Farmington police lash out at judicial system over suspect's release prior to stabbing

The Farmington police chief blasted the judicial system’s handling of competency cases after a man was released from jail six days before allegedly stabbing an elderly woman in the Four Corners city.

In a statement, Chief Steve Hebbe said, “Every one of us should be sick of the repeated excuses, rationalizations, and denials that there is a problem.”

It began in a July 23 hearing, when George Schwerin was found incompetent to stand trial on driving while intoxicated and auto theft charges.

Prosecutors said they lacked “sufficient evidence to warrant a dangerousness finding,” which shows an individual poses a risk to themselves or others, another avenue to keep Schwerin off the streets.

“The parties stipulated that the Defendant is not dangerous,” according to a final competency determination filed in 11th Judicial District Court. “There is no further action or proceedings the Court may lawfully take under the circumstances.”

The court said community-based competency restoration programs “do not currently exist” and the case was dismissed.

Less than a week after Schwerin was released, on Aug. 7, he allegedly stabbed a 69-year-old woman more than 20 times outside a motel, according to a criminal complaint filed in Magistrate Court.

On Monday, Hebbe said he was disappointed and frustrated that Schwerin was released after being found incompetent and missing multiple court hearings.

“Competency is a huge issue when serious charges are simply dismissed as a result,” Hebbe said. “Repeatedly failing to show up for court and getting released again is a disgrace.”

The chief said in the statement that the stabbing “should trigger a thorough review of our justice system to find out how this keeps happening.”

Brian Decker, chief deputy for the 11th Judicial District Attorney, said that his office believed Schwerin was competent enough to stand trial in the prior case, but the court disagreed.

Decker said that with dangerousness findings, there has to be enough information from previous cases to prove a person would be a threat to the public. Court records show almost all the previous cases against Schwerin, who is listed as “homeless” in documents, were nonviolent and drug-related.

“The standard that we have to prove isn’t necessarily just that they’re somewhat dangerous,” Decker said. “We have to prove that, by clear and convincing evidence, that they present a serious threat of murder, inflicting great bodily harm on another person, committing criminal sexual penetration, aggravated arson…”

The motive for the attack, which left the woman hospitalized with severe injuries, is unclear.

Last Thursday, officers were dispatched around 6:30 a.m. after receiving a call that a woman had collapsed outside the Journey Inn, according to a news release from Shanice Gonzales, spokesperson for FPD.

Gonzales wrote the woman was airlifted to Albuquerque “due to the severity of her injuries” — a collapsed airway and stab wounds to her head, neck and chest.

Officers found Schwerin inside the hotel with blood all over his clothes and took him into custody. Police saw blood stains on the bed, floor and door of a hotel room and saw a knife covered in blood, according to the criminal complaint.

When an officer tried to speak with Schwerin, he “spoke to me like a child,” the complaint states. Officers asked if Schwerin had any mental health issues, to which he responded “yes,” but would not go into detail.

Prosecutors have sought to keep him behind bars in the stabbing case.

“Given (Schwerin’s) aggressive conduct and prior criminal record, the State believes clear and convincing evidence exists (that) there are no viable conditions of release to reasonably ensure the safety of any person or the community,” according to the motion to detain.

Court records show the woman who was stabbed by Schwerin was also found not competent to stand trial in a 2024 case in which she reportedly spat on a Farmington police officer. As a basis for the finding, the woman’s defense attorney wrote she’d had “past mental health issues ... and does not understand proceedings.”