Guerrero, 39, appeared Feb. 1 before San Diego Superior Court Margie Woods for a judicial ruling of his mental competency, but his lawyer won a three-week delay to review the hospital’s report.
Woods set another hearing for Feb. 22 and criminal proceedings remain suspended. Guerrero was returned from Patton State Hospital on Jan. 19 and he remains in the central jail without bail.
Deputy District Attorney Mackenzie Harvey said Wednesday the hospital made “a finding that he’s mentally competent” and this has to be confirmed by a judge.
The first victim was Angelo DeNardo, 53, who was attacked where he was sleeping under the Interstate 5 bridge near Mission Bay on July 3, 2016. An autopsy determined he died before his body was set on fire.
Shawn Longley, 41, was found dead in Ocean Beach on July 4 and Dionicio Vahidy, 23, died July 10, four days after he was mortally wounded downtown.
The prosecutor said one surviving victim had a railroad spike cut into his sinus cavity and he was left blind in the Midway District. The fifth victim in Golden Hill was also attacked with a railroad spike. She said police found railroad spikes and a mallet in Guerrero’s downtown apartment, along with identification from two victims.
Special circumstance charges alleging Guerrero committed multiple murders have been filed that could allow the DA’s office to seek the death penalty.
Guerrero’s attorney, Dan Tandon, said Guerrero had “extensive mental health history.” He had been to Patton for a short time in 2009 after he was charged with stealing a bicycle from a homeless woman and knocking her down.