, Muskogee, OK

June 27, 2013

Competency eval delays hearing

Judge again orders examination in slaying case

By Wendy Burton
Phoenix Staff Writer

— 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