LUFKIN, TX (KTRE) - During a pre-trial hearing for the woman who is facing a capital murder charge in connection to the August 2015 drowning death of her 3-year-old nephew, the judge ruled that Billie Jean Cutler will need to have another mental health evaluation.
Cutler appeared in Judge Paul White's 159th Judicial District Court Friday morning. Cutler was said to be incompetent to stand trial after her first mental health evaluation.
White said if the second mental health evaluation conflicts with the results from the first one, they could possible set up a jury trial regarding Cutler's competency.
"I happy with what the lawyer said to Me," Kevin Cuttler, Bille Jean's father said. "I hope everything goes well for Billie, I love her from the bottom of my heart.
This entire trial has been an emotional roll coaster for the family, they hope that the jury will show Billie mercy.
"I hope they sympathize with her and let her come home," Jean Oats, Billie Jean's aunt said.
Mason's Grandmother said she can't pick sides between her children, but wishes this situation never happened.
"I wish she was home and her brother wouldn't go against her," Debra Cuttler, Billie Jean's mother said. "I'm not picking no side, but I wish she was home. I love Billie, and I love Mason. We miss them both."
Although Cutler's defense team requested that her bail amount be lowered, White said he will not discuss lowering her bail until after her second mental health evaluation.
The state and the Cutler's defense team also discussed the possibility of an insanity plea. However, that determination will have to wait until after the mental health exam as well.
Depending on how Cutler does on the competency evaluation, the court will consider revoking the statements she made to the Angelina County Sheriff's Office because of her intellectual disabilities.
Cutler and Bobby Woods Jr. Are both facing capital murder charges for the death of Mason Cutler. Back in March, April Perez, the prosecutor on the case, said that Cutler will not be facing the death penalty. If she is found competent to stand trial and is found guilty, she will have to serve life in prison without parole.
According to the arrest affidavit for Woods, Lieutenant Brett Maisel and Texas Ranger Steven Rayburn interviewed Woods, who said he took Mason to the pond and pushed him into the water and watched him as he began to drown and turned his back to him, making no attempt to rescue him, despite Mason's cries for help.
The affidavit states Woods said he wanted Mason to die because his girlfriend was pregnant and he wanted to make room in the home for his unborn child.
However Cutler's attorney, Albert Charanza, told East Texas News she was never pregnant.
Cutler's family believes she had nothing to do with Mason's death.
"Billie Jean didn't do nothing, she wouldn't do it," Debra Cuttler, Billie Jeans mother said. "Her and Mason had a bond, they were very close."