Charges in death of Battle Ground boy, 3, delayed for mental evaluation

The arraignment for a Battle Ground man accused of killing his girlfriend’s 3-year-old son was pushed back a second time Tuesday so that the man’s attorney can decide whether he will pursue an insanity defense.

Ricardo Gutierrez’s defense attorney, Ed Dunkerly, asked to delay formal charges in Clark County Superior Court for at least three months while his client is evaluated and he speaks with experts. Written notice of an insanity defense must be filed at the time of arraignment or within 10 days after, according to state court rules.

The prosecution earlier filed charges of first-degree domestic violence murder and second-degree domestic violence assault against Gutierrez, 39, who allegedly beat and stabbed Jose “Pepe” Castillo-Cisneros to death May 23 at their Battle Ground home.

Clark County Prosecuting Attorney Tony Golik, who is handling the case, did not object to the second set over.

Judge Robert Lewis granted the waiver of speedy arraignment and set the new date for 9 a.m. Sept. 19. There also will be a review hearing 9 a.m. Aug. 1.

Court records say Gutierrez, who was not the boy’s father, attacked Pepe after the child became upset over a movie he didn’t want to watch.

The assault charge stems from injuries the boy’s mother, Yadira Cisneros-Sanchez, sustained while trying to stop Gutierrez. She suffered injuries to her leg, arm and neck, police said.