BOISE, Idaho — A judge has ruled that the man accused of randomly stabbing a 74-year-old Boise man last month is mentally unfit to stand trial.
Prosecutors say Ruben Diaz attacked the man while he was raking leaves in his yard in southeast Boise back on Nov. 8. On Wednesday, Diaz appeared before a judge for a hearing to determine if he is competent to stand trial.
“In the order the judge found that the defendant, Ruben Diaz, was not competent to stand trial at this time,” Deputy Prosecuting Attorney Ben Harmer said.
The Idaho Department of Health and Welfare will now get Diaz the necessary treatment so that the trial may move forward.
“We have a hearing set and shortly before that hearing the Department of Health and Welfare will notify the judge and send a report saying what his status is and what the prognosis is,” Harmer said.
The 36-year-old is being held in a medical unit at the Ada County Jail under 24-hour supervision.
“He's technically in IDOC custody right now because he's on a parole hold and so Health and Welfare and the Department of Correction are working together to find the best treatment to help him right now,” Harmer said.
Diaz has a history of other serious assaults. He served 10 years in prison before he was paroled this past July, just four months prior to this attack.
KTVB has learned Diaz was required to take previously prescribed medication as a condition of his parole. Meantime, IDOC says a serious incident review for this case is currently underway.
As for the victim, his family says he is still trying to get back to normal.
The next hearing for Diaz is scheduled for March.