TYLER, TX (KLTV) - It has been three and a half months since Todd Henry was killed while teaching a class at John Tyler High School. If things go as expected at a hearing later this week, it will be another three months before his accused killer will face a jury. We learned Monday that Byron Truvia is not fit to stand trial just yet.
But, the difference this time is, since the last hearing, the court, the prosecution, and the defense have all been provided with an evaluation of Truvia that was done by a forensic psychologist. That evaluation says that Truvia is not fit to proceed.
Another hearing has been scheduled for Friday, and Truvia's attorney says that he expects both sides to agree on the assessment, and that Truvia will be sent to a state mental hospital for 90 days, during which time more evaluations will be done.
Truvia's attorney also says Truvia's mother has known that her son needed special care for a long time, and that this won't be his first time to have this kind of care.
"He had been through a couple of facilities in New Orleans, one of which was shut down by Katrina [and] the other lost all their records as a result of Katrina," explained James Huggler. "[He has a] lengthy mental health history, and that continued once he got here to Texas."
Huggler says that after that 90 days, if doctors at the hospital believe that Truvia is fit to proceed, the trial process will resume. But, Truvia will stay in the state's care until he is fit to proceed, and Huggler says that could take years.
Huggler added that the family is very happy with the decision because they know that something is wrong with Truvia, and want to make sure he gets the best treatment possible.