Darner faces competency test

By Jim Tiffin
Cibola County Bureau

GRANTS — A mental health competency hearing is set Friday for Kirt Darner, former owner and operator of a big game park in Grants, to determine whether he is able to stand trial for crimes he allegedly committed several years ago.

Darner had a hearing on March 8 in which he was determined not competent at that time, following a trial date on Jan. 7, in which his Albuquerque attorney told the court Darner was on medication for kidney stones and not competent to aid in his own defense.

Lemuel Martinez, 13th Judicial District Attorney said Wednesday that his office is ready to proceed with trial and has been for some time.

Darner is charged in connection with possession of a Rocky Mountain and Desert Bighorn sheep skulls, which is illegal under federal law.

He is also accused of illegally transporting elk to the park. All these alleged crimes occurred in 2004.

A motion was filed on Feb. 14 by the district attorney’s office seeking the competency hearing, which has now been set for 9:30 a.m. On a practical note, the hearing may actually start at a later time on Friday because of court business.

Martinez said he does not know the current health of Darner, but that Judge Camille Martinez-Olguin will sort that out on Friday.

“There are two aspects to the analysis of his defense,” Martinez said. “First, can he understand the proceedings that are occurring and second, can he assist his attorney in his defense.”

Martinez-Olguin could rule that Darner is competent, at which time a trial date will be set.

If she rules Darner is incompetent due to health issues, a psychological hearing is possible, Martinez said.

He said if Darner is ruled incompetent, the state could prosecute and if Darner is convicted, he could be sent to the state mental hospital in Las Vegas, N.M., to serve his time.

Darner is under 20 indictments from the 13th Judicial District grand jury. The indictments are three years and two months old, the grand jury having met in February 2005.

The indictments include: Conspiracy to transport livestock; tampering with evidence; transportation of stolen livestock, elk; receiving stolen property, one each Desert Bighorn sheep and Rocky Mountain sheep skulls; unlawful possession of big game, elk; failure to submit an invoice for sale of game, elk; failure to have two forms of identification; and no health certificate.

Darner faces up to 43 years and 354 days in state prison, up to a fine of $58,000 or both if he is successfully prosecuted and convicted of all charges.

To contact reporter Jim Tiffin e-mail call (505) 285-4560, or e-mail: jtiffin.independent@yahoo.com.