Judge to consider filing charges again against accused killer

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ALBUQUERQUE, N.M. (KRQE) – A judge says he will reconsider filing charges against an accused killer.

Police say 24-year-old Jacob Lopez beat 62-year-old Donald Deloach so severely in 2015 he later died.

Lopez was charged with murder, but was found incompetent to stand trial. The state placed him in a behavioral health institute where he was found to be dangerous, but the Department of Health missed the deadline to file paperwork and a judge threw out the case.

State prosecutors filed an emergency motion asking the judge to reconsider.

“Every indication we have, the factual allegations in this case, the assessment by Dr. Schwartz finding him incompetent, the assessment by [New Mexico Behavioral Health Institute], indicate that he’s a danger to the community,” attorney David Gardner said.

Judge Brett Loveless said he will take all of that into account. No word on when he’ll decide what happens with the case next.

Lopez was released from MDC and is still out. The defense argues he is getting help and is on medication.

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