A 22-year-old Santa Fe man charged with killing his pregnant girlfriend and her father in May was insane at the time of the slayings, his lawyer said Wednesday.

Marino Leyba, Jr., has pleaded not guilty by reason of insanity. He might not have been able to form specific intent when he shot 17-year-old Sarah Lovato — who was nine months pregnant — twice in the back and once in the belly, and her father, Bennie Lovato, Sr., 50, three times in the upper torso, according to court documents filed by Ruidoso attorney Gary Mitchell.

"This is a case where it's evident, it's so obvious, there are major mental health issues," Mitchell said Wednesday. "There's a history of it in the family."

Court documents indicate Leyba was interviewed by Albuquerque forensic psychiatrist Dr. Eric Westfried on Aug. 13 and 19. Mitchell said he is awaiting Westfried's report, but filed the insanity defense notice anyway based on his experience.

"I've been doing this for 33 years," he said. "You just know."

Mitchell declined to be specific about what ailments affect Leyba or his family, or what Leyba said or did in interviews to make Mitchell think he is mentally ill. He also said he looked at Leyba's medical and academic history, as well as family history in making the insanity defense decision.

Leyba currently is being held in isolation at the Santa Fe County jail and "is not doing well at all," Mitchell said.

Mitchell said he doesn't expect to go to trial in the Leyba case until next year.

According to police reports filed in court, Leyba and Sarah Lovato had argued on the phone the night of May 22. About 45 minutes later, Leyba barged into the apartment Sarah Lovato shared with her father and sister. The girls were in a back bedroom when they heard their father say, "You don't just walk in here like that," and told Leyba to leave.

Leyba, a local security guard who was in uniform and armed with a handgun and canister of mace, began yelling at Sarah Lovato when she came out of the bedroom. Sarah Lovato's younger sister ran out of the apartment to get her brother in a nearby apartment and heard her sister say, "No, Reno, no" followed by a single gunshot. When she arrived at her brother's apartment, she heard five more shots.

Leyba later admitted to his father that he shot Sarah Lovato and her father. Police believe Leyba intentionally targeted the 36-week-old baby, who was to be named Isaac Lovato.

Leyba was originally charged with two counts of first-degree murder, aggravated burglary with a deadly weapon, tampering with evidence and criminal abortion. However, District Attorney Angela "Spence" Pacheco dropped the abortion charge because she said it could complicate prosecution of the murders of Sarah Lovato and her father.

Leyba faces no charges in the death of the fetus.

Meanwhile, Santa Fe police investigators filed a search warrant Wednesday in state District Court detailing the items they seized Monday from USA Security, where Leyba worked. The company is owned by Leyba's father. The items included two computers, time sheets and patrol logs indicating Leyba's work schedule, his confidential employee history and other files, according to the court documents.

Contact Jason Auslander at 986-3076 or jauslander@sfnewmexican.com.