Law’s gap complicates holding mentally ill suspect

EVERETT — Snohomish County prosecutors didn’t receive a letter notifying them that an armed robbery suspect living with schizophrenia was free to leave a state mental health hospital until a day after the man was already out on the street.

The law doesn’t require the state Attorney General’s Office to notify county prosecutors at all when they decide not to seek involuntary hospitalization for felony suspects who are too sick to stand trial.

Yet the law does require notification under the same circumstances if the person was charged with a misdemeanor, a less serious offense.

“It’s a gap in the statute,” said Sarah Coats, an assistant attorney general in the Social and Health Services Division.

Despite the gap, the state Attorney General’s Office chooses to notify prosecutors when they opt not to seek an involuntary commitment, she said. The majority of the time the office sends a letter. Sometimes they call if they believe the prosecutor may want to refile criminal charge right away.

Prosecutors here didn’t receive a call about Joshua Rockwell. The Herald notified them Rockwell had been released after the newspaper was contacted last week by his concerned mother.

Suzanne Lankford was aghast that her son, who was deemed too ill to stand trial, was allowed to walk out of the hospital with little more than a few dollars, two weeks’ worth of medication and instructions to find a shelter. He has a history of becoming violent when he is not properly medicated.

Rockwell, 26, is suspected of holding a knife to an elderly couple outside the Alderwood mall in 2010. He has been living with paranoid schizophrenia for about six years and suffers from hallucinations. His family believes Rockwell was off his medication when he committed the robbery.

For more than a year, he’s been jailed or locked in the state’s mental health hospital receiving treatment in an effort to help him understand the charge against him. In February, prosecutors were forced to dismiss the robbery charge because Rockwell can’t assist with his defense.

A judge determined that Rockwell was a potential candidate to be hospitalized against his will. He was at Western State Hospital for another month to be evaluated. The state Attorney General’s Office, however, declined to file a petition to have Rockwell committed.

Citing medical privacy laws, Coats said she couldn’t discuss the specifics of Rockwell’s case.

In general, the laws are complicated and differ depending on whether the person was charged with a crime. In a case where a felony charge was dismissed because the person was ruled to be incompetent, the state has to prove that there is clear and convincing evidence that a felony was committed and, as a result of a mental disorder, the person is likely to commit similar crimes.

The attorney general’s letter to the prosecutor’s office says that “while (Rockwell) has not been deemed to be an imminent risk to harm others in the community, he does have a significant history of violent behavior and failing to take medications as prescribed.”

Snohomish County Prosecuting Attorney Mark Roe said he would have hoped for more than a letter.

“I would have preferred a phone call,” he said.

Roe said he has a good working relationship with the attorney general’s office. Last week, he called an attorney in the criminal division to discuss Rockwell’s case. He requested that his prosecutors receive a phone call in similar situations. He also understands that, like in his office, resources are stretched thin.

Prosecutors here quickly notified Everett police that Rockwell may be returning to the community. The department sent out a bulletin to officers so if they encounter Rockwell they will know his background and mental health history. The goal is to keep officers, the public and Rockwell safe, police said.

On Friday, Snohomish County deputy prosecutor Lisa Paul filed a new felony charge against Rockwell, alleging that he failed to register as a sex offender in 2010. A judge issued a $20,000 warrant for his arrest.

“We wanted to err on the side of community safety, but unless something has changed with regards to his competency we anticipate we may eventually be prevented from prosecuting him,” on the new charge, Roe said.

The threshold for proving someone isn’t competent to stand trial is much lower than hospitalizing them against their will. In addition to dropping the robbery charge, prosecutors earlier were forced to dismiss a 2007 felony charge for failing to register as a sex offender. Rockwell was a juvenile in 1999 when he was convicted of a sex offense.

“This is somewhat serial arrest and incarceration in lieu of coherent mental health resources,” Roe said. “The prosecutor’s office is not a social service agency, but by default it falls to us to try to do something in these cases.”

As early as 2007, doctors and community correction officers have concluded that without medication, stable housing and intensive community mental health services, Rockwell could be an imminent risk to others and himself.

Last week, Rockwell was put in a cab at Western State Hospital and told to go to a shelter in Seattle. He was given $40, two weeks’ worth of medication and a date for a mental health appointment in Everett.

That night, he called his family from a truck stop in Marysville, Lankford said. She lives in Eastern Washington. Her son told her he was trying to find a place to wash dishes so he could get a meal.

A local family member bought Rockwell dinner and paid for a hotel room. The family tried to explain to him where he was supposed to go, Lankford said. Rockwell didn’t understand where he was or what he should do, his mom said. The relative couldn’t stay with Rockwell because of a medical emergency.

On Thursday night, the family got a call from the emergency room at Harborview Medical Center in Seattle.

Someone at a bus station in Seattle had called 911 for Rockwell. He told medics he was hearing voices and confused. He was held at Harborview until a bed opened up at a Compass Health evaluation and treatment center in Mukilteo.

Rockwell could be held there up to two weeks, Lankford said. A hospital official told the family Rockwell was “extremely delusional.”

The hospital was trying to get services in place for Rockwell if he is released, she said.

“So when he is out, we do have some help for him rather than what happened last week,” she said.

Once again, Rockwell’s mother feels lost. It takes a volley of phone calls to different agencies to try to track down her son. If he doesn’t sign release forms, privacy laws can block the flow of crucial information.

She worries about what may happen.

“What crack is he going to fall into next?” she said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Guns for sale at Caso’s Gun-A-Rama in Jersey City, New Jersey, which has been open since 1967. (Photo by Aristide Economopoulos/New Jersey Monitor)
After suing, WA gets carveout from Trump administration plan to return gun conversion devices

The Trump administration has agreed to not distribute devices that turn semi-automatic… Continue reading

The Wild Horse Wind and Solar Facility about 16 miles east of Ellensburg in central Washington is part of Puget Sound Energy’s clean energy portfolio. (Courtesy of Puget Sound Energy)
Megabill’s elimination of tax credits for clean energy projects could cost WA $8.7 billion

Washington households could see electricity costs increase $115 per year by 2029; 21,800 workers could lose their jobs by 2030, analysts say.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Everett mayor candidates focus on affordability, city budget in costly race

As incumbent Cassie Franklin seeks a third term in office, three candidates are looking to unseat her.

Everett
Judge sentences man, 73, for intending to have sex with ‘teen’ in Everett

The Arizona man sent explicit images to an agent posing as a 13-year-old. Investigators found images of child sexual abuse on his phone.

State’s draft of climate action plan open for public comment

Residents can submit public comments or climate-related stories online through Aug. 22.

The Edmonds School Board discusses budget cuts during a school board meeting on Tuesday, April 15, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds school board approves 2025-26 budget

After facing an estimated $8.5 million shortfall earlier in the year, the board passed a balanced budget Tuesday.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.