Update: Man Charged with Sexually Assaulting Toddler Determined Mentally Incompetent, Criminal Proceedings Suspended

Eugene Ramos, the man charged with sexually assaulting a 2-year-old inside a Dollar Tree store in December, was determined mentally incompetent to stand trial Friday morning.

After reviewing a mental evaluation of Ramos that was received last week, Alameda County Superior Court Judge Dennis McLaughlin ordered the criminal proceedings against Ramos to remain suspended while he enters a conditional release program.

Ramos, 36, will be released to a hospital in order to receive medication to help restore his competency. Once competent, he can be tried for the assault, said Deputy District Attorney Angela Backers.

Ramos is scheduled to return to the Fremont Hall of Justice on April 15 for an update on his status.

The decision was a result of a mental evaluation requested by McLaughlin following a Feb. 15 court appearance.

During , Ramos put his head down and was nonresponsive after his attorney, public defender Kristen McCannon, entered a not guilty plea on his behalf.

McLaughlin said he had a “serious doubt as to (Ramos') competency.”

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.

According to police, the girl had wandered one aisle over from her grandmother and aunt. Less than a minute later, her relatives found the girl pinned down by Ramos, 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, holding him down until police arrived.

This is not the first time Ramos has been charged with sexually assaulting a child, nor the first time that he’s been found incompetent.

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. 

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