Man accused of threatening Victoria judge
Feb. 4, 2014 at 10:04 p.m.
Updated Feb. 3, 2014 at 8:04 p.m.
A person is incompetent to stand trial if a person does not have the ability to consult with his or her lawyer with a reasonable degree of rational understanding or if a person does not have a rational as well as factual understanding of the proceedings.
SOURCE: Texas Code of Criminal Procedure Article 46B.003
A Victoria man accused of threatening a judge told the court Tuesday that he did not want to be evaluated by a doctor.
But Court-at-Law 2 Judge Dan Gilliam ordered William Gordon Kinzer to be evaluated by a doctor anyway to determine whether he is competent to stand trial.
Kinzer, 61, is charged with making a terroristic threat against a public servant, a class A misdemeanor.
Officials say Kinzer had an outburst in court Sept. 16 when he was there for another case.
In that case, Kinzer was charged with criminal trespass, a class B misdemeanor, after Citizens Medical Center officials reported to police that he was yelling at security and staff.
Citizens Medical Center officials at the time said Kinzer was issued a criminal trespass warning a year ago that was still valid and did not have permission to be there, according to a Victoria County Sheriff's Office report.
On Sept. 18, deputies tried to serve Kinzer with an emergency detention warrant at his home in the 2100 block of East Brazos Street.
Kinzer would not leave his home, but his roommate allowed the deputies inside. They then took Kinzer to the Gulf Bend Center.
While waiting for the evaluation to be completed, "Kinzer made several references (in front of a deputy) to the fact he had placed a $100 bounty to have Judge (Travis H.) Ernst killed," according to another sheriff's office report.
Ernst is the Court-at-Law 1 Judge.
Kinzer's attorney, Joyce Leita, said she opposed the state's determination of competency motion because she had never seen a report by the Gulf Bend Center that supposedly found Kinzer to be mentally ill.
If the report was sealed, she asked that it be unsealed.
"He has been able to consult with me," Leita said. "He understands the nature of the charge and the consequences."
Leita could not be reached for additional comment after the hearing.
Gilliam told Kinzer that he could contest the results of the competency evaluation later. Gilliam scheduled both the criminal trespass and the terroristic threat against a public servant cases for April 1.
Assistant District Attorney Tim Poynter is prosecuting the case.