Rubio found competent to stand trial for capital murder

The capital murder trial of accused child killer John Allen Rubio can move forward now that he has been found competent to stand trial.

A Cameron County state jury deliberated for about 90 minutes on Friday before reaching a unanimous verdict that Rubio is competent to stand trial in the murders of three children in March 2003.

Rubio, 29, stood before visiting state District Judge Noe Gonzalez of Hidalgo County as the judge read the jury’s verdict.

"Mr. Rubio at this time, you have been found to be competent by a jury in this county," Gonzalez told Rubio. "We will proceed with scheduling this case for trial on the merits."

Rubio showed no emotion as the decision was read. Minutes later, Cameron County bailiffs shackled him with chains and led him out of the courtroom.

The competency trial was heard before Gonzalez in the state’s 138th District Court in Brownsville.

Rubio is accused of murdering the three children of his common-law wife in Brownsville on March 11, 2003. The children were smothered, stabbed and mutilated, according to Brownsville police investigators. Their decapitated bodies were stuffed inside trash bags.

At issue was whether Rubio was competent to stand trial. His defense was charged with proving that Rubio was incompetent to stand trial on capital murder charges. Under the Texas Penal Code, an individual is deemed incompetent if he doesn’t have the ability to consult with his attorneys with a reasonable degree of understanding or factual understanding of the proceedings against him.

Because of a gag order in the case, the attorneys could not comment about the decision rendered by the jury. Also, the judge requested that the jurors not give media interviews about the case.

"I ask that in order to ensure that Mr. Rubio, if he is tried in Cameron County, receives a fair trial," Gonzalez told the jury.

A status hearing has been scheduled for next week when attorneys and the judge will discuss any pre-trial matters.

Gonzalez suggested that jury selection for the capital murder case could begin as early as mid-April.

During last week’s opening arguments, defense attorney Ed Stapleton said although Rubio understood the factual matters of the case, that he saw the world differently from that of the average person.

Stapleton said Rubio suffered from a delusional order and that he believes "he’s the chosen one."

"He believes he is competent. He believes his reality is true," Stapleton said. "He believes he saved humanity. … that he’s a hero, that he did the right thing."

State prosecutors said that Rubio has been faking the delusional disorder and did not suffer from any mental illness and is competent to help his attorneys in his defense.

Rubio’s defense team has already filed a motion that indicates they will seek an insanity defense in the capital murder trial.

Angela Camacho, 30, the common-law wife, pleaded guilty to three counts of capital murder in July 2005 in the deaths of her children. Authorities said Camacho gave the knife to Rubio that he used to behead the children. She also was accused of holding down the children while they were killed.

Rubio was convicted in November 2003 on three counts of capital murder in the deaths of the children, Julissa Quesada, 3, John E. Rubio, 14 months, and Mary Jane Rubio, 2 months.

Rubio is the biological father of one of the children, Mary Jane.

He pleaded not guilty by reason of insanity during the trial and was sentenced to death.

However, Rubio’s conviction was reversed by the Texas Court of Criminal Appeals in September 2007, thus granting him a new trial.

Camacho, who refused to testify in Rubio’s trial, did not have an attorney present when she gave the videotaped testimony to police. Also, Rubio’s defense attorneys claimed they were at a disadvantage because they were not able to challenge the videotaped testimony.