent, writing in a report that he was “severely paranoid, mentally disturbed, delusional and combative.”

Jaimes-Hernandez, 37, who remains paralyzed from the waist down after being shot by police in the Sept. 29, 2022 incident, is charged with the murder of 38-year-old Monica Aviles and her teenage children Miguel Avila Natalie Avila .

Jaimes-Hernandez lived with Aviles, 38, on South Monroe Street in McGregor and had lived in Texas for about 20 years, his attorney said.

He is also charged with the murders of Lori Aviles and her 20-year-old daughter Natalie, who lived next door.

Jaimes-Hernandez is also charged with two counts of aggravated assault in the drive-by shooting of Jeronimo Olvera Jr. and the attempted shooting of Jeronimo Olvera Sr. at a home in the 800 block of Monroe.

After Carter found him incompetent, McLennan County District Attorney Josh Tetens asked Martinez, who speaks Spanish, to examine Jaimes-Hernandez for the state, believing the possible language barrier may have influenced Carter's diagnosis despite the use of a translator could.

Before Martinez's report came back, Judge Thomas West of the 19th State District Court in Waco set a Feb. 10 date for a jury trial to determine his competency in the event that Martinez found Jaimes-Hernandez competent to stand trial.

After learning of Martinez's inconclusive report, First Assistant District Attorney Ryan Calvert said the DA's office was considering its options, including asking for a third evaluation.

“Obviously this case is extremely important,” Calvert said. “Because the law does not permit further action in the case until the jurisdiction issue is resolved, we intend to conduct a careful evaluation of the available options and the best course of action to achieve justice in this case.”

Tetens has not officially stated whether his office will seek the death penalty in this case.

Clay Thomas, who represents Jaimes-Hernandez along with Corsicana attorney Steve Keathley, said after a hearing earlier this month that based on his conversations and interactions with his client, he was confident that Martinez would agree with Carter's diagnosis.

Thomas did not respond to a telephone message Wednesday.

Martinez reported to the court that he was unable to make a proper determination because Jaimes-Hernandez was “angry and belligerent and did not properly engage the examiner or properly answer questions about his mental health or personal history.”

“It was also noted that he yelled profanities at the examiner during both assessments and did not cooperate with any form of standardized testing or interviews,” Martinez wrote.

Carter's investigation found Jaimes-Hernandez to be incapable of understanding the charges or the severity of the possible consequences; is unable to consult his lawyer or assist him in his defense; he lacks the ability to behave appropriately in court; and he lacks the ability to testify.

Officers from McGregor and other agencies who were at the scene reported seeing Jaimes-Hernandez shoot twice from the gray pickup truck he was driving into Olvera's home. Officers shot Jaimes-Hernandez and reported finding a 9mm handgun and ammunition in the truck before taking Jaimes-Hernandez to the hospital for treatment of his wounds.

He was released from the hospital on October 17, 2022 and remains in the prison's medical unit.

“Mr. “Jaimes does not recognize that he is mentally ill and refuses to undergo treatment,” Carter wrote in his report. “His medical needs and the extent of his disorder have progressed to the point where he cannot attend a community-based setting can participate in a program to restore his skills.”

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