South Ogden man charged with killing neighbor, attempting to kill 6 others unfit for trial

KEY TAKEAWAYS

James Joseph Rios, charged with murdering a neighbor in his South Ogden neighborhood, has been deemed mentally unfit for trial.
However, Judge Reuben Renstrom ordered further evaluation of Rios to determine if he can be treated.

OGDEN — The South Ogden man charged with murder and attempted murder stemming from an alleged attack on his neighbors and police last January has been deemed unfit to be tried, at least for now.

"The court has determined that the defendant is mentally incompetent to stand trial," 2nd District Court Judge Reuben Renstrom said in a ruling on Tuesday.

However, the judge also ordered that the suspect, James Joseph Rios, undergo further evaluation to determine if he can be treated. Among other things, the Utah Department of Health and Human Services is to oversee efforts to see if Rios can be "restored to competency in the foreseeable future," the order reads. A report on the efforts is due in about three months, and Rios is scheduled to return to court on June 16.

Rios, 46, is charged with aggravated murder of Brandon Kay, 45, and six counts of attempted aggravated murder, all first-degree felonies, in the Jan. 8 incident. Hearing gunshots, Kay, who lives near Rios, stepped out of his home to investigate when Rios, firing a weapon from his own home, allegedly shot him twice, which led to his death. Rios also allegedly shot and injured Kay's son, who had stepped out of his home with his father, and fired on his daughter and four law enforcement officials who responded to the incident.

The incident prompted a huge police response to Rios' neighborhood around the 1300 block of 5800 South in South Ogden, and a standoff before the man finally surrendered to authorities early the next day. A rifle and several bullet casings were found inside Rios' home after his arrest, and he confessed to his actions, according to charging papers.

As part of Renstrom's order, Rios will be placed in a "secure setting" for continued evaluation and treatment. Renstrom, late last January, had ordered a probe into Rios' mental competency to stand trial, leading to Tuesday's court action.

As part of the efforts ordered this week, the evaluation of Rios is to assess whether he's "exhibiting false or exaggerated physical or psychological symptoms." The report due next June is also to provide a gauge of the man's mental and intellectual state and whether he can be treated and, if so, how long treatment would take.

Rios' attorney, Randall Marshall, requested an investigation into Rios' competency last January, setting off the probe into his mental state. In his Jan. 26 request, Marshall said Rios didn't understand the charges against him.

"Mr. Rios was unable or unwilling to engage in a conversation regarding his case. Mr. Rios was reported to be on a 'hunger strike,' attempting to throw his feces at the guards, flooding his cell, screaming in an incoherent manner and pounding on the glass door of his cell," Marshall wrote in his request. "Mr. Rios appears to have significant behavioral health needs, and at present, is unable to assist in his own defense."

Rios also faces five counts of felony discharge of a firearm, a third-degree felony, and a count of aggravated cruelty to an animal, a class A misdemeanor, for allegedly shooting and killing the Kay family dog.

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