Murder suspect Todd Lee Brodahl was near release from Western State Hospital

Published 11:02 pm Wednesday, June 18, 2008

The frantic call from her friend left her sickened.

And mad.

Tammy Sheary learned on Wednesday that the man once charged with her son’s murder was set to be released from a state mental hospital — in a week. The case against him was dismissed because he was deemed to ill to go to trial. But state officials suddenly were talking about setting him free again.

“I’m sickened by the fact he could walk away and be in my community where I still live,” she said. “To release someone like that doesn’t make sense.”

Snohomish County prosecutors say they just learned Tuesday that Todd Lee Brodahl, 24, was scheduled to be released next week from Western State Hospital. Brodahl had been charged with murder in the 2002 killing of Brady Sheary, 18.

By law, prosecutors are supposed to be notified 45 days before the planned release of a person who was previously charged with a crime but not prosecuted because they were deemed mentally incompetent.

Prosecutors on Wednesday scrambled to file a new second-degree murder charge against Brodahl. Along with the charge, prosecutors successfully petitioned a Snohomish County judge to order Brodahl held at Western State Hospital for a mental-health evaluation. Hospital staff wouldn’t tell them if Brodahl is now well enough to go to trial.

“Obviously our biggest concern is public safety. We don’t know his mental status and we believe he committed murder,” Snohomish County deputy prosecutor John Adcock said.

Adcock was forced to dismiss the murder case against Brodahl in 2003 after doctors determined the Marysville man was too mentally ill to assist in his own trial. Under state law, a defendant must be able to help his attorney and fully understand the proceedings and charges against him.

Doctors determined that Brodahl suffered from a mental disease but couldn’t pinpoint the problem, according to court documents filed in 2004. Because of his history of violence and potential danger to others, they recommended he be indefinitely committed to Western State Hospital after the case against him was dismissed.

A Pierce County judge in 2004 ordered Brodahl held in the hospital under civil commitment. A person must be considered a danger to himself or to others or gravely disabled to be hospitalized.

A hospital spokeswoman Wednesday wouldn’t discuss why Brodahl was scheduled for release, citing federal privacy laws. The hospital rarely doesn’t meet notification requirements in criminal matters, spokeswoman Kris Flowers said. On occasion, the treatment team may not be able to predict when a person no longer requires civil commitment, she said.

“We recognize the problems it causes for prosecutors and victims,” Flowers said.

Tammy Sheary said she plans to find out why she wasn’t told earlier.

“It’s outrageous that this could happen. Something is wrong with the system,” she said. “We need to make sure this doesn’t happen again.”

She praised the prosecutor’s office for moving so quickly to re-file the murder charge and seek an order detaining Brodahl for at least another two weeks.

Brodahl allegedly killed Brady Sheary out of jealousy over a girl. Prosecutors say Brodahl beat and stabbed Sheary and left his body in the parking lot at Cedarcrest School.

Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.