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The Utah teen who murdered his two younger brothers appeared in court Tuesday on a new assault case, where a competency review was discussed.
Aza Ray Vidinhar, 16, is charged as an adult in Ogden's 2nd District Court with third-degree felony assault by a prisoner, for allegedly assaulting another teen in a juvenile detention facility.
His attorney, James Retallick, filed a motion on Monday asking for Vidinhar's competency to be evaluated.
"[His] family indicates that defendant has mental health issues," Retallick wrote. "[His] grandfather specifically indicates that the defendant has suffered mental health issues and that his mental condition has deteriorated since being placed in Mill Creek Youth Center."
Prosecutors said at Tuesday's hearing that they wanted time to respond to the competency review request. A Dec. 16 hearing was set to review the motion, and Vidinhar is also expected to decide whether he wants a preliminary hearing by that date.
According to a probable cause statement filed in court, Vidinhar was arrested after he allegedly assaulted another boy at the detention facility at 790 W. 12th St., Ogden.
Vidinhar allegedly "took a broom and attacked another male who is also in custody," according to the probable cause statement. Officers noted in the report that the other boy "did not fight back" and that Vidinhar allegedly initiated the fight. The alleged victim had minor bruises and scratches after the altercation.
As for the murder cases, Vidinhar pleaded guilty in June in juvenile court to one count of first-degree felony murder in connection with 10-year-old Alex Vidinhar's death, followed by a similar plea in adult court for killing 4-year-old Benjie Vidinhar.
The pleas were the result of an unusual plea agreement that allows the teen to be held in a juvenile facility until he is 21 years old, or until the juvenile system feels it can no longer help him.
At that time, defense attorney Todd Utzinger has said, the teen will be sentenced in adult court to a 15-years-to-life term at the Utah State Prison. The Utah Board of Pardons and Parole will then review the case, according to Utzinger.
According to court records, the latest charge was filed in the adult court because Vidinhar had already been certified as an adult in the court system on one of the murder charges.
The teen is currently being held in the Weber County Jail without bail in connection with the new assault case, according to court records.
Vidinhar was arrested the night of May 22, 2013, after his mother called 911 to report finding her 4-year-old son dead on the floor of her West Point home. She said Aza Vidinhar, then 15, and her 10-year-old son were both missing.
Sheriff's deputies subsequently found the 10-year-old's body in another part of the house. Both victims suffered "penetrating knife wounds," Davis County Sheriff Todd Richardson has said.
Officers later found Vidinhar walking in Layton, about 8 miles from his home.
A motive for the slayings has never publicly been revealed.