By
Hillary Davis
Arizona Daily Wildcat
Man accused of stabbing gay UA student may not be competent enough to stand trial
The man accused in the February stabbing of a gay UA student is being evaluated at a state mental hospital to determine if he is competent enough to stand trial.
Gary Grayson, 37, was charged with attempted first-degree murder and two counts of aggravated assault for the Feb. 6 stabbing of Zach Hansen, a University of Arizona philosophy junior.
However, Grayson's trial has been stayed until at least January, pending the outcome of a mental health evaluation, said Pima County prosecutor Sue Eazer.
"The defendant's attorney filed a motion for the defendant to be evaluated for competency," Eazer said.
Grayson is being held at Arizona State Hospital in Phoenix, where he is being treated by a team of doctors, including psychologists and psychiatrists, who will issue an official report in January that will determine whether or not Grayson is mentally competent.
Incompetence differs from insanity because an incompetent person may not necessarily be considered insane. An incompetent person - such as a child or mentally disabled person - lacks the mental capacity to understand the basic legality of his or her situation, or assist in his or her own defense.
Kevin Finn, Grayson's attorney, filed the motion on Grayson's behalf after he determined Grayson showed a lack of complete mental faculties.
"He wasn't able to adequately assist me in his defense because of some mental health issues," Finn said.
Finn said that based on the nature of the crime and his interaction with Grayson, the defendant "screamed out" for his mental health to be evaluated.
Grayson's mental health was initially evaluated about two months ago, and he failed to show competency then, so Finn suggested that Grayson be treated at Arizona State Hospital in an attempt to restore his competency.
If Grayson is not found competent, he may stay longer at Arizona State Hospital or be civilly committed in a non-criminal institution. But if he is found competent enough to stand trial, he could receive seven to 21 years for attempted murder if convicted, Eazer said.
In addition, Grayson faces counts of aggravated assault with a deadly weapon and aggravated assault causing serious physical injury. Both crimes carry a five to 15-year penalty but would be served concurrently, Eazer said.
Eazer said the stabbing is being viewed as a hate crime, but sentencing enhancements for specifically-designated hate crimes are unclear.
However, Eazer said all hate-related crimes are given "special treatment" by the Pima County Attorney's Office and are pursued aggressively.
The assault took place at the Rainbow Planet Coffee House, 606 N. Fourth Ave., on the night of Feb. 6 while Hansen sat on the patio with friends. Hansen suffered a single stab wound to the back.
Grayson was reported by witnesses to have shouted, "God hates faggots," and "Let this be a warning to the gay community," during the attack.
