Hearing Under Way for Man Accused of Dragging Woman to Death

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Castle Rock, Colo. (AP) A hearing resumed Tuesday to determine whether a man accused of dragging his girlfriend to death behind a car is mentally retarded.

Thirty-seven-year-old Jose Luis Rubi-Nava is charged with murder and kidnapping in the September 2006 death of Luz Maria Franco Fierros near Castle Rock.

An autopsy report said the 49-year-old woman died from strangulation and massive head wounds.

At a hearing in January, a state mental health doctor testified that Rubi-Nava is not mentally retarded, saying he has decent communication skills, follows instructions and can do simple math problems.

But a defense psychologist has said Rubi-Nava is retarded.

If Rubi-Nava is declared mentally retarded, it would prevent prosecutors from seeking the death penalty.