Rotter defense: Impulse, not plan, led to Everett officer’s killing

EVERETT — A witness for the defense took the stand Thursday to testify about Richard Rotter’s mental state on the day he shot and killed Everett officer Dan Rocha.

“Can people with (post-traumatic stress disorder) misperceive threats to themselves?” defense attorney Natalie Tarantino asked.

“Yes,” psychologist Wendi Wachsmuth answered. “A person will respond to a neutral stimulus as if it is a threat because it’s reminiscent of the thing that did traumatize them.”

After a week of testimony from state’s witnesses, Rotter’s defense attorneys called Wachsmuth as their first witness at 9:45 a.m. Thursday. They rested their case around 4 p.m.

The defense has pushed a theory that defendant’s PTSD and substance use led to an impulsive decision — not a premeditated decision — to fatally shoot Rocha on March 25, 2022.

Rotter’s attorneys have not disputed that the defendant killed Rocha, 41, a husband and father of two sons.

Under state law, a conviction for aggravated murder in the first degree — a charge that requires premeditation — would mean only one possible sentence: life in prison with no chance of parole.

A conviction for a lesser charge would mean less time behind bars.

Wachsmuth was hired by the defense team to conduct a psychological evaluation on Rotter while he was in jail, using interviews with the defendant, medical records, behavioral tests and police body camera footage of Rocha’s death. Wachsmuth diagnosed Rotter largely based on “multiple instances in (Rotter’s) life,” including previous interactions with the police that reportedly ended in Rotter being hospitalized.

Wachsmuth explained those with PTSD can have a physiological reaction when a situation similar to their trauma occurs. The psychologist also diagnosed Rotter, 51, of Kennewick, with a mild neurocognitive brain disorder that affects his behavioral planning skills.

Based on her evaluation, Wachsmuth believes Rotter had a “reactionary response” when Rocha tried to arrest him.

“I believe that he did not have the ability to premeditate,” Wachsmuth said on the stand. “It is incredibly unlikely he would have the capacity to organize his behavior.”

Wachsmuth clarified she believes Rotter did not plan Rocha’s murder beforehand, but had intent to kill when he pulled the trigger.

Through his questioning in cross-examination, prosecuting attorney Craig Matheson reminded jurors about Rotter’s arrangements to buy a car that day, follow directions to meet the seller at the Starbucks and package drugs found in his car. He’d also purchased guns that he was moving between two cars — which caught Rocha’s eye that day.

“Sounds like a lot planning,” Matheson said.

The defense objected to the off-hand comment.

Snohomish County Superior Court Judge Bruce Weiss asked the prosecutor to rephrase his question.

Matheson then asked if that sounded like somebody who has planning issues.

Toxicologist Granville Storey then took the stand in the afternoon to testify to Rotter’s drug use — the second toxicologist to take the stand this week.

In her testimony Wednesday, toxicologist Naziha Nuwayhid testified that while methamphetamine and fentanyl were found in his blood samples, the tests were unable to determine if he was actively intoxicated at the time of the shooting.

According to both Storey and Nuwayhid, 0.222 grams of methamphetamine and 0.3 grams of fentanyl were found in Rotter’s blood. That amount of meth can cause increases in anxiety, impulsivity and paranoia, as well as “disproportionate responses to certain situations,” Storey said. When mixed with fentanyl, the effects can become even more unpredictable.

Methamphetamine gradually metabolizes into amphetamine in the body, Storey explained. If the ratio of amphetamine to methamphetamine in the body is under 5%, it is more likely a person used it more recently and its effects would be more predictable, Storey said. If it reached above 10% to 23%, the intensity of the drug’s effects would be less certain.

For Rotter, his ratio was 9%.

“So it’s definitely in that gray area,” Storey said. “But in my opinion, with what I know about the use, it puts it into that probability category that he was still experiencing effects of the time of the incident.”

Based on his evaluation, Storey says it is likely Rotter was still experiencing the effects of meth and fentanyl before, during and after killing Rocha.

Closing arguments were scheduled for Friday morning.

Maya Tizon; 425-339-3434; maya.tizon@heraldnet.com; Twitter: @mayatizon.