Man charged with 2023 murder declared unfit to stand trial – The Vacaville Reporter

A Solano County Superior Court judge on Monday committed a West Sacramento man to the Department of State Hospitals for a maximum of two years or until he regains competency to assist in his own defense during a murder trial.

Court records show Emmanuel Reginald Justin, 40, and Wendy Sue Warren, 39, are charged in the killing of a Sacramento man whose burned body was found in rural Vacaville in March 2023.

Justin faced a so-called “1368 doctor's report” in early June of this year, and the result: Psychologist Janice Nakagawa found the defendant incompetent, prompting Judge William J. Pendergast to stay criminal proceedings against him on August 28.

Based on the findings of the report, whose namesake is Penal Code Section 1368, a judge may reopen the case or order the defendant to be placed in a competency program in prison or in one of five state hospitals until competency is restored.

According to the law, a defendant who is found to be mentally incompetent and unable to contribute to his or her defense cannot be brought to trial. However, once it is determined that the defendant is competent, further legal proceedings, including a jury trial, may be initiated.

Assistant District Attorney Mardin Malik represented Justin during the morning proceedings, and Assistant District Attorney Bill Ainsworth appeared for Assistant District Attorney Jason Lianides, court records show.

Both Malik and Ainsworth received copies of Nakagawa's mental health report. The report indicated that Justin should be given voluntary antipsychotic medication.

Court records also showed the court had received subpoenaed documents from the Sacramento County Superior Court's Family Law Division, but it was unclear what documents they were and how they related to the case.

In addition, Malik requested that further proceedings be continued for a week to make an unspecified statement.

Justin's appearance will be waived if he is admitted to a state hospital, and Penderast has scheduled further proceedings in the case for 8 a.m. Oct. 7 at Ward 11 of the Justice Center in Fairfield. The judge also scheduled another committal hearing for Dec. 3 at 8:30 a.m.

During an April 2023 court appearance at the Justice Center in Fairfield, Justin and Warren pleaded not guilty and denied any enhancements.

Chief Deputy Public Defender Oscar Bobrow represented Justin and Chief Deputy Public Defender Paula Hensley represented Warren. Assistant District Attorney Bruce Flynn appeared on behalf of the Solano County Prosecutor's Office during the defendants' arraignment.

As previously reported, Justin and Warren were arrested on March 28 on suspicion of murder in connection with the discovery of a body the previous day in rural Vacaville. Callers reported a fire in a field near Elmira Road and Tulip Street, Solano County sheriff's officials said. Responding firefighters later discovered a burned body.

Investigators determined the remains were that of a man who had suffered severe head and facial injuries. The victim was identified as Theodore Washington, 35.

Using road surveillance cameras, investigators identified a vehicle believed to be involved in the death. Later that night, the vehicle was spotted on West Capitol Avenue and stopped by West Sacramento police. Solano deputies responded to the scene.

The car's occupants, Warren and Justin, were arrested. Officials said Warren had a relationship with the victim and, a few days earlier, with Justin's help, allegedly lured the victim to a location in West Sacramento, killed him and waited four days before dumping Washington's body.

Both were arrested and taken to the Solano County Jail on suspicion of murder. Justin remains at the Stanton Correctional Facility in Fairfield and Warren at the Fairfield Main Jail, both on $2 million bail.

While Justin's criminal case has been stayed, Warren, also of West Sacramento, faces a preliminary hearing at 10 a.m. Oct. 24 in Department 11.