Svoboda pleads not guilty

Appearing in court for an arraignment on Thursday, Ed Svoboda pled not guilty to the charges against him related to the death of his wife in September by reason of mental illness.

His wife, Kathleen, was allegedly hit by a truck and trailer in her back yard on September 5, 2021. Svoboda was arrested and charged with murder in the first degree.

If convicted, he faces life imprisonment at minimum, and could be given the death penalty, a $10,000 fine or both. He has also been charged with murder in the second degree, carrying a minimum penalty of 20 years’ incarceration and a maximum penalty of life imprisonment, a $10,000 fine or both.

The difference between murder in the first and second degree is premeditation. To be convicted of murder in the first degree, Svoboda must be found guilty of purposely killing a human being with “premeditated malice.”

Svoboda also faces a third felony charge of aggravated homicide by vehicle, carrying a maximum penalty of 20 years’ incarceration, a $10,000 fine or both.

Svoboda confirmed for Judge James Michael Causey that he understands the charges against him.

Due to the nature of Svoboda’s plea, an examination of his mental condition will be necessary. The state and defense attorney P. Craig Silva agreed that this should be performed at the Wyoming State Hospital.

However, a backlog at the hospital previously caused issues in this case, said County Attorney Joe Baron. An examination to determine Svoboda was competent to stand trial was supposed to take 30 days, but was still not complete at the 90-day mark.

The examination was eventually performed via remote access. Baron said the hospital is able to complete around five examinations per month, and this case was around 24th on the list when first requested.

At this time, it is not clear what timeframe will be possible. Silva stated that he would prefer the process to be completed on an inpatient basis for the sake of weight of evidence, though Baron expressed concerns that a delay could impact the allowable timeframe according to the defendant’s right to a speedy trial, and asked that this right be waived.

Silva agreed to consider this request. The court will reconvene to decide the particulars of the examination once more information about the Wyoming State Hospital’s current capabilities has been determined.