Monday, July 6, 2009

Update on July 6th Competency Hearing

Two reports and Judge William Barrett concluded the defendent IS competent and the preliminary hearing has been rescheduled for September 15, 2009 @ 9:00 am.

An article in the Salt Lake Tribune can be found here or read below:

Judge: Suspect in Magna slaying is mentally competent
Crime » He is accused of stabbing ex-girlfriend five times in the abdomen.
By Ronnie Turner


The Salt Lake Tribune

Updated: 07/06/2009 04:41:18 PM MDT

A man accused of fatally stabbing his neighbor and one-time girlfriend last August at her Magna home was ruled mentally competent to stand trial at a hearing Monday in 3rd District Court.

Judge William Barrett set a preliminary hearing for Charles Richard Gunkel, who is charged with first-degree felony aggravated murder for allegedly stabbing Morena Molly Robbins, 51, in the abdomen five times on Aug. 8.

Gunkel, 53, who could receive the death penalty if found guilty, will appear before Judge Deno Himonas on Sept. 15.

A preliminary hearing had previously been set for April 3, but was canceled after members of Gunkel's defense team said he was hearing voices. Prosecutors agreed to delay the hearing until his mental status had been evaluated.

According to charging documents, Gunkel visited Robbins' home and asked her 14-year-old daughter if he could speak to her mother. When Robbins refused to see Gunkel, he broke down the door and pushed her into her bedroom and onto the floor, documents state.

The documents said Gunkel sat on top of Robbins and choked her before pulling out a folding knife. The documents also said the daughter tried to intervene, but he threatened to harm her, too.

Robbins' daughter ran to a neighbor's home to call police, who discovered her mother's body on the bedroom floor.

Police suspect Gunkel might have been jealous that Robbins possibly had a new boyfriend.


Deseret News article here:

Murder suspect found competent for trial

Published: Monday, July 6, 2009 1:43 p.m.
A man who police say knifed his former girlfriend to death in Magna in 2008 has been found mentally competent to stand trial.

Police say Charles Richard Gunkel broke into the home of Molly Robbins, a second-grade teacher at Wright Elementary School, and killed her. Law enforcement officials also say Gunkel attacked Robbins' 14-year-old daughter, but she managed to flee to a neighbor's house.

Questions about Gunkel's competency were raised by his attorneys. Third District Judge William Barrett on Monday received the results of competency evaluations that said Gunkel is capable of proceeding to trial.

Gunkel, 53, is charged with aggravated murder and aggravated burglary, both first-degree felonies, and aggravated assault, a third-degree felony.

His next court date is a Sept. 15 preliminary hearing before 3rd District Judge Deno Himonas.

— Linda Thomson

Tuesday, June 30, 2009

July 6, 2009 - Mental/Competency Hearing

A Mental/Competency Hearing is scheduled for July 6, 2009 at 9:00 am before William Barrett in the Third District Court, Salt Lake Department, 450 South State Street, Salt Lake City, Utah.

This matter will be part of a calendar and will not necessarily be called right on the hour.

The immediate family is not planning to attend.

Sunday, April 5, 2009

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

Thursday, April 2, 2009

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.

Thursday, March 19, 2009

April 3, 2009 - Special Setting Preliminary Hearing

A Special Setting Preliminary Hearing is scheduled for April 3, 2009 at 1:30 pm before Judge Constandinos (Deno) Himonas in the Third District Court, Salt Lake Department, 450 South State Street, Salt Lake City, Utah. The courtroom is located on the fourth floor of the building, Room S44.

Tuesday, February 17, 2009

Change in Preliminary Hearing Date

The state has requested a continuance of the preliminary hearing. It will no longer be on March 4, 2009, but has been rescheduled on April 3, 2009 at 1:30 pm.

It has also been requested that this be a special setting which makes it the only case the judge will hear on that day.

Tuesday, January 6, 2009

March 4, 2009 - Preliminary Hearing

A Preliminary Hearing is scheduled for March 4, 2009 at 9:00 am before Constandinos Himonas in the Third District Court, Salt Lake Department, 450 South State Street, Salt Lake City, Utah .

This matter will be part of a calendar and will not necessarily be called right on the hour.