The attempted-murder trial of Kekaha resident Mark E. Vargas, 47, was continued Monday, so that mental-health experts can determine his mental fitness. Attorney Erick Moon, representing Vargas, made the request, which was granted by Circuit Court Judge Clifford Nakea. Moon
The attempted-murder trial of Kekaha resident Mark E. Vargas, 47, was continued Monday, so that mental-health experts can determine his mental fitness.
Attorney Erick Moon, representing Vargas, made the request, which was granted by Circuit Court Judge Clifford Nakea.
Moon told the court he only received Veterans Affairs medical records of Vargas on Friday, the day jury selection happened, and noticed while reviewing the records over the weekend that one examiner noted potential “cognitive impairments” in Vargas.
In order to determine the mental competence of his client, which may lead to a not guilty by reason of insanity defense, Moon requested that three mental-health experts examine Vargas and render their opinions about his mental state.
Moon said he originally attributed Vargas’ determination not to accept any plea agreement, and insistence he did nothing wrong, to hard-headedness, not necessarily mental illness.
Vargas had originally pled not guilty to attempted murder charges after being arrested for allegedly stabbing another Kekaha man after an early-November afternoon of drinking and, according to police and prosecutors, in a dispute over $20.
According to prosecutors and police reports, Vargas, who has only one arm, is accused of allegedly stabbing a 59-year-old Kekaha man at the Kekaha low-income housing units, where Vargas lived.
Vargas claimed the victim was bullying him. In earlier court proceedings, Moon said his client was physically incapable of attacking anyone, and that the victim would have had to have walked into any knife.
The unidentified victim suffered injuries in the alleged attack severe enough to warrant him being flown to The Queen’s Medical Center on O’ahu, where he remained confined for several weeks.
Also in earlier court proceedings, District Court Judge Trudy Senda did not find probable cause to charge Vargas with attempted murder, and reduced the prosecutors’ original charge to assault.
But prosecutors took the case to a grand jury, which reinstated the attempted murder charge. Vargas has been in Kauai Community Correctional Center in lieu of $20,000 bail.
Nakea also ordered the jury in the case discharged, since it would be unlikely that the same 12 people would be available several months from now, after the mental-fitness tests are completed.
In the meantime, Vargas remains confined at KCCC.
Staff Writer Paul C. Curtis can be reached at mailto:pcurtis@pulitzer.net or 245-3681 (ext. 224).
