WORCESTER — A Superior Court judge has not yet decided whether Nicolas Guaman is competent to stand trial.
Judge Janet Kenton-Walker said the issue is still under advisement. The next scheduled court date on the competency issue is March 28, but she could issue her decision at any time.
The family of Matthew Denice attended the court session Tuesday, and said the length of the trial process is difficult, but they want Guaman to face the maximum sentence.
Police have charged Nicolas Guaman, 36, with operating the motor vehicle, and then failing to stop once he hit Denice, who was dragged when his helmet became lodged in the wheel well.
Guaman is charged with second-degree murder, which is punishable by a 15 year sentence. He is a citizen of Ecuador, and is subject to an ICE detainer, which means he could face deportation after serving a sentence if convicted.
He is being held in the Worcester County jail while the case proceeds. He was not in court Tuesday for the status conference.
On March 13, prosecutors plan to depose his brother, Pablo Guaman, his older brother, faces a misdemeanor charge in connection with the case — allowing improper operation of a motor vehicle.
Maureen Maloney, the mother of Denice, said she appreciated the judge was being deliberate. "I'm glad she's using the most appropriate interpreter, so he understands" what is being said.