TYLER, TX (KLTV) - TYLER, TX (KLTV) - The case of Byron Truvia, the teenager accused of killing his John Tyler teacher in September, is in the hands of an appeals court Thursday night.
Truvia was set for a hearing Thursday afternoon in juvenile court to determine whether he will be tried as an adult.
Truvia's attorney filed a motion to delay the process because he feels Truvia has not been given a full diagnostic study, something his attorney says is badly needed. Attorney Jim Huggler says that Truvia has told him things that prove he is not ready to be tried.
"A client can rapidly decompensate, and become unfit to proceed," said Huggler. "If my client believes that JFK is the governor of the state of Texas, and at the end of a hearing, he can be executed in court, he is not fit to proceed."
The judge denied both of Huggler's requests, so Huggler has filed a motion for emergency relief from the court of appeals. That court can require the judge to allow the diagnostic study on Truvia to be done. But, if the appeals court does nothing, Truvia's hearing will go forward as planned Thursday morning, and we will have a reporter in the courtroom for that.