Damian Herrera, 27, was found competent July 6 and is scheduled to stand trial Oct. 2 in the death of Michael Kyte, a retired U.S. Forest Service archaeologist.
While the state Supreme Court upheld Damian Herrera s murder convictions, it remanded the case to the First Judicial District Court to vacate either his conviction for resisting, evading or obstructing
A judge determined during a hearing Monday that Damian Herrera, 27, will remain at New Mexico Behavioral Health Institute until a hearing to examine evidence of his mental competency.