Is a Fresno man who’s accused of vehicular manslaughter incompetent? Judge has doubts
The criminal case against a Fresno driver accused of running a red light and killing a 72-year-old man has been suspended over concerns about his mental competency.
Daniel Phillips, 29, was arraigned Thursday, pleading not guilty to charges of vehicular manslaughter with gross negligence, hit and run resulting in permanent injury or death, and reckless driving.
Police said Phillips was driving a full-size pickup truck, heading east on Belmont Avenue at about 10:50 a.m. on Feb. 7 when he ran a red light at Maple Avenue.
Phillips slammed into a Toyota sedan carrying Chou Vang, 72 and his wife. The couple were taken to an area hospital where Vang died of injuries. His wife suffered serious injuries.
But when Judge Jon Kapetan explained to Phillips that he had the right to a timely preliminary hearing, the defendant replied, “I have no idea what you are talking about.”
Kapetan stop the hearing and ordered Phillip’s attorneys Mark Coleman and Paul Caprioglio to talk with their client about what was happening in court.
A few minutes later, Coleman said he had a doubt about Phillips’s mental competency and requested he be evaluated by a court-appointed psychiatrist.
Coleman told the judge that Phillips was hospitalized for several days after the accident and may have been on a psychiatric hold.
Prosecutor Steven Ueltzen disputed that Phillips was on any type of psychiatric hold. He said Phillips did spend five days in the hospital recovering from the accident but was then booked into the Fresno County Jail.
Kapetan tried a second time to communicate with Phillips. He asked him if he knew he was being charged with vehicular homicide.
“I have no idea of what we are talking about,” Phillips said.
Kapetan ordered the psychiatric evaluation, while also expressing some hesitancy. “My doubt is to whether or not, in fact, he is incompetent to stand trial,“ Kapetan said. “I sense there may be malingering here, but in any event that is my opinion, I am not a doctor, a psychologist or psychiatrist, that is why we will have one interview you sir.”
Phillips is due back in court on April 5. If convicted of all the charges, he could be sentenced to a maximum of 13 years in prison.
This story was originally published March 3, 2022 at 3:55 PM.
