Competency tests ordered in request to withdraw plea

By Matt Pordum

Tuesday, June 15, 2004 | 9:37 a.m.

A hearing to determine whether a man who pleaded guilty to killing a Las Vegas father could withdraw his plea was postponed on Monday so tests could be performed to determine his competence.

District Judge John McGroarty was scheduled to hear arguments and issue a ruling on whether Omar Robles, 23, could withdraw his guilty plea to first-degree murder and attempted murder with use of a deadly weapon for the killing of Nazario Rios-Olivera, 39, and shooting of Ricardo Barragan.

Robles attorney, John Momot, said his client wanted to withdraw his guilty plea because he did not "understand the full parameters" of the plea agreement he entered with prosecutors.

Momot said although Robles previously underwent a psychological evaluation, he never had his IQ tested to determine his intelligence level.

"He (Robles) suffered injuries to his head after falling from a building," Momot said. "He (Robles) can understand me, but I have to repeat myself several times and talk very slowly to him (Robles). He (Robles) doesn't read or write. My position is I have a client who is retarded."

Chief Deputy District Attorney Chris Owens said whether there should have been an IQ test given should be something handled in the way of a post-conviction appeal.

McGroarty ordered the test be administered, but did say he remembered Robles' mother, other family members and his former attorney advised Robles that the plea agreement was in his best interest.

Authorities say Robles was trying to shoot Barragan when he opened fire in an alley in the 1300 block of North 13th Street. Rios-Olivera was caught in the crossfire as he shielded his daughter from the bullets. He had been helping her put her bike away in a nearby apartment complex.

Robles also pleaded guilty to one count of attempted murder with use of a deadly weapon for shooting Ricardo Barragan in the leg.