Moscow — A court-ordered mental health evaluation has concluded that the 41-year-old suspect accused in the deadly attack along the Boise River Greenbelt is not competent to stand trial and meets the state standard for being “dangerously mentally ill,” 4th Judicial District Magistrate Judge Theodore Tollefson said in court Tuesday.
Evaluation sealed; next hearing set
The evaluation, which was ordered after the defendant’s public defender raised concerns about his competency, is sealed from public view. The court heard that evaluators concluded the man is unable to make informed decisions about his treatment and his criminal case and poses a substantial risk of physical harm to others.
“A substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior,” the judge said, quoting the statutory definition that qualifies someone as "dangerously mentally ill."
Despite the report’s findings, Tollefson did not immediately order the suspect committed for treatment. Deputy Prosecuting Attorney Robert Bleazard asked the court for additional time to review other documentation related to the man’s mental health history so the prosecutor’s office could complete its "due diligence." Defense attorney Dave Smethers urged immediate commitment, telling the judge the report "speaks for itself."
The judge set another hearing for 2:30 p.m. on Sept. 8 to resolve whether the defendant will be committed under Idaho law for behavioral health treatment intended to restore competency for a murder trial.
Possible commitment and legal process
If the prosecutor does not contest the evaluation and the judge agrees that the defendant lacks fitness to proceed, state law provides for commitment to a secure treatment program. In that event, the man likely would be sent to Idaho’s Security Medical Program, which is administered by the Idaho Department of Correction, for an initial period of 90 days.
Under the statute, if treatment during that 90-day period does not restore competency, the commitment may be extended. If competency is restored, the case would return to the criminal docket and prosecution could resume.
What the court record shows
Court filings indicate the competency evaluation was requested after defense counsel flagged concerns about the defendant’s ability to participate in his defense. The specifics of the underlying charges described in court papers identify the case as involving the killing of a young man on the Boise River Greenbelt, but the evaluation itself remains sealed. Prosecutors signaled they need time to review the suspect’s mental health records before deciding whether to challenge the evaluation’s conclusions.
| Item | Detail |
|---|---|
| Defendant age | 41 |
| Judge | Theodore Tollefson |
| Prosecutor | Robert Bleazard |
| Defense attorney | Dave Smethers |
| Next hearing | Sept. 8, 2:30 p.m. |
What “dangerously mentally ill” means in Idaho law
State law defines someone as dangerously mentally ill when the person presents a substantial risk of physical harm to others, manifested by evidence of homicidal or violent behavior, and when treatment requires a maximum-security setting. That legal designation has direct consequences for where and how treatment can be provided and whether the person can be confined in a correctional medical facility while receiving care.
Prosecutors have the option to contest the evaluation. If they do, a hearing will be scheduled in which Bleazard would be allowed to question the psychiatrist or psychologist who submitted the report. The court will then decide whether the findings should stand or whether further proceedings are needed.
Implications for the criminal case and public safety
The competency determination and any subsequent commitment proceedings will dictate the near-term direction of the murder prosecution. A formal commitment is intended to provide treatment with the goal of restoring the defendant’s ability to consult with counsel and assist in his defense; it also determines whether and how the state can confine someone deemed a danger to others while treatment continues.
For the family of the victim and the wider Boise community, the legal process is likely to be closely watched. The sealed nature of the evaluation limits public detail about the findings, even as court officials outline the steps that could lead to secure treatment or renewed criminal proceedings.
A hearing on Sept. 8 will indicate whether the state will accept the evaluators’ conclusion or press for additional review before any commitment is ordered.
