The defense team for a San Carlos man accused of beheading his estranged girlfriend challenged on Thursday a court evaluation that found him mentally competent to stand trial.
Police arrested Jose Solano Landaeta in September 2022, accusing him of using a Samurai sword to behead the mother of his child, 27-year-old Karina Castro, during an argument over child custody.
In a preliminary hearing earlier this year, Landaeta’s attorney described him as a “paranoid schizophrenic” who, when not on his medications, would lose touch with reality.
“I think it’s literally just him doing whatever he can to avoid prison for as long as he can,” said Martin Castro Jr., the father of the victim.
Two court-appointed doctors evaluated Landaeta and found him mentally competent to stand trial in March.
At the time, Landaeta was described as catatonic and unresponsive. However, since then, Castro said he’s been told Landaeta has become violent in jail.
The San Mateo County District Attorney’s Office confirmed Landaeta “became a problem” while being transported to court Thursday and never made it to the courtroom.
Thursday’s hearing was supposed to be about challenging the evaluation of him being mentally competent to stand trial, which the law allows if attorneys can prove more mental deterioration has occurred.
“If, suddenly, what they were three to five months ago has changed dramatically due to a variety of reasons, there can be a new competency hearing,” said District Attorney Ken Wagstaffe. “But there has to be a substantial change in his mental circumstances … It has to be due to mental illness. It can’t just be 'somebody’s ornery.'"
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“They already did the insanity plea,” said Castro. “Now they’re trying to say something has happened between then and now? I think it’s just an act.”
Landaeta’s attorney declined to comment, except to say that the matter was discussed privately with a judge Thursday.
The judge is expected to decide on Landaeta’s mental competency in court.
If he refuses to come to court again, the judge has said she will proceed without him.
