WEST PALM BEACH, Fla. - Aldo Alvarez, the mentally challenged man a Palm Beach County Sheriff's Office deputy shot in his driveway after he says Alvarez attacked him, is incompetent according to two doctors.
Alvarez's case was moved to mental health court after two doctors determined he is not fit to stand trial and cannot understand the court system, according to his attorney.
But his attorney says there is one issue. One of the doctors thinks Alvarez need to get in-patient treatment in a hospital and the other says he can stay home where he is now on house arrest and get out-patient treatment.
Alvarez's attorney Wayne Richter says he is gathering evidence right now to bring to the judge next month to keep Alvarez at home.
"Based on what is presented now with his competency limitations, this case is going to be dropped most likely at some point so let's get on with it. Let's drop the charges and move on," Richter said.
Alvarez's parents are worried about their son being taken from them and put into a mental health facility
"Because he has been declared incompetent, we cannot fight those charges. We cannot go after the deputy," Alvarez's mother Anna Alvarez said.
At the time of the shooting investigators said the deputy was off duty and had just returned home from the gym when they said Alvarez came at the deputy in an aggressive way. Alvarez's parents contended that their son would never hurt anyone.
Richter says if Alvarez does not regain competency within the next five years, his charges will be dropped.
Alvarez remains on house arrest.