On Thursday, Stanislaus County Judge Thomas Zeff ruled that Pedro Vicente Aguirre, 36, is incompetent to stand trial for the 1999 kidnapping and rape of a 3-year-old girl.
The case was suspended and Aguirre will be sent to Napa State Hospital for psychological treatment.
On Oct. 24, 1999, Aguirre forced his way into a Modesto home, beat the 34-year-old father and the 26-year-old mother with a tire iron, and abducted their young daughter, according to court documents.
The girl was taken to an orchard, where she was repeatedly raped until two people came by and chased Aguirre from the scene.
While both parents were hospitalized for "major blunt-force head trauma," the little girl required surgery to repair the injuries suffered during the rape.
Aguirre fled to Mexico after the attack, and was arrested in Guadalajara in 2012. Mexican authorities extradited him to California last October.
Aguirre was charged with two counts of attempted murder, forcible aggravated sexual assault of a minor, kidnapping to commit rape, committing a forcible lewd act on a child younger than 14, burglary and child endangerment.
Though Judge Zeff sided with Aguirre's defense attorney Peter Stavrianoudakis, who claims his client has a "ricocheting bullet of thought stream," and is not competent to aid in his own defense, not everyone agrees...
The Modesto Bee reported:
Deputy District Attorney Annette Rees argued that Aguirre has difficulty expressing himself because he speaks only Spanish, has a third-grade education and is under stress.
"You have zero evidence that Mr. Aguirre suffers from a severe mental disorder," Rees said in her closing argument.
Also, forensic psychologist Phil Trompetter examined Aguirre and concluded that the defendant testified that Aguirre has no delusions, nor has he made any incoherent statements and understands the serious nature of the charges against him.
In May, a jury decided that Aguirre was competent to stand trial.
However, following a courtroom outburst in Spanish, Judge Zeff decided to re-examine the matter of mental incompetence.
While Aguirre's attorney claims his client was mentally ill at the time he committed the brutal home invasion, resulting in the rape of a child, the illegal alien was in fact, aware enough of his circumstances that he ran from the crime scene, when confronted.
Aguirre also understood that he could spend the rest of his life in prison, which is why he ran back to Mexico to escape justice in this country.
In conclusion, yet another family has been permanently wounded as a result of our open border with Mexico, and it is now likely that this illegal alien will never be punished for his unspeakable crimes.
The citizens are no longer in control of this nation...the rule of law is no more.