The 27-year-old Oceano man under guard at a local hospital while recovering from self-inflicted knife wounds now faces trial in the alleged murder of his wife.
On Tuesday, San Luis Obispo County prosecutors filed a single charge of murder with the use of a deadly weapon against Humberto Jacobo Chavez, 27, according to Assistant District Attorney Lee Cunningham.
Jacobo Chavez is accused of stabbing 26-year-old Patricia Jacobo to death Sunday morning in a home the two shared in the 2100 block of Warner Street.
An arraignment has been scheduled for Wednesday morning in San Luis Obispo Superior Court, but Jacobo Chavez is unlikely to make the hearing.
Should that be the case, his arraignment will be continued until he is discharged.
Cunningham said the law requires that Jacobo Chavez be arraigned within 24 hours of his release from the hospital.
Sheriff’s Office spokesman Tony Cipolla said Tuesday that Jacobo Chavez remained at the hospital under the monitor of correctional deputies. Cipolla said that if and when he is medically cleared, he will be transported to San Luis Obispo County Jail and held without bail until his court appearance.
There, Cunningham said, the District Attorney’s Office will ask a judge that he continue to be held without bail.
Cunningham said that should a jury find Jacobo Chavez guilty of murder with a deadly weapon, it will be required to decide between first- and second-degree murder, based on factors such as willful premeditation.
A conviction of first-degree murder carries a maximum sentence of 25 years to life — plus one additional year if convicted of using a deadly weapon, Cunningham said. A second-degree murder conviction carries a maximum of 15 years to life in prison.
According to the Sheriff’s Office, deputies responded to the couple’s home at about 12:30 a.m. Sunday following a report of domestic violence. There they found Patricia Jacobo stabbed to death and her husband bleeding from very serious and apparently self-inflicted knife wounds.
“At this time, investigators believe Jacobo Chavez killed his wife and then tried to take his own life,” the Sheriff’s Office said in a news release.