Update on April 3rd Hearing

The preliminary hearing originally scheduled for April 3, 2009 was continued due to the apparent necessity of a mental evaluation of the defendant. This evaluation will take approximately 3 months and the results will be presented to a judge on July 6, 2009. The Salt Lake Tribune has reported about the evaluation here, or see below:

Accused Killer of Magna Woman To Get Mental Evaluation
By Stephen Hunt

The Salt Lake Tribune

Updated: 04/03/2009 05:37:35 PM MDT


Charles Richard Gunkel -- accused of fatally stabbing his neighbor and one-time girlfriend last August -- is hearing voices, members of his defense team said Friday in 3rd District Court.

Because of concerns about Gunkel's mental status, a preliminary hearing was cancelled and prosecutors agreed he should be evaluated.

A review hearing is set for July 6 before Judge William Barrett.

Gunkel is charged with first-degree felony aggravated murder for allegedly stabbing 51-year-old Morena Molly Robbins five times in the abdomen after forcing his way into her Magna home on Aug. 8.

Prosecutors could choose to seek the death penalty against Gunkel for the slaying.

Kristina Swickard, social services coordinator for Salt Lake Legal Defenders, who represent Gunkel, testified that during a Monday meeting at the Salt Lake County jail, Gunkel appeared psychotic and delusional.

"He is not competent to proceed," Swickard testified. Prosecutor Jennifer Valencia agreed Gunkel should be evaluated.

On Aug. 8, Gunkel went to Robbins' home in Magna and asked the woman's 14-year-old daughter if he could speak to her mother, according to charging documents.

When Robbins refused to see Gunkel, he broke the door and its lock and pushed Robbins into her bedroom and onto the floor, according to charges.

He then sat on top of her, pinned her arms and choked the woman before pulling out a folding knife, charges state.

When the daughter asked Gunkel to stop, he pointed the knife at her and threatened to "cut her too," according to charges.

The girl ran to a neighbor's home and called police, who found Robbins' body in the bedroom with five stab wounds.

Police have said Gunkel may have been jealous over the possibility that Robbins had a new boyfriend.

shunt@sltrib.com

Preliminary Hearing Continued

I just got a call from one of the prosecuting attorneys. She said the defense has asked for a continuance of the preliminary hearing because C. G. is now claiming that he is incompetent to stand trial. The prosecution said they petitioned to deny that claim and think this is just a delay tactic. However, the judge has to make sure that he absolutely is competent so the preliminary hearing will NOT happen tomorrow.