MuskogeePhoenix.com, Muskogee, OK

Local News

June 27, 2013

Competency eval delays hearing

Judge again orders examination in slaying case

For the second time in six weeks, the wait for a competency evaluation has delayed court proceedings for a man accused of murder.

Robert Guerra, 35, is accused of shooting April Perry, 22, and her husband, Darrell Perry, 52, at their home.

He also is accused of stabbing and cutting April Perry with a sword. April Perry died after the attack. Darrell Perry was seriously injured.

Guerra is held without bond at the Muskogee County/City Detention Facility.

Guerra’s first preliminary hearing date, May 15, was rescheduled because Guerra’s defense attorney requested a competency evaluation for her client.

Associate District Judge Norman Thygesen ordered the evaluation and Guerra was to return to court Wednesday for the results.

If Guerra was found competent, his preliminary hearing would have been held Wednesday.

However, Thygesen said the evaluation was never done.

“We can’t move forward on this case until it’s done, so I signed an order again this morning to send him to be evaluated,” Thygesen said. “I told them to take him today, and let’s get this done.

Because the institution Guerra is being sent to said it cannot complete the evaluation right away, Thygesen reset the preliminary hearing for Aug. 20 in hopes it will be done, he said.

“I don’t know why it didn’t happen, and frankly, I’m just trying to find out why this hang-up occurred,” Thygesen said.

Guerra is charged with:

• First-degree murder.

• First-degree robbery.

• Larceny of an automobile after former conviction of a felony.

• Shooting with intent to kill after former conviction of a felony.

• Possession of a firearm during commission of a felony after former conviction of a felony.

• Possession of a controlled dangerous substance after former conviction of a felony.

• Possession of a firearm after former felony conviction.

The preliminary hearing for Guerra’s co-defendant, Ryan Shawn Johnson, 22, who is charged as an accessory, also was postponed until Aug. 20, according to court records.

Additionally, a material witness who was held in Muskogee County/City Detention Facility for the last two weeks appeared in front of Thygesen on Wednesday.

According to court records, Logan Scott Boyd, 20, was arrested June 11 as a material witness in the case and ordered held on $100,000 bond.

Thygesen released Boyd on his own recognizance Wednesday. Boyd must also return to court at 9:30 a.m. Aug. 20.

Reach Wendy Burton at (918) 684-2926 or wburton@muskogeephoenix.com.

1
Text Only
Local News
AP Video
Netanyahu Vows to Destroy Hamas Tunnels Obama Slams Republicans Over Lawsuit House Leaders Trade Blame for Inaction Malaysian PM: Stop Fighting in Ukraine Cantor Warns of Instability, Terror in Farewell Ravens' Ray Rice: 'I Made a Huge Mistake' Florida Panther Rebound Upsets Ranchers Small Plane Crash in San Diego Parking Lot Busy Franco's Not Afraid of Overexposure Fighting Blocks Access to Ukraine Crash Site Dangerous Bacteria Kills One in Florida Workers Dig for Survivors After India Landslide Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN
Poll

Should a federal judge have the power to strike down Oklahoma's ban on gay marriage?

Yes
No
     View Results
Featured Ads
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Stocks