Mental screening may spare killer

Associated Press

SEATTLE — A state psychiatrist has found Kevin Cruz, convicted two weeks ago of shooting four people at a Seattle’s Lake Union shipyard, to be a paranoid schizophrenic, a determination his lawyers hope will spare his life.

Cruz faces either the death penalty or life in prison without parole for killing Russell Brisendine and Peter Giles and wounding two others at the Northlake Shipyard on Nov. 3, 1999. The sentence will be decided by the same King County Superior Court jury that convicted Cruz of aggravated first-degree and attempted murder.

The penalty phase of the trial starts Wednesday and is expected to last about two weeks. Jurors will hear from relatives of Brisendine and Giles and may also hear from Dr. Mark McClung, a psychiatrist for the state.

McClung interviewed Cruz for two hours and 25 minutes on Jan. 20 before determining he suffers from schizophrenia and paranoid delusions, the King County Prosecutor’s Office said Tuesday.

But McClung also found that Cruz is not so impaired that he didn’t realize what he was doing when he fired the shots, said deputy prosecutor Tim Bradshaw. The state wants Cruz executed.

"It’s not just whether he has a mental disturbance — we believe he does — but does that sufficiently mitigate callous, coldblooded murder?" said deputy prosecutor Tim Bradshaw.

If McClung were to testify, it would likely be at the will of Cruz’s lawyers, who must present evidence that might persuade jurors to show mercy. One of Cruz’s lawyers, Eric Lindell, refused to say Tuesday whether the defense will call McClung.

But Lindell did say, "It’s a pretty clear indication … when the state’s own expert finds he’s chronically mentally ill. We are confident Mr. Cruz’s life will be spared by any reasonable jury."

Cruz, 32, of SeaTac, did odd jobs during a four-month stint at the Lake Union shipyard before being fired in January 1999. Prosecutors said he walked into a shipyard office dressed in camouflage and shot Brisendine and Giles, as well as Patrick Ming and Jaromir Mach, because he held a grudge against the owners.

Prosecutors also said he was angry that the shipyard’s insurance company initially refused to pay to treat an injury he supposedly suffered on the job.

Cruz’s lawyers ruled out using an insanity defense during the trial. Instead, they claimed Cruz wasn’t the gunman, even though the murder weapon, a9 mm pistol, was found in his backpack in nearby Gas Works Park.

While Cruz didn’t testify, there was indication of his mental state during the trial. Lawyers on both sides said he had told police he put foil on his bedroom walls because he saw "dead people" walking through them. He often laughed and gave courtroom spectators a thin-lipped smile.

He maintained that demeanor during a court hearing before Judge Ronald Kessler on Tuesday. The hearing was to discuss the admissibility of some evidence during the penalty phase of the trial.

Defense lawyer Tony Savage asked the judge to limit family members’ testimony to one relative of Brisendine and one of Giles. Kessler denied that motion, saying it was appropriate for prosecutors to request two relatives of each.

But Kessler did agree to limit the testimony of Giles’ uncle, Richard Kelly. Kelly, who owns the shipyard, was going to testify about how valuable Giles was to the shipyard and how hard it has been to find a replacement for him.

The judge said such testimony could unfairly prejudice jurors — that is, jurors might be more likely to put Cruz to death if they consider the economic worth of his victims. Such class concerns are to be avoided as much as possible, Kessler said, and so Kelly’s testimony will be limited to his personal, not business, relationship with Giles.

In addition, Kessler warned prosecutors not to try to portray Cruz’s apparent lack of remorse over the killings as a reason to have him executed. Doing so would violate his right to remain silent, Kessler said.

Jurors will hear Wednesday about at least some of Cruz’s previous criminal record, including a conviction for theft of a firearm in 1995, for which he was given a one-year suspended sentence. In 1996, Cruz was charged with second-degree assault, but pleaded to a lesser charge.

Cruz spent almost two years in prison for hit-and-run driving and then for a brief escape out the window of a halfway house. He was released in 1998.

Copyright ©2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Fernando Espinoza salts the sidewalk along Fifth Avenue South on Thursday, Feb. 6, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Think this is cold, Snohomish County? Wait until Tuesday

Tuesday could bring dangerous wind chill during the day and an overnight low of 19 degrees

The Washington State Department of Licensing office is seen in 2018 in Seattle. (Sue Misao / The Herald)
Drivers licensing offices to close Feb. 14-17

Online services are also not available Feb. 10-17. The Washington State Department of Licensing said the move is necessary to upgrade software.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

Outside of the updated section of Lake Stevens High School on Thursday, Feb. 27, 2020 in Lake Stevens, Wa. (Olivia Vanni / The Herald)
Lake Stevens, Arlington school measures on Feb. 11 ballot

A bond in Lake Stevens and a levy in Arlington would be used to build new schools.

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.