![](https://davisvanguard.org/wp-content/uploads/2021/10/Stanislaus-Courthouse-765x510.jpg)
By Nora Dahl & Haoming Yang
MODESTO, CA– Samantha Weaver faced felony charges here this week for spitting at an EMT worker when she was called into Stanislaus County Superior Court—but she walked away because her defense and the judge believe she may not be competent to stand trial.
Weaver was accused of violating the terms of her probation for a previous undisclosed felony. The woman was eventually found by police suffering from a seizure.
Police said they witnessed Weaver spit directly in the face of an EMT worker
Weaver’s attorney said that he is “unsure of how to set Weaver’s case,” claiming Weaver is not mentally competent and should undergo a psychiatric evaluation before any further case hearings take place.
The attorney asked if his client could be “evaluated under the 1368 penal code,” which allows a judge who suspects an accused is not mentally competent to state it on the record and order a hearing to determine if the accused is, in fact, incompetent.
Defense counsel argued he believes that Weaver is unable to understand the nature and severity of the proceeding and her crimes, calling her “incompetent.”
Judge Ricardo Córdova, actively listening to Griffin’s plea, appeared to ponder the defense request for a moment. Finally, after a moment of silence, Córdova ruled to suspend the proceeding.
Weaver’s probation was temporarily revoked. Judge Córdova, however, warned that this current suspension was not a “free card” for Weaver, who must undergo a psychiatric evaluation as soon as possible.
The next hearing was set for May 10. Córdova stated the accused must comply with the terms of the court, and appear again in Stanislaus County Superior Court Department 8 at 8:30 a.m. on this date.