Proceedings paused as man who attacked Fresno employee to have psych evaluation

FRESNO, Calif. (KSEE/KGPE) – Dyllan Padavona, the 30-year-old charged with the attempted homicide of 56-year-old Fresno City electrician Tim Smith, made his first court appearance in the case Wednesday, but did not enter a plea.

His attorney argued for a mental assessment after he met with the man himself.

“I do have a doubt as to Mr. Padavona’s mental competency at this time. This is based on my communication with him this morning, seeing his appearance, seeing his emotional status,” said Public Defender Armando Lope.

Lope also noted a colleague, who represented Padavona in a separate case on Tuesday, under the name of Dyllan Hopkins, had observed similar.

Judge Raj Badhesha ultimately granted the request.

“All further proceedings in these matters are ordered suspended until the question of the present mental competence of the defendant has been determined,” he said.

In the courtroom was the defendant’s mother, obviously emotional at the sight of her son in custody. She declined to speak with the media afterward and walked off visibly crying.

Now, a psychiatrist will determine whether the boy she raised is mentally ‘competent’ or ‘incompetent’ to stand trial.

“You’re deemed to be incompetent if you’re not able to understand what’s going on or you’re not able to assist your defense counsel in a rational manner due to a mental defect or a developmental disability,” said Criminal Defense Attorney Mark King, who acts as a legal analyst for KSEE24 and CBS47.

King, who has served several clients in other cases requiring a mental evaluation, says if Padavona is found incompetent, he’ll be administered to a mental hospital and medicated, until, if ever, he is brought back to being competent, and can stand trial.

At that point, King says his defense would decide whether to mount an insanity defense.

“Insanity is something that is determined from the time of the event,” King told me. “Was the person able to understand the nature of the event and be able to distinguish between right and wrong?”

Padavona will be back in court for a hearing on the evaluation on May 21.