Nicolas Guaman Not Competent to be Tried; Judge to Revisit Case

WORCESTER — A Superior Court judge has determined Nicolas Dutan Guaman is not competent to be tried at this time, but has the capacity to understand his case and work with attorneys with the help of the correct interpreter.

Judge Janet Kenton-Walker said Guaman does not have a mental defect or illness, and can learn what he needs to know with the assistance of a qualified, Quechua interpreter. She ordered attorneys to hire a qualified interpreter who speaks his indigenous language, who can work with him on the case.

Kenton-Walker ordered the issue of competency revisited in 60 days, in an order dated Monday and released Wednesday. 

Guaman is charged with second-degree murder and several other felony offenses in the August 2011 death of Matthew Denice, a 23-year-old motorcyclist who police say was struck on Congress Street by Guaman, who then fled.

In her order, the judge found prosecutors had not met the state's burden, showing by a preponderance of evidence that the defendant has "a rational, as well as factual, understanding of the proceedings against him. Most importantly, the Commonwealth has not shown by a preponderance of the evidence that Guaman has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding."

Until recent court appearances, Guaman has had access to Spanish language interpreters. Kenton-Walker found Guaman, who is illiterate in both English and Spanish, cannot communicate effectively with his attorneys. 

"This is something Guaman has not had the opportunity to do," she wrote. "Because of his unique cultural background and, particularly because of his unique language, the court finds that at the present time Guaman has significant intellectual deficits that require a finding that he is not presently competent to stand trial."

In a phone interview, Maureen Maloney, Denice's mother, said she was devastated by the decision.

"I'm devastated by the decision, because it seems to me what she is basing it on is his education level, which I don't feel meets the criteria for mental competency."

Guaman has two years of education in his native Ecuador. How long will it take for him to understand the judicial process in the U.S., Maloney said she wonders.

"We are about two years into this with no signs of a trial in the near future," she said.

The Denice family has attended every hearing in the criminal case against Guaman.

Peter Ettenberg, one of two attorneys representing Guaman, said Wednesday the judge made the correct decision. But he said he is troubled by her order, in which she directs the defense attorneys to hire an interpreter and essentially "make him competent."

"I'm not satisfied in the way the judge wants to try to remedy the situation," Ettenberg said.

Guaman is charged with second-degree murder, manslaughter by motor vehicle, motor vehicle homicide while under the influence of alcohol, reckless endangerment of a child, leaving the scene of an accident causing death, failing to stop for a police officer and operating a motor vehicle without a license.

Denice, 23,  Milford Police say Guaman failed to stop the Ford F-150 after Denice's helmet became lodged in the right front wheel well.

Guaman, 34, is an Ecuadorian citizen who police say has been living in the U.S. for at least seven years.

He found work as a roofer, but told a psychologist who evaluated him that he had not had much work in recent years, following a fall in 2005 from a house under construction that had left him anxious on ladders. His family, including the young boy who was a passenger in the truck that night, was being supported by his wife's work, psychologist Hanya Bluestone testified.

Guaman was arrested on Aug. 20, 2011, following a short pursuit by Milford Police. He is jailed in a Worcester County facility.