The capital murder trial for Omar Soto-Chavira has been postponed for a later date following an evaluation assessment on September 5 which led to the decision of competency restoration.
Soto-Chavira is accused of shooting and killing Lubbock SWAT Commander Joshua Bartlett during a standoff in 2021.
The trial was moved from Hockley County and was scheduled to take place in Lubbock County on Sept. 16 with 286th District Court Judge Pat Phelan presiding of the case.
According to Hockley County Sheriff Ray Scifres, a jury competency trial was scheduled to begin on September 9. Pending the outcome of the competency trial, the jury trial was set to begin on September 16.
“They had the evaluation assessment on the Sept. 5 and on the sixth the determination was made that evening that both parties agreed that this person is not competent or ready to stand trial,” explained Scifres. “The ruling was made that we’re going to now put him in the portal for competency restoration since he is found not competent but restorable under Chapter 46B.”
Scifres added that all parties are now in a holding pattern indefinitely as the timeline for a trial is unknown. The likelihood of a trial happening before the end of 2024 is practically zero according to the sheriff. A large part of that unknown is the time it takes for the individual to be admitted into the facility.
“The trick is getting him (Soto-Chavira) there,” said Scifres. “The goal is making sure he gets there in a timely manner because nothing moves quickly at the state hospital system level.
The sheriff also acknowledged that occupied beds have been on a decline unlike years past, but there are only so many maximum-security unit beds available at a time.
“The process will begin with him going into the pipeline and him waiting out his time in Hale County,” explained Scifres. “When you go to the websites it will tell you 270-280 days is the average wait time and I’m telling you that it’s not even close to that.”
The sheriff has had people waiting closer to 18 months but is hoping it does not take until 2026 to get the entire competency restoration process complete.
Once the individual is admitted into the facility, there is a window of roughly 90-120 days before the individual is returned.
“My hope is we can get an expedited transfer to Vernon, the state hospital system because of the charges he’s facing he will have to go to a specific facility,” explained Scifres. “We’re trying to work with them to see about getting an expedited transfer. Do I think it’s going to happen, probably not but we’re going to give it shot.”
Emphasizing the importance of going through the process properly, Scifres said it is important to see that everybody’s rights are protected ranging from the rights of the victim and the rights of the accused.
“This is a big portion of the rights of the accused,” stated Scifres. “It is making sure that he is competent and understands what’s going on before you can move forward in a criminal case.”
The sheriff feels that the competency restoration portion is going to be key as medications and all those determinations will be made by the state hospital system.
Scifres added that once Soto-Chavira returns from the facility a big portion is going to be keeping him stabilized. Once his attorneys meet with him the process begins.
“Typically, the challenge is when they come back from the state hospital system, they won’t always take their medications, or the medications don’t quite transfer the same,” said Scifres. “Continuity of care is crucial. We really want to make sure he is on a regimen; he is doing what he’s supposed to be doing, and we can maintain that competency.”
For now, Soto-Chavira will continued to be housed in Hale County where he has been since the standoff in July 2021. In 2022, he was found competent, but Scifres also added that things change over time.
“Things change over time, and I know that there have been filings from the from his attorneys that were stating there was a competency question,” added Scifres. “I think at the end of the day the judge ordered the reassessment and that’s where are we today.”