FRESNO, Calif. (KFSN) -- The case has been dismissed against a man accused of hitting an unhoused woman with his truck and dragging her body eight miles before fleeing the scene.
The crash happened around 1 a.m. on May 13th, 2022.
Police say 38-year-old Shawn Ginder was driving his truck off of Herndon and Milburn Avenues when he struck 29-year-old Monique Contreraz before dragging her body nearly eight miles.
Ginder stopped at a northwest Fresno Hotel and tried to check in.
Officials say he left her body in the parking lot before fleeing the scene.
Police eventually tracked down Ginder at a Bass Lake cabin.
When they tried to arrest him, he jumped from a third-story window, causing serious head trauma.
Now, due to his physical and mental state, the Fresno County Superior Court has dismissed the case, deeming him incompetent to stand trial.
"What happens is the expert said, we don't believe that he will ever be restored, that he will ever be in a position where he can understand the process and assist his attorney in the prosecution. Therefore, we don't believe he will ever be restored to competency," said Assistant District Attorney Fresno County Steve Wright.
It was early into the court proceedings when Ginder's attorney flagged his mental incompetency, which was later verified by two court-appointed psychologists.
The DA's office tells Action News that he was then sent to a local mental health facility for treatment, before experts ultimately determined he was incapable of ever regaining that capacity last month.
"Very tragic, very sad case, and I feel for the victim and her friends and her family. Unfortunately, because of Mr. Ginder's condition, we can't prosecute him at this time. That doesn't mean that it wasn't a terrible crime, and there is a victim who is tragically killed during an incident. But, unfortunately, our hands are tied when it comes to prosecuting him criminally," said Wright.
Contreraz's family is outraged, calling this decision an injustice.
In a statement to Action News, they say in part:
"Ginder's current condition is the result of his own actions, and now that very act becomes his shield against prosecution? That should outrage every member of this community."
This is not Ginder's first run-in with the law.
He's had three prior DUIs, one a hit-and-run causing property damage.
ABC30 Legal Analyst Tony Capozzi says there is still one question that remains unanswered.
"My concern if he is released into the general public. He's not incarcerated, no restriction whatsoever, my concern would be, is he a threat to the community," says Capozzi.
We posed that same question to the Assistant District Attorney, Steve Wright.
"I can't speculate. I don't want to go out on a limb and say whether he is, or he is not a danger, because of his mental issue. There's nothing more that the criminal court can do," says Wright.
According to the district attorney's office, Ginder is currently immobile and unable to drive.
They told Action News if one day he regains his mental capacity, they are prepared to refile the charges.
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