Published April 11, 2013
The illegal immigrant who was allegedly drunk driving when police say he hit and dragged a Milford man to his death has been ruled incompetent to stand trial, MyFoxBoston.com reported.
Judge Janet Kinton-Walker says Nicolas Guaman's "unique cultural background" and language barrier means that he doesn't understand the court process, the report said. The court also said that he lacks the ability to consult with his attorney properly.
The judge ordered Guaman's attorney to find an interpreter and educate him on the court process.
In August 2011, Matthew Denice, 23, was hit and dragged to death while riding his motorcycle.
Maureen Maloney, Matthew's mother, told the station she believes this is a stall tactic by the defense, but hopes it clears the way for trial.
"My first reaction yesterday was devastation," Maloney said. "I just can't believe that he was found mentally incompetent based on his education level and unique language. However, after being able to think about it overnight, I'm hoping that this will close whatever loopholes that the defense has to try to appeal or get a retrial if we ever get to a trial."
Maloney and her family will meet with the district attorney Thursday to talk more about the ruling and the next steps in the case.
"I think this does give the defense attorney the opportunity to request the bail for Guaman," said Maloney. "Up until now, he has not been eligible for bail, so he may be eligible to be released on bail because of this recent decision."
Guaman pleaded not guilty to second-degree murder charges. He and the new interpreter are due back in court in June.