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Boise murder suspect to get further mental evaluations

The case against a Boise woman accused of stabbing a man to death at a Front Street apartment complex is stalling amid questions about whether she is competent to stand trial.

BOISE -- The case against a Boise woman accused of stabbing a man to death at a Front Street apartment complex is stalling amid questions about whether she is competent to stand trial.

Kimberly Swa, 35, is facing a first-degree murder charge in the April slaying of 64-year-old David Castro Vargas. Vargas, who was found dead in the Civic Plaza Apartments, had been stabbed multiple times in the head, neck, chest and stomach.

MORE: No bond for Boise woman charged with murder

Investigators have not released a motive in the slaying. Swa's defense attorney, Nicole Owens, previously told a judge the suspect has grappled with serious mental illness for more than a decade.

An evaluator who examined Swa after the murder charge was filed agreed, concluding that Swa was not mentally fit to stand trial in the case.

Prosecutors are contesting that opinion, however, and on Friday asked a judge to order a second mental evaluation for Swa, pointing to alleged flaws in the way the first doctor conducted the exam.

RELATED: Woman charged with murder in Boise

Idaho law does not allow for the so-called "insanity defense," but does mandate that a defendant be able to understand the court proceedings and assist their lawyers in their own defense. If a suspect is ruled incompetent, the criminal case goes into a sort of limbo.

Those ruled incompetent to stand trial are typically held in the state hospital or the Idaho Department of Correction while receiving mental health treatment. If that person ever gets to the point where evaluators rule their competency "restored," the criminal case against them will move forward again.

Judge Howard Smyser ultimately agreed to allow for a second evaluation for Swa. She's due back in court for a review June 29.

If convicted, Swa could face up to life in prison without parole.

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