A hearing is under way in Castle Rock to determine whether a man accused of dragging his girlfriend to death behind a car is mentally retarded.
If a judge rules that Jose Luis Rubi–Nava is mentally retarded, he can not be sentenced to the death penalty if convicted.
Rubi–Nava is charged with first degree murder and second degree kidnapping in the death of 49–year–old Luz Maria Franco Fierros. Rubi–Nava is a Mexican citizen, as was Franco Fierros. She was killed in September 2006 in Castle Rock.