Defendant in Menlo Park stabbing deemed incompetent to stand trial


Doctors examining Marvin Lomeli, 21, of Redwood City have determined that he is not competent to stand trial for assault with a deadly weapon and assault with the intent to create great bodily injury after a stabbing in Menlo Park on April 30, according to the San Mateo County District Attorney's Office.

At a hearing Monday, Sept. 30, the case was continued until Nov. 15, when the court will hear a recommendation for making Lomeli ready for trial, according to Chief Deputy District Attorney Al Serrato.

"The court needs to make an effort to restore him to competency so that he can understand the nature of the proceedings, which is a fundamental part of due process," Serrato said. "It may involve some therapy or medication."

On July 22, as Lomeli was about to face a jury trial, his defense attorney declared a doubt about his ability to stand trial. The court then suspended criminal proceedings and appointed two doctors to examine him.

In the assault case, Lomeli was with the victim, a 60-year-old Redwood City man, at the victim's home, and left in the early morning on April 30, according to District Attorney Steve Wagstaffe.

After Lomeli left, the victim realized his cellphone was missing and thought Lomeli had stolen it. He got in his car and went looking for Lomeli and found him in the 3700 block of Haven Avenue in Menlo Park, according to Wagstaffe.

The victim confronted Lomeli, who allegedly pulled out a box cutter and slashed and stabbed him five times in the back of the head and neck, Wagstaffe said.

When passersby intervened, Lomeli fled the scene and allegedly threw the box cutter in a slough, where it was recovered by police, Wagstaffe said.

Officers found Lomeli near Marsh Road and U.S. 101 in Menlo Park. He was reportedly carrying a small amount of methamphetamine when he was arrested, according to Wagstaffe.

The victim was treated at Stanford Hospital for non-life-threatening injuries, Menlo Park Police Department spokesperson Nicole Acker said.

Lomeli has also been charged with three felony counts of threats, assault and violation of a no-contact order in a March 17 incident in which he assaulted his mother, according to Wagstaffe.

Lomeli allegedly entered the East Palo Alto home of his 58-year-old mother even though the court had issued a protective order requiring him to stay 100 yards away from her.

While he was there, he allegedly threatened and assaulted her before she was able to flee from the house, at which point he left on his bicycle.

Lomeli is also the defendant in a misdemeanor drug possession case involving heroin. He was found with two syringes containing the drug after he was stopped by officers in Redwood City on Jan. 29, according to Wagstaffe.

He is being held on $35,000 bail for the box cutter incident and $50,000 bail for the second felony incident with his mother.


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