A Kent judge dismissed criminal charges against a man over incidents at Meridian Elementary School after state officials estimated mid-July would be the earliest they could have room for him at a mental health facility.<\/p>\n
“I can’t legally justify to hold him for six months (in the city jail) in hopes the date could come earlier and a bed be available before then,” Kent Municipal Court Judge Michael Frans said prior to his Jan. 18 ruling to dismiss the charges for intimidating a school employee and harassment. “As much as it pains me to do so. … I hoped to not be in this position.”<\/p>\n
Frans ruled Noah W. Peterson, 26, incompetent to stand trial on Dec. 30 after two competency evaluations. That ruling also included an order for restoration treatment for Peterson at a state mental health facility through the state Department of Social and Health Services (DSHS). Those services would be an attempt to help Peterson become competent to stand trial.<\/p>\n
Peterson had faced the two misdemeanor charges after a Nov. 14, 2022 incident near Meridian Elementary, 25621 140th Ave. SE, on the East Hill. The incident resulted in a school lockdown for one day, closure for four days and a town hall meeting to discuss the case that drew nearly 150 people.<\/p>\n
Peterson will remain in the city jail at least until another hearing at 1 p.m. Tuesday, Jan. 24 at Kent Municipal Court, said City Attorney Tammy White in a Jan. 19 email.<\/p>\n
As required by law, a designated crisis responder (DCR) will evaluate Peterson for civil commitment.<\/p>\n
“The court is allowed to detain Mr. Peterson for sufficient time to allow a DCR time to evaluate him,” White said. “The DCR will be conducting an evaluation to determine whether Mr. Peterson presents an imminent likelihood of serious harm or imminent danger because of him being gravely disabled.”<\/p>\n
The Jan. 24 hearing is to check on the outcome of the DCR’s evaluation.<\/p>\n
“If Mr. Peterson is determined by the DCR to present an imminent likelihood of serious harm or imminent danger, then he will be released from the jail and subjected to civil commitment proceedings through King County,” White said.<\/p>\n
White said the city of Kent is neither involved nor a party to those civil commitment proceedings; they are exclusively within the jurisdiction of King County.<\/p>\n
“If Mr. Peterson is not civilly committed, then, our court will consider, and in all likelihood, grant a defense motion to release the defendant,” White said.<\/p>\n
State has no room<\/strong><\/p>\n As part of the case, Dr. Thomas J. Kinlen, director of Office of Forensic Mental Health Services with the Behavioral Health Administration of DSHS, submitted a 27-page declaration explaining the many reasons behind no state facility having a spot for Peterson until July 3-7.<\/p>\n “Although conditions are rapidly changing, in recent months the average wait time for similar patients is currently six to eight months,” Kinlen wrote. “The average wait time provides reasonable guidance for what the wait could be for this defendant (Peterson), but the factors provided throughout this declaration will lead the actual wait times to change, which could make this defendant’s wait shorter or longer.”<\/p>\n A lack of space at Western State Hospital in Lakewood in Pierce County and other facilities for the thousands on the list pushes the wait time out.<\/p>\n Elizabeth Baker, a state assistant attorney general, represented the state at Peterson’s hearing and told the judge a potential admission to a facility for Peterson had changed to July 17 from July 3-7 despite his evaluation as a danger to the community.<\/p>\n “We have folks charged with murder, horrific assaults who are not being admitted within seven days of the court order or anytime soon after,” Baker said to the judge.<\/p>\n