Reviewing a psychologist’s report, a Solano County Superior Court judge on Monday ruled that the woman accused of the July DUI-related killing of Vacaville Police Officer Matthew Bowen was mentally incompetent to stand trial.
In accord with Penal Code section 1368, criminal proceedings, thus, remain suspended against Serena CJ Rodriguez, but Judge Wendy Getty referred the matter referred to a company providing mental health services to hospitals, community agencies and courts, MHM Services. It operates a secure facility in Vallejo.
The judge then scheduled a placement hearing for Rodriquez at 8:30 a.m. Nov. 24 in Department 8 in the Justice Center in Fairfield.
The so-called “1368 doctor’s report” was completed by Sacramento-based psychologist Janice Nakagawa, who examined the defendant.
It is unclear from the report’s findings what MHM Services likely will recommend for Rodriguez. Typically, however, defendants found to be mentally incompetent, that is, unable to aid in his or her defense, may confined to a jail-based competency program or housed in one of five facilities operated by the Department of State Hospitals until competency is restored.
Under the law, a defendant who is found to be mentally incompetent cannot be tried. Once determined to be competent, however, the defendant can face more legal proceedings, including a jury trial.
In the meantime, proceedings remain suspended against Rodriguez, who remains without bail in Solano County Jail in Fairfield.
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During the proceeding, at which Rodriguez, 24, was present, Chief Deputy Dan Messner represented her and Deputy Public Defender Yisha Fan served as co-counsel. Chief Deputy Paul D. Sequeira represented the District Attorney’s Office in the high-profile case.
Several Vacaville police officers were seated in the public gallery during the morning proceeding as were relatives of Matthew Bowen, the officer Rodriguez is charged with killing while he was making a roadside traffic stop.
A previously reported, during a scheduled July 22 arraignment hearing in Department 1, Rodriguez, shackled and clad in a jail jumpsuit, her head newly shorn, sat at the defense table, her back to the public gallery. It was filled to standing-room-only capacity with dozens of Vacaville police officers, other department employees, Sheriff deputies, Bowen’s relatives, and District Attorney Krishna Abrams.
Messner then appeared to tell Judge Jeffrey C. Kauffman that his client denied all allegations and enhancements. Rodriguez, however, began to interrupt him, asking for private attorney-client conference. The judge allowed it, and Rodriguez and Messner left the courtroom for an adjacent smaller room. Kauffman returned to his chambers.
Nearly a half-hour later, Kauffman called Messner and Sequeira into his chambers for a discussion about a “Marsden hearing” — a defendant’s motion to fire a court-appointed attorney, claiming the attorney is providing ineffective help or the attorney has a conflict with the defendant.
The judge cleared the courtroom to hear Rodriguez’s claim.
At about 2:30 p.m. everyone returned to the courtroom, and Kauffman denied Rodriguez’s request for substituting a new attorney. Messner asked that criminal proceedings be suspended until the “doctor’s report” is completed.
Rodriguez’s July 22 hearing came one day before Bowen’s memorial service at The Father’s House in Vacaville.
The criminal complaint, filed July 15, indicated Rodriguez, who is 5 feet 1 inches tall and weighs 100 pounds, is charged with first-degree murder.
Additionally, under the murder charge, Rodriguez faces three enhancements: the killing of a police officer engaged in the performance of his duties; a special allegation of using a deadly weapon, her vehicle; and using a deadly or dangerous weapon, a motor vehicle.
Bowen, 32, was struck shortly before 11 a.m. July 11, when one vehicle struck another at Leisure Town Road and Orange Drive in Vacaville. Several officials indicated online that he had died by 3:30 p.m. at Kaiser Permanente Medical Center in Vacaville.
The California Highway Patrol released a press statement later in the day, indicating that Rodriguez allegedly was under the influence of drugs when she was taken into custody after the collision. She fled on foot but was detained by a passerby and booked into Solano County Jail on suspicion of murder and driving under the influence causing injury and/or death.
Friends and family of Officer Matthew Bowen look at the new memorial sign unveiled at the Horse Creek Soccer Complex on Friday in Vacaville. (Chris Riley/The Reporter)
Bowen, who joined the department in June of 2023, is survived by a wife and two sons, according to a statement from the Vacaville Police Department. Both children are under the age of 3, according to a friend of the family, who also noted that Bowen lived in Dixon. He also is survived by his parents and a brother. He previously served as a member of the Concord Police Department.