, Muskogee, OK

August 21, 2013

Judge orders new eval in slaying

Hearing third delayed by competency evaluation

By Thad Ayers
Phoenix Staff Writer

— Another competency evaluation was ordered Tuesday for a Muskogee man accused of a January slaying.

Robert Luis Guerra Jr., 36, was ordered to be sent back to a Vinita psychologist by Muskogee County District Judge Norman Thygesen. Guerra was told to cooperate with examiners at the Oklahoma Forensic Center, where Guerra had gone for an evaluation Aug. 13, according to court records.

“I’ve never seen a letter quite like this before,” Thygesen said of the psychologist’s evaluation.

Guerra is accused of fatally shooting and stabbing April Perry, 22, with a sword in the 2400 block of North 32nd Street in January.

He’s also accused of injuring April Perry’s husband, Darrell Perry, 53, who attended the hearing.

Tuesday’s hearing, which was supposed to be a preliminary hearing in which testimony was given, was the third one rescheduled since May because of competency evaluations being ordered.

Guerra avoided eye contact with the judge, to which Thygesen told him to “man up.”

“If you continue to behave the way you’re behaving, it’s very difficult to help you in the situation you’re in,” Thygesen said.

The letter sent to Thygesen by Dr. Peter Rausch said Guerra “remained largely mute” during the interview.

Rausch wrote Guerra claimed he wasn’t getting medication from the jail.

The letter stated the Muskogee County/City Detention Facility reported Guerra wasn’t acting odd and was, instead, getting into fights with other inmates. Guerra did appear competent, but Rausch would also re-evaluate him if necessary, wrote the psychologist.

Guerra said his mental history was already documented in a previous case. He again accused the county of denying him medication.

“Now, you all don’t want me on my meds,” he said. “Put me on my meds that make me function right.”

His preliminary hearing is rescheduled for Oct. 16 at 9:30 a.m.

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.

Muskogee County District Attorney Larry Moore also is seeking to revoke Guerra’s 10-year suspended sentence for a 2011 felony conviction.

Guerra pleaded guilty in July 2012 to threatening to perform an act of violence on someone with a three-foot machete.

If the revocation is upheld by the judge, Guerra could then go to prison, Moore said.

Ryan Shawn Johnson, 22, also is charged with two counts of accessory to shooting with intent to kill. His preliminary hearing, also scheduled for Tuesday, is rescheduled for 9:30 a.m. Oct. 16.

He and Guerra are being held in the jail without bond.

Reach Thad Ayers at (918) 684-2903 or