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Posted on Tue, May. 11, 2004

Cape Coral teen found incompetent in murder trial


Associated Press

A Cape Coral teenager facing a first-degree murder charge for allegedly stabbing a 15-year-old friend more than 100 times was declared mentally incompetent to stand trial for murder.

Mario Lopez, 17, was charged with the May 6, 2002, death of Joseph Martins, of Cape Coral.

Lopez had been at the victim's home when the two began fighting over a football video game, police said. Lopez broke five kitchen knives during the stabbing, and told police he used multiple knives because, "He just wouldn't die."

Lee Circuit Judge Lynn Gerald Jr. declared Lopez incompetent after reviewing four mental health experts' reports.

The experts were split on whether Lopez is competent, said Assistant State Attorney Anthony Kunasek, so the judge used "an abundance of caution."

While confined to a state mental health hospital in Chattahoochee, Lopez will receive treatment, and learn how to communicate with his lawyer and understand the criminal justice system, Kunasek said. But he will likely be brought back to face the charge.

"It could be six months. It could be a year. It could be longer," Kunasek said.

Lopez's lawyer, Wilbur C. Smith III, of Fort Myers, has said he will argue Lopez was insane at the time of the killing.

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Information from: News-Press, http://www.news-press.com


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