A judge in Chittenden County determined this week that a man with a meat cleaver in 2017 is not competent to stand trial.
The latest ruling in the delays the court proceedings until Aita Gurung is deemed fit to stand trial. Attorney General TJ Donovan said Friday his office is still committed to prosecuting the case.
, Judge Samuel Hoar wrote that, based on the evidence presented to the court, Gurung 鈥渓acks either factual or rational understanding of the proceedings against him, due to his mental illness.鈥�
Gurung鈥檚 public defender Sandra Lee praised the ruling and said it affirmed concerns she raised when the case was .
鈥淢r. Gurung's very serious mental health condition has never been contested, so ... it's not surprising that being placed in jail had a negative effect on his mental health,鈥� Lee said in an interview Thursday.
Attorney General TJ Donovan said he wasn鈥檛 surprised by the ruling.
鈥淚t鈥檚 a dynamic condition, it can change,鈥� Donovan said. 鈥淎t the appropriate time, we鈥檒l ask the court to re-evaluate it.鈥�
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Murder charges against Gurung were after Chittenden County State鈥檚 Attorney Sarah George determined she could not rebut claims that Gurung was legally insane when the alleged crime occurred.
But in September, Donovanafter a request from Republican Gov. Phil Scott.
The governor raised public safety concerns about three cases George dismissed, including the one against Gurung. Donovan, a Democrat who is , agreed to review all three cases. On Friday, Donovan said reviews of the were still pending.
After charges were refiled, Gurung was . Judge Hoar, in his ruling, noted that prior to the AG refiling charges, Gurung鈥檚 condition appeared to be improving, 鈥渙nly to be reversed by the bringing of these charges and his subsequent incarceration.鈥�
Hoar also said that his observation was not meant as a criticism of the state or the Department of Corrections.
Donovan defended his handling of the case: 鈥淚鈥檓 not sure I鈥檝e created this situation. This was a murder charge, this was a woman who was brutally killed with a meat cleaver. And our system of justice, in my opinion, requires us to go through a criminal proceeding.鈥�
A hospitalization hearing is scheduled for January 13 to determine if Gurung should be moved back to a treatment facility. Though the case is currently on hold, trial proceedings could start again if the court determines Gurung鈥檚 mental health has improved.
鈥淭he presumption is that at some point, possibly Mr. Gurung will be competent again with the appropriate care,鈥� said Lee, the public defender. 鈥淪o, it鈥檚 not a case where the matter is definitely finished.鈥�
