PAWNEE COUNTY— Avian Rincones, 35 of Great Bend, Kansas, appeared Wednesday afternoon in the Pawnee County District Court before District Judge Bruce Gatterman to determine whether he is competent to stand trial, according to Pawnee County Attorney Doug McNett.
Rincones is charged with two counts of Aggravated Criminal Oral Sodomy of a Child under the age of 14 and one count of Aggravated Indecent Liberties with a Child under the age of 14.
After hearing the testimony of the court-assigned forensic evaluator and arguments of counsel, Judge Gatterman found Rincones not competent to stand trial. Gatterman further found that due to the nature of the defendant’s mental defect there was not a substantial probability of him attaining competency to stand trial in the foreseeable future. Based on this finding, the Court entered an order directing the Secretary of the Kansas Department of Aging and Disability Services to commence involuntary commitment proceedings against the defendant.
Under Kansas law, a person is “incompetent to stand trial” when such person is charged with a crime and, because of mental illness or defect is unable: (1) To understand the nature and purpose of the proceedings against such person; or (2) to make or assist in making such person's defense.
The charges stem from an investigation by the Larned Police Department regarding an alleged incident at the Larned City Pool on July 11, 2024. Rincones was interviewed at the scene, but no arrest was made at the time due to concerns with the suspect’s mental capacity. Agencies assisting with the investigation included the Pawnee County Sheriff's Office, Kansas Bureau of Investigation, and the Child Advocacy Center.
The defendant voluntarily turned himself into the Pawnee County Sheriff’s Department on July 24, 2024, after his legal guardian was advised charges had been filed and a no-bond arrest warrant issued. Based on the age of the alleged victim, if convicted Rincones faces a mandatory 25 years to life sentence under the Jessica’s Law sentencing provisions. He would also be subject to registration as a sex offender under the Kansas Offender Registration Act.
Pending the civil commitment proceedings, the defendant will remain on a supervised bond in the custody of his legal guardians subject to standard reporting and house arrest conditions.