Public defender requests incompetency ruling for Las Vegas teen in cyclist death, citing ‘brain damage’

LAS VEGAS (KLAS) — The public defender representing a teenager accused of intentionally hitting and killing a bicyclist with a car would like a judge to deem his client incompetent amid conflicting psychological evaluations and possible “brain damage,” records said.

Police arrested Jesus Ayala, 19, on Aug. 14, 2023, shortly after retired California police chief Andy Probst, 64, was killed while riding his bicycle. Video from that morning’s alleged crime spree showed two bicyclists appearing to be intentionally hit in separate locations.

Offices arrested Ayala’s co-defendant, Jzamir Keys, 17, a month later after police said they learned about video on Instagram. Police identified Ayala, who was 17 at the time, as the driver who swerved into Probst. Keys, who was 16 at the time, was the passenger who recorded the cell phone video, according to police.

Last year, a Clark County grand jury indicted Ayala and Keys on the following charges, which carry enhancements because the victims were over the age of 60: murder with use of a deadly weapon, attempted murder with use of a deadly weapon, battery with use of a deadly weapon resulting in substantial bodily harm, and two counts of duty to stop at the scene of a crash involving death or personal injury.

Records show two doctors found Ayala competent to stand trial, meaning he understood the charges against him and could aid his attorney. Another doctor found Ayala incompetent to stand trial, records said, prompting Clark County Public Defender David Westbrook to ask the judge to declare Ayala incompetent to stand trial.

According to court records, Westbrook also noted potential brain damage, though it was unclear from the court record when Ayala reportedly sustained the injury.

A hearing was scheduled for Oct. 9.

If convicted, the maximum penalty the teens could receive would be life in prison with the possibility of parole. By law, the death penalty cannot be pursued against a defendant unless they are 18 or older at the time of the crime. Life without parole is also taken off the table for defendants under the age of 18.

A trial was scheduled for November. Westbrook did not return a request for comment.

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