Defense asks for competency ruling in Breiner case hearing
The murder trial of Jack Lee Breiner,which was scheduled to begin March 5,2018, was vacated on January 25 at a hearing in Susanville.
According to Modoc District Attorney Jordan Funk, the defense attorneys have declared a doubt that Mr. Breiner is competent to stand trial.
“Accordingly, as required by law, the court has appointed two mental health experts to examine the defendant and render an expert opinion regarding his trial competence,” Funk said Tuesday.“Our next court date is April 11th, by which time, we hope to have the opinions of the psychologists. Until we know what their opinions are it is impossible to say what the next step in the process will be.”
Funk said it is possible that before having the criminal jury trial there will be a civil trial to determine whether the defendant is competent to stand trial, in accordance with California law.
“But, at this point this too is unknown,”Funk said. “In any event our criminal case trial will be delayed several months.”
Breiner is accused of murdering Modoc Sheriff’s Deputy Jack Hopkins, age 31, in the line of duty October 19, 2016. Hopkins was responding to a call on a rural parcel located approximately eight miles south of Alturas. The area has a ranch near the intersection of County Road 117, old Highway 395, and U.S. 395 east of Jones Lane.
Hopkins was dispatched to the family disturbance and had entered the property to investigate the call when he confronted Breiner. According to a preliminary investigation, Deputy Hopkins was shot by the suspect and sustained fatal wounds. It was determined by responding units that Hopkins was killed instantly in the encounter with the suspect.
According to the Sheriff’s Office, Breiner fled the scene in his vehicle and was intercepted on a nearby road by Sheriff Mike Poindexter, who was also responding to the call. Poindexter was fired upon by Breiner and an exchange of gun fire ensued. Poindexter was able to wound the suspect, who was later taken into custody.
During the exchange of gun fire, Poindexter sustained minor wounds.
Breiner is being held at High Desert State Prison.
