Suspect in Mobil gas station murder case found incompetent to stand trial after threatening judge in court

'Sir, I'm threatening your life exactly by looking at you right now,' murder suspect Joseph Bova said to the judge.


Joseph Bova (Photo by Jonathan Simmons)
Joseph Bova (Photo by Jonathan Simmons)
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The suspect in the 2013 murder of Mobil gas station clerk Zuheily Rosado threatened, rambled and complained April 11 in a pretrial hearing, saying that if he didn't get what he wanted, people in the courthouse would die.

The attorney for suspect Joseph Frank Bova had just gotten through telling Judge Dennis Craig that Bova had not been talking his medications in jail and that doctors had therefore not been able to evaluate him for competence. The defense wanted Bova returned to a state psychiatric hospital, where Bova could be forced to take his medication and carefully monitored. The State Attorney's Office agreed.

The judge asked Bova if he'd been cooperating with the doctor. Bova said, "President Barack Obama is of the opinion, sir, that you should let me out of this building here."

Bova spoke loudly and looked directly at the judge, but before replying to the judge's questions, he would often drop his head and look at the floor, leaving a long pause before speaking. Some of his words slurred together and were incomprehensible. His hair was long and unkempt.

Judges have alternately found Bova competent and incompetent to stand trial. He's been diagnosed with schizophrenia and ordered to a state psychiatric hospital for treatment and evaluation.

But prosecutors also at one point called as a witness a psychologist who said he'd seen signs of malingering in Bova, who'd told the doctor that he hoped to be found incompetent so he would not have to stand trial. Circuit Judge David Walsh found Bova competent after that testimony.

In the courtroom April 11, Bova threatened Craig as Craig asked him if he felt he was competent to stand trial.

"I'm looking for bail immediately, or I'm looking to be let out not guilty immediately, sir, or there's going to be a serious problem," Bova said.

"My question: Is do you feel that you would be competent as opposed to incompetent," the judge said.

There was a long pause as Bova stared at the floor.

"Sir, there's going to be a death toll of at least four people in this building today if you do not get me out of this building," he said. 

The judge asked him if he understood the question. 

"Sir, I'm threatening your life exactly by looking at you right now," Bova said. He continued, saying that he was being held hostage, that he was not read his rights the way he had been when he was arrested.

The judge tried again, asking him if he thought the competency issue was just a delay tactic, as Bova had said earlier in the conversation.

"You have seven seconds to respond the way you're supposed to, Sir," Bova replied.

This continued, with Bova repeatedly threatening the judge and other people, and calling the judge's questions "irrelevant."

Finally, the judge said, "So you understand my questions, you just don't want to answer them, is that what you're saying?" 

The judge was saying he'd go ahead and follow the recommendation to find Bova incompetent when Bova interrupted him.

"Sir, I said I was held hostage, you have to let me out of here, Sir," Bova said. "I'm held hostage."

"You said that at least five time," the judge said.

"So why didn't you respond to it like a normal adult?" Bova said. 

"I heard you the first time."

"Well, why didn't you respond?"

Craig found Bova incompetent. 

 

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