The trial of Nicolas Jaimes-Hernandez, an undocumented immigrant accused of killing five people in a mass shooting, including two children and a former Texas pageant queen, could cost taxpayers millions of dollars.
Jaimes-Hernandez, 36, has been declared not competent to stand trial following a hearing on Tuesday. A lawyer for Jaimes-Hernandez said Tuesday that the accused is unable to communicate with his defender, make decisions, or stand trial.
Judge Thomas West committed Jaimes-Hernandez to 120 days in a state mental health facility on Tuesday, but the shortage of facilities in Texas means it could take months or years until a bed opens up.
He is currently at the McLennan County Jail on bonds totaling $4.5 million on charges of capital murder and aggravated assault with a deadly weapon.
The Mexican national, who has been living illegally in the United States since he was 18, faces charges of capital murder for the September 2022 killings in McGregor.
The victims include Monica Aviles, 38, her teenage children Miguel and Natalie Aviles, and Aviles' two neighbors, Lori Aviles, 47, and Natalie Aviles, 20, who are unrelated to Monica Aviles' family.
Natalie Aviles was a nursing student at Temple College and was "Miss McGregor" for two years.
According to investigators, Monica Aviles and her children were killed inside their home where Jaimes-Hernandez also lived. Lori Aviles was shot while taking out her trash, and Natalie Aviles was killed as she prepared to leave for school.
On Tuesday, McLennan County District Attorney Josh Tetens emphasized the financial burden of this case on taxpayers, citing the high costs associated with expert witnesses, legal defense, and the state's responsibility for appeals, which could span decades.
"Experts cost thousands of dollars, defense cost thousands of dollars," Tetens told Waco news outlet KWTX. "The state is responsible for future appeals, which will cost thousands of dollars. Over the case's entirety, it could definitely be in the millions and could take decades."
Newsweek reached out to Tetens and a lawyer for Jaimes-Hernandez by email for comment.
The Context
The shootings happened on September 29, 2022, in the 900 block of Monroe Street in McGregor.
According to police reports, Jaimes-Hernandez was involved in a drive-by shooting at a neighbor's house before the killings. The neighbor, who was not injured, witnessed the suspect firing shots from a gray Chevrolet pickup and called the police.
Jaimes-Hernandez was later shot by McGregor police and taken to the hospital. He was left paralyzed.
He remains in custody under an immigration detainer, ensuring that Immigration and Customs Enforcement (ICE) will take custody if he is released from jail.
Last week, José Antonio Ibarra, a 26-year-old Venezuelan who entered the United States illegally, was sentenced to life in prison without the possibility of parole for the murder of 22-year-old Gerogira nursing student Laken Riley.
The case ignited a debate over illegal immigration after ICE confirmed Ibarra was not a U.S. citizen and had been released into the country despite being caught crossing the border.
In response, the House of Representatives passed the Laken Riley Act on March 7, mandating federal detention for illegal immigrants involved in burglary or theft.
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