Competency Evaluation Ordered
A Port Angeles woman facing charges related to an alleged assault on a police officer during a welfare check will undergo a mental competency assessment before her legal proceedings can advance. Clallam County Superior Court Judge Brent Basden issued the directive on Friday.
The 41-year-old defendant appeared in custody on Friday afternoon for a scheduled arraignment concerning two separate cases. Rather than entering a plea, the court suspended the proceedings to initiate a competency evaluation, according to court minutes.
In a written order signed Friday, Judge Basden determined there is "a genuine doubt" regarding the defendant's ability to understand the proceedings or assist in her defense. This determination was based on information provided by counsel, judicial observation, and an affidavit filed in support of the motion. The order was issued under RCW 10.77.060, the state statute governing competency evaluations, and applies to both pending cases.
Evaluation Process
Under the court's directive, a qualified expert designated by the Department of Social and Health Services will conduct the evaluation at the Clallam County jail, where the defendant remains in custody. The court ordered that the examination take place in the jail facility and that the resulting report be delivered within 14 days of receiving the order or 21 days from the date of signing, whichever timeframe is shorter.
The evaluator is required to distribute the report to the court, the prosecuting attorney, the defense attorney, the designated crisis responder, and the jail's professional staff. The document must detail the nature of the evaluation, provide a diagnosis or description of the defendant's current mental state, and, if a mental disease or defect is present, offer an opinion regarding her competency to proceed.
The order grants the evaluator access to relevant mental health, medical, educational, and correctional records, mandating that any requested documentation be provided within two days. Additionally, the Department of Social and Health Services is instructed to contact the defense attorney regarding the potential appointment of a defense expert to witness the evaluation.
Proceedings on Hold
The order stays all criminal proceedings while the evaluation is pending. Time elapsed from the entry of the order until a competency finding is excluded from speedy trial calculations, and all previously scheduled court dates have been stricken. The defendant has not entered a plea in either case.
The court documents list the pending felony charges as third-degree assault and second-degree theft, with the highest charge categorized as a Class C felony. In a case filed Thursday, the woman is charged with third-degree assault of a law enforcement officer, obstructing a law enforcement officer (a gross misdemeanor), and resisting arrest (a misdemeanor). She was also before the court this week regarding a bench warrant in a separate, earlier case.
Welfare Check Incident
The assault charge stems from a welfare check conducted Wednesday evening near Seventh and Laurel streets. According to the probable cause narrative filed by Port Angeles police, officers arrested the woman on a confirmed felony warrant. After she declined to walk to the patrol car, officers carried her; police allege she kicked an officer in the stomach as she was placed in the back seat.
A review hearing concerning the competency evaluation is scheduled for 9 a.m. on July 31.
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