Attorneys file request to evaluate Driver’s competency

Robert Perea, The Fernley Reporter

Attorneys representing Troy Driver have filed a motion asking for an evaluation of whether he is competent to stand trial for the kidnapping, sexual assault and murder of Naomi Irion.

Attorneys Mario Walther, Richard Davies and Moria Desmarais filed the motion in Canal Township Justice Court on July 26, asking for an order to remit the case to Third Judicial District Court in Yerington for an Order for Competency. They also asked that all further court proceedings be suspended until Driver’s competency is determined.

In the motion, Driver’s attorney’s said they believe that Driver may not be able to aid and assist in his defense with a reasonable degree of understanding, Under NRS, a person is considered incompetent when he or she doesn’t have the ability to understand the charges against them or understand the nature and purpose of the court proceedings, or aid and assist council in the defense with a reasonable degree of understanding at any point during the proceedings.

Under Nevada Rules of Professional Conduct, the cause of a determination of incompetency must remain confidential.

Driver’s attorneys also amended their motion to dismiss the murder charge in Lyon County to include the sexual assault, and waived arraignment on that charge.