LUFKIN, TX (KTRE) - During a court hearing Thursday, an Angelina County issued an order requiring Billie Jean Cuttler to be placed in a maximum-security mental health facility for 120 days in an effort to restore her competency.
Back in August of 2016, an Angelina County jury decided that Cuttler is not mentally competent to stand trial for the 2015 drowning death of her nephew. The jury's decision came after White ordered a second mental health evaluation be done on Cuttler.
If Cuttler is declared mentally competent within the 120-day period, a jury trial will be conducted. The state can ask for Cuttler to be committed for 60 more days if she is not found competent.
After that, the state can ask for Cuttler to be committed for a year at a time before the issue has to be re-addressed.
Cuttler and Bobby Woods Jr. were both originally charged with capital murder in the death of Mason Cuttler. If Cuttler had been found competent to stand trial, and she had been found guilty, she would have had to serve life in prison without parole.
During Cuttler's competency trial, Dr. Mary Alice Conroy, the director of clinical training at Sam Houston State University, told the jury that she did believe Billie Jean Cuttler was intellectually disabled but did believe she was competent to stand trial.
Conroy said Cuttler appeared to be spontaneous with her answers and willing to talk and was simple in her explanation.
"She made every effort to cooperate with me," Conroy said.
Conroy said one thing that seemed odd was that Cuttler volunteered statements like, "My family says I act like a 2 year old."
According to the arrest affidavit for Woods, ACSO Lt. Brett Maisel and Texas Ranger Steven Rayburn interviewed Woods, who said he took Mason to the pond, pushed him into the water, and watched him as he began to drown. He allegedly 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, Al Charanza, told East Texas News she was never pregnant.