Hearing begins to examine possible mental retardation in dragging death case

DOUGLAS COUNTY - An evaluation hearing began Monday morning in the case of a man accused of dragging his girlfriend to death behind a truck.

Jose Rubi-Nava, 36, pleaded not guilty to murder and kidnapping in August following the death of his girlfriend, Luz Maria Franco Fierro, 49. He faces first-degree murder and second-degree kidnapping charges. The Douglas County District Attorney's Office decided in October 2007 to seek the death penalty.

The hearing which began on Monday and is expected to last for several days will determine whether Rubi-Nava is mentally retarded as the hospital where he was evaluated will report their findings.

Under Colorado law, if Rubi-Nava is found to be mentally retarded, he cannot face the death penalty.

In March 2007, Rubi-Nava's attorney, Tamara Brady, said she wanted to look into "probable issues of mental retardation" with her client.

After both sides present their arguments in this week's hearing, the judge will then rule whether Rubi-Nava is mentally retarded.

According to the 18th Judicial District Attorney's office, "in order for an individual to be found legally mentally retarded three factors must be met: the person must have an IQ below 70, the mental retardation must manifest itself before the defendant has reached the age of 18, and there must be significant deficiencies that impact major life functions."

Franco Fierro's body was found in a subdivision near Castle Rock in September 2006, along with a trail of blood more than a mile long. An autopsy report said she died from strangulation and massive head wounds.

Investigators have said Rubi-Nava told them he had dragged Franco Fierro behind his car after a violent argument, when he accused her of seeing other men and she told him, "You're worthless as a man. That's why I have other men."

Both the suspect and the victim were from Mexico. Authorities have said Rubi-Nava was in the country illegally and he also faces charges of possessing and using fraudulent government documents.

Investigators said they found a photo of Rubi-Nava at the crime scene, which led to his arrest.