Register | Forums | Log in

Young teen not competent to stand trial on rape charge

Published: Friday, June 26, 2009 at 11:53 a.m.
Last Modified: Friday, June 26, 2009 at 11:53 a.m.

A 13-year-old boy accused in a gang rape of a 15-year-old Santa Rosa girl is not yet competent to stand trial, a juvenile court judge decided Friday.

Judge Allan Hardcastle left the door open to try the boy at a later date, however, should his mental abilities increase.

He is accused, along with a relative, Salvador Armando Rivas, 18, and two other adults, Oscar Anibal Magana-Aristando, 20, and Alejandro Corado, 30, of the alleged April 6 kidnapping and rape.

Police said the four forced a girl into an SUV as she was walking from a friend’s house to a relative’s residence between 7:30 and 8 p.m. in northwest Santa Rosa. They are believed to have driven her from the Dutton Avenue and Coffey Lane area to Comstock Middle School, where she was raped and assaulted.

The adults have pleaded not guilty.

Three court-ordered mental health evaluations have determined the boy is developmentally disabled and unable to understand court proceedings.

The boy, who The Press Democrat is not identifying because of his age and mental capacity, will remain in Juvenile Hall at least until July 24 when he is expected in court for another review of his mental status.

A doctor with the North Bay Regional Center, a private nonprofit group that provides diagnostic services to people with developmental disabilities, said the boy could benefit from working with special education teachers with training in educating developmentally disabled youth about the court process.

Hardcastle asked probation officials to find such a person to work with the boy before the July court date.

Families of both the boy and the victim were in court Friday. The boy’s family left immediately following court proceedings to visit with him.

The victim’s family was pleased with Hardcastle’s decision to try to bring the boy to trial.

“I absolutely feel the judge is in favor of going to trial,” the victim’s grandmother said. “He understands the severity of the case.”

She also said keeping the boy in custody and helping him to achieve competency would benefit the boy and the case.

All rights reserved. This copyrighted material may not be re-published without permission. Links are encouraged.

Comments are currently unavailable on this article

▲ Return to Top