Woman charged in Bay Area police officer's death declared mentally incompetent – East Bay Times

A Solano County Superior Court judge reviewed a psychologist's report Monday and ruled that the woman charged with drunken driving in the July killing of Vacaville Police Officer Matthew Bowen was mentally incompetent to stand trial stand.

Therefore, in accordance with Section 1368 of the Penal Code, the criminal case against Serena CJ Rodriguez remains stayed, but Judge Wendy Getty referred the matter to a company that provides mental health services to hospitals, local authorities and courts, MHM Services. It operates a secure facility in Vallejo.

The judge then scheduled a detention hearing for Rodriquez at 8:30 a.m. Nov. 24 in Ward 8 of the Justice Center in Fairfield.

The so-called “1368 doctor’s report” was prepared by Sacramento-based psychologist Janice Nakagawa, who examined the defendant.

It is unclear from the report's findings what MHM Services is likely to recommend to Rodriguez. However, as a rule, defendants who are found to be mentally incompetent, i.e.

Under the law, a defendant found to be mentally incompetent cannot be tried. However, once it is determined that the defendant is competent, further legal proceedings, including a jury trial, may be initiated.

Meanwhile, proceedings remain suspended against Rodriguez, who remains held without bail in the Solano County Jail in Fairfield.