A Craig man charged with first-degree assault and felony menacing after being accused of stabbing a neighbor may never face a jury.
John Henry Simmons, 60, was committed to the Colorado Department of Human Services for placement at the Colorado Mental Health Institute in Pueblo after a court-ordered competency evaluation found him incompetent to stand trial. He will remain in the mental health institute until he is found competent to proceed or until the case is terminated because of incompetence.
Moffat County Court Judge Mary Lynne James has required a competency report be completed by March 31, 2000, and set a meeting with attorneys at 10:30 a.m. that day to discuss the findings.
On July 11, Simmons knocked on the door of a neighbor, Tony Luman, 45, at Columbine Apartments in Craig and allegedly stabbed Luman in the ribs. The cut was described as being 3 inches long and 1 1/2 inches wide. Luman also suffered from superficial cuts to his chest. The cuts were classified as "serious bodily injury" by a Craig doctor.
Simmons has three other cases on file at the Moffat County Courthouse. On Jan. 10, 1995, he was charged with criminal mischief after allegedly kicking in a door at the Yampa Hotel. Simmons pleaded no contest and the charge was dropped after the owner of the Yampa Hotel said full restitution had been made. At the time, Judge James noted her "grave concerns" about Simmons' ability to enter a plea based on his competency. In December of 1995, Simmons was charged with theft and third-degree criminal trespassing. Charges in that case were also dropped when full restitution was made. The next year, Simmons was arrested for theft, disorderly conduct and carrying a concealed weapon. He was sentenced to six months unsupervised probation, had fines of $50 suspended because he was technically indigent and assessed court costs.