‘Procedural error’ forces postponement of Merced homicide trial

A Merced homicide trial was delayed this week after the court learned that doctors in the case had examined the wrong documents when evaluating the defendant’s mental health, the District Attorney’s Office confirmed Wednesday.

Michael L. Wilkins, 22, has pleaded not guilty to murder and other charges in connection with the slaying of 47-year-old Raymond Garza in 2012.

Michael McKinney, the deputy district attorney prosecuting the case, said Tuesday’s trial was delayed to allow new doctors time to evaluate the case. Previous court-appointed doctors apparently examined documents in the case “which they shouldn’t have looked at,” McKinney confirmed.

He described it as a “procedural error.”

A phone call to Wilkins’ attorney, David Capron, was not returned Wednesday.

The defense has argued that Wilkins, at the time of the incident, was not able to appreciate the consequences of his actions because of a mental disease or defect, authorities have said. However, Merced prosecutors disagree.

“We believe he was sane at the time he committed the murder,” McKinney said Wednesday.

Judge Ronald W. Hansen ordered Wilkins to return to court Friday for further proceedings, according to the court clerk’s office.

The case has been delayed numerous times for many reasons, including mental-competency reviews. Prosecutors confirmed that Wilkins has been deemed fit to stand trial. The case also was delayed last year when David Elgin, the original prosecutor in the case, left the District Attorney’s Office to lead the county Public Defender’s Office, authorities said.

Wilkins remains in custody without bail at the Merced County Jail, according to booking records.

Garza was shot and killed Aug. 8, 2012, at an apartment complex on Park Avenue in Merced. Residents reported hearing commotion in the area, followed by multiple gunshots, and seeing a man running away, police said.

Wilkins was arrested a short time later in the 2600 block of H Street. Sheriff’s investigators said they found a firearm in Bear Creek that they believe may have been used in the shooting.

Garza’s family has said they believe he was randomly targeted.

This story was originally published February 4, 2015 at 3:56 PM with the headline "‘Procedural error’ forces postponement of Merced homicide trial."