TEXARKANA -- The trial of a Texarkana man accused of raping his former Sunday school teacher last year has been delayed at the request of his lawyers.
Jury selection and trial for Vasquez Dominique Hayes, 21, was set months ago by Circuit Judge Carlton Jones to begin Monday, but his lawyers, Lawrence Walker and Crystal Okoro of Little Rock, filed a motion Aug. 12 for a psychological evaluation likely to halt the proceedings.
Deputy Prosecuting Attorney Connie Mitchell objected, describing the request as a "delay tactic."
Had Jones not agreed to the evaluation, it could have provided grounds for an appeal should Hayes be convicted of the two counts of rape and five other felonies he faces in connection with the Nov. 22 assault of a woman who once led his Sunday school classes.
Jones made arrangements for Hayes to undergo a competency evaluation last week in hopes of keeping the trial setting, but a full evaluation could not be performed because Hayes declined to fully cooperate with psychologist Julia Woods during an evaluation Aug. 19.
Woods testified via speakerphone at a hearing Wednesday that when she explained to Hayes that his responses during the evaluation would be available to the court and prosecution, he asked to consult his lawyers and declined to continue the interview.
Woods said she learned enough to determine that Hayes was not suffering from mental illness or defect at the time of the alleged offense or at the present time. Woods said Hayes was polite and appropriate while she observed him interacting with a transport officer and members of the staff at Southwest Arkansas Mental Health. She said Hayes denied ever having or being treated for a mental illness.
"The only reason he could give for why his attorney wanted an evaluation was because he was not in his right mind at the time of the alleged crime," Woods said. "There could be a substance abuse disorder."
Each time Woods began to mention alleged substance abuse, Okoro stopped her. Voluntary intoxication is not a defense to criminal conduct.
Woods said she believes Hayes is competent to stand trial. Walker argued that a more comprehensive evaluation is warranted and apologized to the court for not instructing Hayes to answer questions during the evaluation.
Jones issued an order Wednesday for an evaluation of Hayes' current competency and his competency at the time of the alleged offense. The judge also gave Hayes a new trial date of Oct. 31.
Hayes was serving a three-year term of felony probation for theft of property when he was charged with the rape. The court docket in Hayes' 2014 theft case shows he was arrested on a motion to revoke that probation by the Miller County sheriff's office Nov. 27 in the 2300 block of East Street.
Hayes was in jail when the warrant for his arrest on the rape charge was served by Texarkana police on Nov. 30. Hayes could remain in jail even if he manages to post bond on the pending felonies because the court is not required to set bail on a pending motion to revoke probation.
Hayes faces two counts of rape, two counts of theft of property, and single counts of kidnapping, aggravated robbery and aggravated residential burglary. Five of the seven pending charges are punishable by 10 to 40 years or life in prison.
State Desk on 08/27/2016