The Utah teen who murdered his two younger brothers will undergo a competency evaluation on a new assault case, an Ogden judge ordered Tuesday.
Aza Ray Vidinhar, 16, is charged as an adult in Ogden's 2nd District Court with third-degree felony assault by a prisoner, for allegedly assaulting another teen in a juvenile detention facility.
Vidinhar, shackled and dressed in an orange Weber County jail jumpsuit, made a brief appearance in court Tuesday, where his attorney, James Retallick, asked for the teen's competency to be evaluated.
"It appears like he's not tracking [in conversation,]" Retallick told the judge. "Like he's in a fog."
Prosecutors initially objected to the review, arguing in court papers that Retallick did not raise "a bona fide doubt" in his motion requesting the competency evaluation.
But in court Tuesday, Deputy Weber County Gage Arnold withdrew the motion and said they had no objection to the evaluation.
Vidinhar will be in court again on Jan. 27 for a competency review.
Retallick told Judge Noel Hyde on Tuesday that while about $30,000 was spent on mental health evaluations on Vidinhar over last year in connection to the murders of his younger brothers, he believes his client's mental state has since deteriorated while Vidinhar has been housed in the juvenile facility.
According to a probable cause statement filed in court, Vidinhar was arrested after he allegedly assaulted another boy at the Mill Creek Youth Center at 790 W. 12th St., Ogden.
Vidinhar allegedly "took a broom and attacked another male who is also in custody," according to the probable cause statement. Officers noted in the report that the other boy "did not fight back" and that Vidinhar allegedly initiated the fight. The alleged victim had minor bruises and scratches after the altercation.
As for the murder cases, Vidinhar pleaded guilty in June in juvenile court to one count of first-degree felony murder in connection with 10-year-old Alex Vidinhar's death, followed by a similar plea in adult court for killing 4-year-old Benjie Vidinhar.
The pleas were the result of an unusual plea agreement that allows the teen to be held in a juvenile facility until he is 21 years old, or until the juvenile system feels it can no longer help him.
At that time, defense attorney Todd Utzinger has said, the teen will be sentenced in adult court to a 15-years-to-life term at the Utah State Prison. The Utah Board of Pardons and Parole will then review the case, according to Utzinger.
According to court records, the latest charge was filed in the adult court because Vidinhar had already been certified as an adult in the court system on one of the murder charges.
The teen is currently being held in the Weber County Jail without bail in connection with the new assault case, according to court records.
Vidinhar was arrested the night of May 22, 2013, after his mother called 911 to report finding her 4-year-old son dead on the floor of her West Point home. She said Aza Vidinhar, then 15, and her 10-year-old son were both missing.
Sheriff's deputies subsequently found the 10-year-old's body in another part of the house. Both victims suffered "penetrating knife wounds," Davis County Sheriff Todd Richardson has said.
Officers later found Vidinhar walking in Layton, about 8 miles from his home.
A motive for the slayings has never publicly been revealed.
jmiller@sltrib.com
Twitter: @jm_miller
on Wednesday, June 18, 2014.
2nd District Judge David Hamilton speaks during Aza Ray Vidinhar's plea deal during 2nd District Court at the Davis Justice Complex in Farmington on Wednesday, June 18, 2014. Vidinhar, 16, plead guilty to two counts of murder in the May 22, 2013, deaths of his brothers Alex Vidinhar, 10, and Benjie Vidinhar, 4, in their West Point home. Vidinhar will serve time in both juvenile detention and adult prison.
Todd Utzinger, attorney for Aza Vidinhar, speaks to attorneys during a break at the Davis Justice Complex in Farmington on Wednesday, June 18, 2014. Vidinhar, 16, struck a plea deal in 2nd District Court, pleading guilty to two counts of murder in the May 22, 2013, deaths of his brothers Alex Vidinhar, 10, and Benjie Vidinhar, 4, in their West Point home. Vidinhar will serve time in both juvenile detention and adult prison.
2nd District Judge David Hamilton speaks with attorneys during Aza Ray Vidinhar's plea deal during 2nd District Court at the Davis Justice Complex in Farmington on Wednesday, June 18, 2014. Vidinhar, 16, plead guilty to two counts of murder in the May 22, 2013, deaths of his brothers Alex Vidinhar, 10, and Benjie Vidinhar, 4, in their West Point home. Vidinhar will serve time in both juvenile detention and adult prison.
Aza Vidinhar, 16, who pleaded guilty to murdering his 2 brothers.
Aza Vidinhar, 15, of West Point. Courtesy photo
Aza Vidinhar