Vigil is incompetent to proceed in murder trial
DA Kelly files motion for second evaluation
ALAMOSA — Nathan Vigil, who has been charged with murder in the second degree and other felonies in connection with the 2020 murder of Jon Woodman, appeared in court on Tuesday following a question of his competency being previously raised by defense counsel.
Vigil was subsequently evaluated by a doctor with the Colorado Institute of Mental Health in Pueblo (CIMHP). Dariel Weaver, defense attorney for Vigil, informed the court that the doctor with CIMHP has determined that Vigil is incompetent to proceed.
Twelfth Judicial District Attorney Anne Kelly, who is prosecuting the case, stated that she just received the results of the evaluation last night and will be filing a motion for a second evaluation to be conducted.
Kelly also informed the court that she will be filing a motion requesting all documents involved in the evaluation, including what documents the CIMHP doctor reviewed as well as any recordings with Vigil that the doctor used in his evaluation.
The defense council indicated that they wanted to see what was listed in the motion but did not anticipate objecting to providing the DA with the materials.
Judge Kimberly Cortez, who is presiding in the case, is currently presiding over a murder trial in Rio Grande County that’s scheduled to last 10 days. Visiting Judge Leslie Gerbracht is presiding in Vigil’s case in the interim.
All agreed that any subsequent proceedings should be heard by Judge Cortez, resulting in a status hearing set for Oct. 17. Currently, Vigil is scheduled to go to trial on Oct. 20. Although that trial date was not vacated, the evaluation of incompetency with a second evaluation scheduled indicates the trial will not be held at that time.
Vigil is currently facing charges of murder in the second degree (felony 2), theft (misdemeanor 2), tampering with a deceased human body (felony 3), tampering with physical evidence (felony 6), and aggravated motor vehicle theft (felony 5) — being bound over to district court.
Alamosa County Sheriff’s Office said deputies responded to 4951 County Road 9 South on July 11, 2020, after family members expressed concern that they had been unable to reach Woodman, 64, who was last seen on July 3.
While at Woodman’s residence, ACSO deputies contacted Vigil, who was living in Woodman’s house at the time. Vigil told deputies Woodman was in Pueblo but refused to allow deputies on the property to verify this information.
Deputies began investigating Woodman as a missing person. On July 12, ACSO deputies were called to Woodman’s for a disturbance in progress. Once on scene, deputies were in contact with members of Woodman’s family who had entered the property and located a buried body near the residence. The body was later identified as Woodman.
With assistance from the Colorado Bureau of Investigation, Vigil was identified as a suspect. He was already in custody of the Colorado Department of Corrections on unrelated charges.