By Cy Ryan

Thu, Nov 20, 2008 (1:59 p.m.)

CARSON CITY -- A man convicted of a “black magic” killing in Las Vegas is going to get a new trial because of questions about his sanity, the Nevada Supreme Court has ruled.

The court ruled that District Judge Joseph Bonaventure should have held another hearing about the sanity of Reyes M. Olivares before going trial, even though the defendant had twice been sent to a state mental hospital for treatment.

Olivares, now 41 and confined to the Lovelock Correctional Center, was sentenced to 40 to 100 years for the fatal shooting in June 2002 of his construction foreman Vaughn Russell, who he believed had made “black magic attacks” on him.

After the arrest, there were questions about the sanity of Olivares to stand trial. Twice he was sent to Lake’s Crossing, the state mental center in Sparks for those accused of crime.

He was returned both times to Las Vegas after two of the three psychiatrists believed he was competent to stand trial.

Olivares then started to believe his defense lawyer had joined with the prosecution to convict him. There were numerous hearings and Olivares pleaded innocent by reason of insanity.

A defense motion to hold another hearing on the sanity of Olivares before trial was denied.

Three years after the killing, Olivares was convicted of first-degree murder.

Justice Michael Cherry, who wrote the decision, said that “when doubts have been raised as to a defendant’s competency to stand trial, the district court has an obligation to hold a hearing to fully consider those doubts to determine whether further competency proceedings … are warranted.’’

Cherry said it was “an abuse of discretion” on the part of the judge to decline to hold that hearing on the competency issue.

The court directed Judge Bonaventure to conduct a competency hearing and then go to trial if Olivares is found sane.

Cy Ryan may be reached at (775) 687 5032 or cy@lasvegassun.com.