The defense for a 35-year-old homeless man who allegedly attacked a woman in a BART parking garage in Daly City has again requested mental competency proceedings for their client, San Mateo County District Attorney Steve Wagstaffe said.
The case against the man, Edgar Gus Martinez, was dismissed and refiled Feb. 5 so it would not meet its two-year expiration limit, Wagstaffe said.
Martinez was already originally found mentally incompetent to stand trial, sent to the Napa State Hospital, and subsequently found competent by the hospital in September 2023. Now that competency proceedings have been re-requested, a doctor will be assigned to evaluate Martinez, Wagstaffe said.
Martinez allegedly followed a victim to the parking garage on May 24, 2021, where he allegedly charged at her with a 6-inch metal rod, knocked her to the ground, tried to remove her pants and jabbed her in the genital area with the rod. The victim was able to escape Martinez and ran for help, at which point the police located him, according to the DA’s Office.
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