LARNED – A Great Bend man with intellectual disabilities is on supervised bond in the custody of his legal guardians pending involuntary civil commitment proceedings stemming from a July 2024 incident at the Larned Municipal Swimming pool.
Pawnee County Attorney Douglas McNett said Avian Rincones, 35, of Great Bend appeared Wednesday afternoon in Pawnee County District Court to determine his competency to stand trial.
Rincones voluntarily turned himself in to the Pawnee County Sheriff’s Department on July 24, 2024 after his legal guardians were advised that charges had been filed and no-bond arrest warrant issued following an investigation by the Larned Police Department regarding an incident at the Larned pool July 11, 2024.
Rincones was interviewed at the scene, but no arrest was made due to concerns with his mental capacity.
Agencies assisting with the investigation included the Pawnee County Sheriff’s office, Kansas Bureau of Investigation and the Child Advocacy Center.
Once the investigation was completed, the case was turned over to the Pawnee County Attorney’s Office for criminal charges.
Rincones was charged with two counts of aggravated criminal oral sodomy of a child under the age of 14 and one count of aggravated indecent liberties with a child under the age of 14.
If convicted of the charges, Rincones would face a mandatory 25 years to life sentence under Jessica’s Law sentencing provisions based on the age of the alleged victim. He would also be subject to registration as a sex offender under the Kansas Offender Registration Act.
On Wednesday, after hearing the testimony of the court-assigned forensic evaluator and arguments of counsel, District Judge Bruce Gatterman found Rincones not competent to stand trial. Gatterman further found that due to the nature of the defendant’s mental defect there was not a substantial probability of him attaining competency to stand trial in the foreseeable future.
Based on this finding, the Court entered an order directing the Secretary of the Kansas Department of Aging and Disability Services to commence involuntary commitment proceedings.
McNett explained that under Kansas law, a person is “incompetent to stand trial” when such person is charged with a crime and, because of mental illness or defect is unable: (1) to understand the nature and purpose of the proceedings against such person; or (2) to make or assist in making such person’s defense.
Pending the civil commitment proceedings, the defendant will remain on a supervised bond in the custody of his legal guardians subject to standard reporting and house arrest conditions.
