Dannie Baker judged incompetent to stand trial

DeFUNIAK SPRINGS — Dannie Baker, who is charged with killing two Chilean students and wounding three others in February, has been deemed incompetent to stand trial.

He will be sent the Florida State Hospital in Chattahoochee for treatment.

Mental-health problems prevented Baker from attending Thursday’s hearing in DeFuniak Springs, but he watched the session through a video hookup.

He could be seen standing in an empty room and dressed in an orange jail jumpsuit on a large screen at the front of the courtroom.

Walton County Circuit Judge Kelvin C. Wells addressed him, saying, “At this time, the court is finding that … you’re incompetent to proceed and I’m going to have the sheriff transport (you) to Florida State Hospital and (you) will remain there until further order of the court.”

Before the hearing, Baker’s public defender, Lenny Platteborze, gave Wells a proposed order for placement at Chattahoochee, as well as reports prepared by two psychologists — one for the defense, the other for the state — that Platteborze said showed that his client “fits the criteria for placement at Florida State Hospital.”

Assistant State Attorney Bobby Elmore said later that Baker underwent a “battery of psychological tests,” and interviews to determine whether he was able to relate facts of the case to his attorney; whether he understood the nature of the proceedings; and whether he understood the penalties he could receive if he were found guilty.

Platteborze entered a not guilty plea on Baker’s behalf in March. The state also announced that it would seek the death penalty the same month.

“Essentially, it comes down to whether he’s able to assist his attorney in preparing and conducting a defense,” Elmore added. “That’s the main issue. And both (experts) essentially found that he is actively psychotic and not in a position to cogently and relevantly talk with his attorney and assist him in his defense at this time.”

Platteborze said after the hearing that the hospital staff “will attempt to restore him to competency.” If they are successful, “he will be returned to Walton County to stand trial for these charges.”

Baker, 61, is charged with two counts of pre-meditated, first-degree murder, aggravated battery with a deadly weapon, three counts of attempted first-degree murder with a firearm and shooting into an occupied dwelling.

He has been held without bond at the Walton County Jail since his arrest Feb. 26.

The shootings occurred about 2 a.m. that day at Summer Lake town home subdivision in Miramar Beach.

The five students, four men and a woman, had been eating in their host’s home and discussing job opportunities in Miramar Beach.

They all were in the United States on a work-travel program.

As they prepared to leave, Baker — who lived in the same complex —opened fire through a window, according to Walton County sheriff’s deputies.

Racine Libia Balbontin-Argandona, 22, and Nicholas Pablo Corp-Torres, 23, died at the scene.

Sebastian Mauricio Arizaga-Suarez, 27, was shot in the back; Francisco Javier Cofre-Fernandez, 25, was shot in the side of the face; and David Alonzo Bilbao-Meza, whose age is unknown, was shot in the arm.

Baker returned to his home after the shootings and surrendered hours later.

The three injured students have returned to Chile.

______

A COLLECTION OF COVERAGE

To read a victim's account of the shooting, click here.

To read about the victims' recovery, click here.

During a past pre-trial hearing, the Chilean consul attended.

To read about how the community rallied behind the survivors, click here.

To see a photo gallery from the shooting scene.

To read a recent story reported from Baker's home, click here.

_________

Roberto Rivera, who attended Thursday’s hearing on behalf of Cofre-Fernandez and his family, said he believes the shootings are a “politically motivated hate crime.”

“Nobody’s mentioned it, but that’s what it was,” he said.

Baker thought he was “protecting America from the hoards of illegal aliens,” Rivera said. He added that “the level of hatred toward liberals, Obama and migrant workers is getting out of hand.”

Baker was “driven by hate and racism and a simpleton mind who’s been listening to hate radio,” he said.

Cofre-Fernandez has permanent vision and hearing loss, requires plastic surgery and is paralyzed on the right side of his face.

“It’s supposedly spreading, so we’re trying to get him medical attention as soon as possible,” Rivera said. But “losing his eyesight and losing his vision and his health is nothing compared to losing the love of his life.”

Balbontin-Argandona was Cofre-Fernandez’s fiancee, he said.

Rivera was in court in part to give the court an update on his friend’s condition and to seek additional medical assistance. Sacred Heart Hospital in Pensacola provided free treatment to Arizaga-Suarez and Cofre-Fernandez, according to Brenda Porter, a victim’s advocate with the court. Bilbao-Meza was treated at Sacred Heart Hospital on the Emerald Coast in Santa Rosa Beach.

Neither Elmore nor Platteborze would speculate on a motive or discuss in detail what evidence was found in Baker’s town home after he gave up. Elmore said there “was some evidence gathered in the search of his home that might lead us to some belief as to why it happened.”

At Baker’s pre-trial hearing in June, Wells granted Platteborze a continuance to gather background on his client before a mental-health specialist could issue an opinion on his mental state at the time of the shootings.

At the next hearing Aug. 20, psychologist Dr. James Larson, who was hired by the defense, told Wells that Baker was incompetent to stand trial.

Dr. Harry McClaren, a psychologist for the state, came to the same conclusion later.

The Florida State Hospital is required to report Baker’s mental-health status to Wells within six months, although “they could report he was competent in a month if they thought he was,” Elmore said.

If he is not deemed competent to stand trial, the staff will continue to treat him and provide annual reports to Wells, Elmore said.

If he is deemed incompetent for five years, “the law requires that a case must be dismissed … but if he ever regains competency, then we can re-file the charges,” he said.