CASTLE ROCK, Colo.-
An attorney for a man charged with wrapping a nylon strap around his girlfriend’s neck and dragging her to death behind a car told a judge Tuesday she wants time to look into “probable issues of mental retardation” with her client.
Jose Luis Rubi-Nava, 36, is charged with first-degree murder and second-degree kidnapping in the death of Luz Maria Franco Fierros, 49.
Defense attorney Tamara Brady did not elaborate on the mental retardation question during a hearing Tuesday. Rubi-Nava had been scheduled to enter a plea, but after Brady’s request, the judge rescheduled that for May 22.
Prosecutors did not object to the delay. They will have 30 days after he enters a plea to decide whether to seek the death penalty.
Franco Fierros’ mangled body was found early Sept. 18 in a quiet subdivision near Castle Rock, 20 miles south of Denver. An autopsy report said she died from strangulation and massive head wounds.
Investigators have said Rubi-Nava told them he had dragged Franco Fierros behind his car after a violent argument, when he accused her of seeing other men and she told him, “You’re worthless as a man. That’s why I have other men.”
Both the suspect and the victim were from Mexico. Authorities have said Rubi-Nava was in the country illegally, and he also faces charges of possessing and using fraudulent government documents.
Investigators said they found a photo of Rubi-Nava found at the crime scene, which led to his arrest.
Rubi-Nava, dressed in an orange jail jumpsuit, sat quietly through Tuesday’s hearing, listening through an interpreter but saying nothing.
