A Cochise County judge has ordered a Sierra Vista man into a Restoration to Competency (RTC) program and will consider ordering forced medication if necessary, despite the fact one mental health professional thinks the defendant is simply malingering to avoid trial on multiple felonies across southern Arizona.
Travis Jamaine Wells was arrested in Sierra Vista in October 2020 on seven counts of aggravated assault and one count of kidnap involving his girlfriend who suffered a damaged ear drum and a fractured hand. At the time, Wells was awaiting trial in Pima County for a March 2020 incident in which the same woman spent several days in the hospital with a punctured lung and several broken ribs.
Wells’ court appointed attorney in Cochise County raised questions earlier this year about whether his client understood the charges filed against him and could assist with his defense. As a result, all the prosecutions were put on hold while a Rule 11 competency evaluation was conduct.
Lori Zucco of the Cochise County Attorney’s Office has steadfastly objected to the Rule 11 process, believing Wells was faking mental health issues as “a tactic” to delay his trials. Wells faces decades in prison if convicted of all charges.
On Sept. 13, Judge Timothy Dickerson of the Cochise County Superior Court ordered Wells into a RTC program even though one of the Rule 11 evaluators found Wells “probably competent” and suggested the defendant was malingering, or faking, comprehension issues to delay his prosecution. The other evaluator’s found Wells incompetent but restorable.
RTC programs usually run three to four months, although Dickerson’s order allows Wells to be kept in a such a program for six months. The judge also declared Wells incompetent to refuse participation and said he would consider an order for forced medication if it becomes necessary.
Dickerson set an Oct. 25 review hearing so the parties can be advised as to how Wells is doing. Once Wells is declared competent it will then be up to prosecutors in Cochise County and Pima County to decide where Wells will stand trial first.
Questions about Wells’ competency are not the only issue to delay his case in Cochise County. Earlier this year Wells requested a new attorney, arguing that court-appointed attorney Yancey Garner encouraged acceptance of a plea deal and did not appear to believe Wells is innocent.
Dickerson addressed Wells’ concerns, explaining Garner is ethically obligated to tell a client “how he thinks the case will go at trial.” The judge also noted a defendant is not entitled to an attorney who thinks the client is not guilty.
In the end, Dickerson allowed Garner to withdraw from representation. Sara Dent, a deputy legal defender, was appointed to the case.
Wells has remained in custody on a no-bond order since his Oct. 28 arrest, although the judge later approved the victim’s request for mail and phone contact with Wells. The woman’s request for video or in-person visits was denied by Dickerson, who warned the two of possible criminal charges if they conspire to commit perjury.
The victim also informed Dickerson she does not want to cooperate with the prosecution or testify at Wells’ trial. And she wants all the charges against Wells dismissed, which Zucco has refused to do. That decision, the judge explained, is well within the purview of the county attorney’s office.
“The State has to listen to a victim, not agree with you,” the judge replied, noting the prosecution will move forward even if the victim is an uncooperative witness. Dickerson warned the victim that a warrant will be issued to force her trial testimony, even if officers must be sent out-of-state to bring her to court in Bisbee.
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