Update: Man Charged with Sexually Assaulting Toddler Breaks Down in Court; Mental Evaluation Ordered

The man charged with sexually assaulting a 2-year-old inside a Dollar Tree store in December was nonresponsive in court Tuesday morning and was ordered to undergo a mental evaluation.

Shortly after 10 a.m., the attorney for Eugene Ramos, 36, public defender Kristen McCannon, entered a not guilty plea on Ramos' behalf. Though the plea remains valid, all criminal proceedings were suspended after Ramos failed to respond to Judge Dennis McLaughlin’s questions.

The hearing was postponed to the afternoon at McCannon’s request.

At about 2:50 p.m., McLaughlin referred Ramos to a doctor for a mental health evaluation. Ramos is scheduled to return to the Fremont Hall of Justice on March 25, when the court will determine whether or not he is competent to stand trial.

McLaughlin said he had a “serious doubt as to his competency.”

When he returned to court this afternoon, Ramos appeared aloof as McLaughlin addressed the court.

“This morning he put his head down and did not respond,” McLaughlin told the court.

McCannon said that Ramos, who suffers from anxiety and depression, indicated that there was an issue with his medication.

McLaughlin asked McCannon if Ramos had been cooperative and responsive in previous discussions with the attorney.

“Sometimes,” McCannon replied.

McCannon declined to comment on the case.

Ramos has been in custody since December on charges of committing lewd and lascivious acts with a child under 14, attempted unlawful intercourse with a child under the age of 10 and assault with the intent to commit rape.

On Dec. 1, Union City police say Ramos, a registered sex offender, at about 1 p.m. inside the  store in the Union Square Marketplace.

The victim was with her grandmother and aunt at the store. When they went to return a ribbon to a Christmas-themed aisle, the girl walked around the aisle and out of view. That's when Ramos grabbed her, police said.

Less than a minute later, the grandmother and aunt found the girl pinned down by Ramos in the next aisle, police said.

Surveillance footage at the discount store shows Ramos running away as the girl's relatives give chase. Two men saw the suspect running away and tackled him. They held him down until police arrived.

Ramos, who has a prior conviction, could receive a maximum sentence of 21 years if he is convicted on all three current charges, prosecutors said.

Ramos was previously charged in January 2003 with sexually assaulting a 7-year-old child in Hayward. In that case, Ramos initially was ruled mentally incompetent to stand trial and committed to Napa State Hospital. He was eventually found competent, convicted and sentenced to four years in state prison, according to court records. 

On Tuesday afternoon, McLaughlin showed empathy toward Ramos.

“Good luck to you, Mr. Ramos,” McLaughlin said. “We’re going to have you see the doctor.”