Another hearing delay for Upper Makefield mom accused of killing sons. Here's why

Jo Ciavaglia, Bucks County Courier Times
·4 min read

For a fifth time the preliminary hearing for an Upper Makefield mother accused of killing her two young sons the day before the family was to be evicted from their home last year was continued Tuesday.

Here's what we know, and what we don't.

What is the case against Trinh Nguyen?

Trinh Nguyen, 39, is charged with two counts of first-degree murder in the May 2, 2022 shootings of Jeffrey and Nelson Tini, her 13- and 9-year-old sons, respectively. Prosecutors allege Nguyen shot the boys in the head while they were sleeping in their rented Timber Ridge Road home. She is also charged with attempting to shoot the nephew of her former husband, who lived in an adjacent home on the property.

The boys succumbed to their injuries on May 9. They had been placed on life support after the shooting so their organs could be donated.

Nguyen, a mother of three was arrested the day of the killings in a nearby church parking lot hours after the boys were found dead by police and the aunt who owns the home where the three lived.  Authorities said she had heroin in her system in what police described as a suicide attempt.

Jeffrey "JT" Tini, 13, and his brother, Nelson Tini, 9, were shot in their home Monday, May 2, 2022. Their mother, Trinh Nguyen has been charged.
Jeffrey "JT" Tini, 13, and his brother, Nelson Tini, 9, were shot in their home Monday, May 2, 2022. Their mother, Trinh Nguyen has been charged.

More news on the Trinh Nguyen case Family legal battle over $11k in unpaid rent preceded Upper Makefield shooting, documents show

Why has the murder case stalled?

Nguyen has not yet had a preliminary hearing, where a district court judge decides if there is enough evidence to hold a defendant for trial. The most recent delay was a result of District Court Judge Michael Petrucci's schedule, according to the court.

Nguyen is represented by a public defender and Bucks County Chief Public Defender Ann Russavage-Faust has said her office doesn’t comment on pending cases. The DA's office has said the defense has requested all the previous continuances. The new preliminary hearing date has not yet been schedule as of Tuesday.

Where is Trinh Nguyen?

As of Tuesday, Nguyen is listed as located in a "hospital/medical treatment facility," according to the Pennsylvania VINE system, which provides information about of corrections custody status. Her status is listed as "unsupervised custody" meaning no county correctional officers are assigned to watch her.

Online court dockets do not show any custody transfer orders for Nguyen and it is unknown how long she has been hospitalized or the reason. Neither the Bucks County District Attorney's Office or the Public Defender's Office provided information about her whereabouts or condition.

How long can a defendant be held without a trial?

Rule 600 of the Pennsylvania Criminal Procedures, which applies to all criminal offenses, provided that a trial against a defendant shall start within 365 days from the date a complaint is filed, but the rule excludes delays attributed to the defendant. If the state takes too long to bring a case to trial, a defense attorney can file a motion to dismiss.

If a judge has determined a defendant is mentally incompetent all court proceedings are halted indefinitely until the court deems a defendant is mentally competent to understand the charges and participate in their defense and trial.

The Pennsylvania Supreme Court last year overruled previous Superior Court decisions and decided that courts have the discretion to dismiss criminal charges against a mentally incompetent defendant and unlikely to be restored to competency. The high court decision left open whether its opinion applies in first and second degree homicide case

Investigators work on the scene of an Upper Makefield home where two boys, 10 and 13 years old, were shot May 2, 2022. Their mother, 38-year-old Trinh Nguyen, was arrested and charged in the shooting, according to Bucks County District Attorney Matthew Weintraub.
Investigators work on the scene of an Upper Makefield home where two boys, 10 and 13 years old, were shot May 2, 2022. Their mother, 38-year-old Trinh Nguyen, was arrested and charged in the shooting, according to Bucks County District Attorney Matthew Weintraub.
Two bicycles sit parked outside an Upper Makefield home where two boys, 10 and 13 years old, were shot May 2, 2022. By noon, their mother, 38-year-old Trinh Nguyen, was taken into police custody for the shooting, according to Bucks County District Attorney Matthew Weintraub.
Two bicycles sit parked outside an Upper Makefield home where two boys, 10 and 13 years old, were shot May 2, 2022. By noon, their mother, 38-year-old Trinh Nguyen, was taken into police custody for the shooting, according to Bucks County District Attorney Matthew Weintraub.

Why a parent allegedly kill a child? DA says Trinh Nguyen shot her sons. Why it can be hard to spot danger when parents kill

Why did Nguyen allegedly kill her children?

Prosecutors have provided no motive for the shootings, which occurred the day before Nguyen was being evicted from the home for failing to pay more than $11,000 in rent. The home is owned by her former sister-in-law.

Authorities found a handwritten note dated a week before the murders that Nguyen allegedly wrote with information on what to do with her and her sons’ ashes. She also allegedly left a note in the minivan revealing that her sons, both Council Rock District students, were dead and the address of the home with a request to call 911.

Records show that Nguyen was also involved in a custody dispute with her former husband, Edward Tini, of Philadelphia. The couple separated and divorced in 2021 and Tini had opposed Nguyen’s plans to take Nelson to visit her family in Vietnam over the summer vacation.

Nguyen had sole custody of Jeffrey Tini, whose father she divorced in 2009. She has a third son, who is 17, and lives on the West Coast with his father, Nguyen’s first husband.

Crime scene tape surrounds an Upper Makefield home where two boys, 10 and 13 years old, were shot on May 2, 2022. Their mother, 38-year-old Trinh Nguyen, was arrested and charged in the shooting, according to Bucks County District Attorney Matthew Weintraub.
Crime scene tape surrounds an Upper Makefield home where two boys, 10 and 13 years old, were shot on May 2, 2022. Their mother, 38-year-old Trinh Nguyen, was arrested and charged in the shooting, according to Bucks County District Attorney Matthew Weintraub.

More on the Trinh Nguyen case Where is mom and why hasn't she been brought to court for allegedly killing her sons?

This article originally appeared on Bucks County Courier Times: Upper Makefield mom accused of murder of sons gets delay in court