Guaman Competency Hearing Rescheduled

Scheduling conflicts at Worcester Superior Court have prompted another delay in the competency hearing for Nicolas Dutan Guaman.

Guaman is charged in the 2011 death of Milford resident Matthew Denice. Guaman faces charges including second-degree murder, manslaughter while driving a motor vehicle, motor vehicle homicide and leaving the scene after a collision causing death.

His competency to stand trial has been questioned by a medical expert hired by his attorneys, Peter Ettenberg and Stuart Hurowitz.

The medical expert hired by defense attorneys has found Guaman is not competent, and turned in a report describing that finding. Another medical expert, appointed by the court, did not find him not competent, according to attorneys.

Superior Judge James Lemire has ordered a competency hearing, in which experts will testify as to whether Guaman, a 35-year-old laborer, understands the case against him, and meets other criteria for competency. The hearing initially was scheduled on Oct. 25, but has been delayed twice.

According to an order from Lemire, the legal threshold is this: "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him.'