Suspect in Ann Morrison Park killing found temporarily incompetent to stand trial
Evaluators have found that the 27-year-old accused of killing a man in Ann Morrison Park last month is temporarily incompetent to stand trial due to mental illness, and he has been committed to be restored to competency.
Andrew Ray Garcia is accused of killing 43-year-old Roque Leon Arellano, of Boise, by hitting and stomping on the victim. On Wednesday, a judge ordered Garcia to be remanded to the custody of Department of Health and Welfare until he can stand trial.
Earlier this month, Ada County Magistrate Judge Daniel Steckel ordered a competency evaluation to determine whether Garcia was mentally fit. The evaluations are done anytime there’s question around whether a defendant can understand proceedings and assist in their own defense.
On Tuesday, the prosecutor’s office filed a motion asking the judge to declare Garcia “dangerously mentally ill” and commit him for treatment. Judge Steckel’s order did not deem Garcia “dangerously mentally ill,” but the judge wrote that it was his preference that Garcia be held at the Ada County Jail until his Dec. 11 hearing.
Garcia is charged on suspicion of second-degree murder, grand theft and destruction of evidence. According to a criminal complaint, he’s accused of “hitting, kicking and/or stomping on Arellano’s head and/or face from which he died.”
Authorities previously reported that Garcia is homeless. Garcia’s grand theft charge (possessing stolen credit cards) stems from alleged incidents that are not connected to Arellano’s death. The individual from whom the cards were stolen is also homeless.
Arellano was found dead in the park the morning of Oct. 17. It’s still unclear how the victim and the suspect might have known each other.
Because Garcia was found temporarily incompetent, he could be moved to another facility for up to 90 days until his competency is restored. Another evaluation will be done at that time to see if he is fit to proceed to trial.
The motion filed regarding Garcia’s competency is not public record, so the Idaho Statesman could not review the document.
Garcia was released from prison Sept. 7, 2018, after being convicted in 2014 of assault or battery on certain personnel. The Idaho Department of Correction reported that Garcia was in and out of custody over those four years due to parole violations.
When Garcia was released last year, his sentence was complete, so he was not on state parole at the time of the Arellano’s death. But prosecutors said Garcia was convicted of a federal crime in 2017 for unlawful possession of a firearm, so he was on federal supervised release in October.
Garcia is the third suspect in recent Boise history who has been declared temporarily unfit to stand trial due to mental illness after being accused of committing a violent crime.
Timmy Kinner is accused of stabbing nine people last year, fatally wounding a 3-year-old girl, and he was temporarily unfit to stand trial. Ruben Diaz was found temporarily unfit to stand trial after being accused of brutally attacking a 74-year-old stranger in Boise last year. Kinner and Diaz now await trial.
Like Garcia, Diaz and Kinner have previously served prison time.
This story was originally published November 29, 2019 at 10:32 AM.
