A man accused of stealing a police car during a confrontation at
a southern Gilroy tow yard and then attempting to run over police
with it had his hearing postponed Wednesday as the court continues
to examine his sanity.
A man accused of stealing a police car during a confrontation at a southern Gilroy tow yard and then attempting to run over police with it had his hearing postponed Wednesday as the court continues to examine his sanity.
Kenneth Michael Aguero, 31, faces felony charges of attempted theft or unauthorized use of a vehicle, theft or unauthorized use of a police or fire vehicle, assault with a deadly weapon, resisting or deterring arrest, and interfering with an animal used by police. The charges result from a Jan. 25 incident where he allegedly broke into the Marx Towing yard on Obata Way and fought officers when they tried to arrest him. He is in Santa Clara County Jail on $500,000 bail.
At Wednesday’s hearing, doctors had been expected provide letters of evaluation to determine whether Aguero is mentally competent enough to proceed with a trial.
However, Aguero, wearing a brown jail-issued shirt and appearing clean-shaven, provided Judge Philip Pennypacker with what appeared to be a note on a yellow sheet of paper. Pennypacker carefully studied the paper, chin in hand, before telling Aguero that he could not approve a motion at this time.
“It’s not a motion, it’s just a request,” Aguero said.
Pennypacker did not describe the contents of the letter, and attorneys could not be reached for comment after the hearing. The judge ultimately decided to delay Aguero’s hearing until 1:30 p.m. July 7.
Jeanette Dominguez, Aguero’s mother, said after the hearing that she had no idea what was written on the note that Aguero gave to the judge.
Aguero has not communicated with his family about what is going on, although he did call home, Dominguez said.
“None of us were able to ask what happened,” she said. “He hasn’t carried a conversation with us.”
Dominguez has said she believes her son is bipolar, and she has pushed for the court to examine his sanity.
Police have stated in court documents that on Jan. 25 Aguero was being aggressive after demanding his car from staff at Marx Towing. He would go from complying with police’s orders one minute to flailing his arms, scuffling with officers and showing defiance the next. Once he was in the police car, he tried to get an AR-15 assault rifle that was locked inside the vehicle, according to court files.
In addition, an officer said he heard someone – later determined to likely be Aguero – make comments on the police radio such as “I am shot. They are shooting me. Mom … help. I am shot.”
At different times, police used a baton, pepper spray, an electronic stun gun and a police dog to detain Aguero, according to court files.
If Aguero is deemed mentally incompetent, he would be sent to a state hospital to regain competency, district attorney spokeswoman Amy Cornell said last month. If there are conflicting reports from doctors, either the defense or prosecution is entitled to a jury to decide on his competency.
