PHOENIX — Family members of a man accused of killing his mother and 7-year-old niece want him put back behind bars, or at least tried for his crimes in Maricopa County. Instead, he's living in a group home somewhere in the Valley, having never appeared before a jury.
"For him to be out is a little ridiculous," Charles Watson, a family member, said during a press conference Monday.
Rodney Aviles is accused of beating his mother and niece to death in 1999. He was arrested and indicted by a grand jury. He's been charged in court three separate times since then but was found incompetent to stand trial each time.
Three times he was returned to the Arizona State Hospital for treatment, three times he was released, and then returned for more treatment.
Last month, he was released a fourth time to a group home.
"This could be very hard for another family if (he) does something again," family member Sam Watson said.
According to court records, doctors at the Arizona State Hospital (ASH) said Aviles was recovered and no longer a danger to himself or the community. A judge agreed and ordered him released from the hospital to an outside home.
But at the same time, the courts have also ruled that Aviles cannot understand the murder charges against him or help in his own defense, which is essentially the definition of competency.
So legally, Aviles is well enough to live with minimal restrictions in the community, but not well enough to go to trial for murder.
“Not securing individuals who do have mental health issues is not a kindness to them," Maricopa County Attorney Rachel Mitchell said at the press conference Monday, "nor is it safe to the community."
Mitchell said Aviles is existing within a gray area of the law, one that she needs additional evidence to get him out of. It's evidence that Mitchell said she doesn't have.
“I do not have evidence to go back to the court to say that he is now competent to stand trial," Mitchell said. "And, in fact, I have evidence to the contrary.”
According to court records, more than one doctor who examined Aviles said he was schizophrenic and may never be restored to competency.
The chief medical officer at the Arizona State Hospital said Aviles had progressed in his treatment to the point where he should be allowed to leave the hospital. She also told the court there was no reason to do a risk assessment on Aviles, as he is a civil patient, not a criminal one.
State Sen. Anthony Kern, R-District 27, who called Monday's press conference, said he wanted Gov. Katie Hobbs and Attorney General Kris Mayes to do something to fix the system. The Aviles family just wants to know they're safe from him.
They said Monday they're worried Aviles might come for them. They're even more worried now that they've spoken out.
"We're in fear," Sam Watson said. "We're constantly looking over our shoulder."