BRIGHAM CITY — The case of a man accused in the fatal stabbing of his girlfriend is on hold again due to renewed concerns about his mental competency to stand trial.

Jose Gutierrez-Torres, 43, has been in custody since the March 3, 2019, death of Maria De Jesus Cervantes. He was declared incompetent to stand trial that year and sent to the Utah State Hospital in Provo for competency restoration.

The hospital reported this summer that his condition had improved sufficiently for the case to resume, and a preliminary hearing was scheduled. But last week Gutierrez-Torres’s public defender, Michael Studebaker, filed a motion requesting a new psychiatric review.

“Since being placed back in the Box Elder County Jail, the defendant has had increasingly audible hallucinations and hears voices on an increased basis,” the motion said. “He appears to be losing any ground that was restored.”

First District Judge Brandon Maynard set a Dec. 19 update hearing on the matter.

Gutierrez-Torres, of Bothwell, is charged with first-degree felony murder and class A misdemeanor unlawful possession of a dangerous weapon in the death of Cervantes, 53, at their home.

Police alleged in a probable cause statement that Gutierrez-Torres stabbed Cervantes multiple times in the neck, then stabbed himself in the throat. Officers said Gutierrez-Torres was “covered in blood” when they arrived after being alerted by relatives of the woman. They found a steak knife near the body.

Utah criminal code procedure says a defendant must be able to have a rational and factual understanding of the charges, court proceedings and potential punishment, and to be able to participate in the defense.

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