Toledo veteran enters plea of not guilty by reason of insanity

2015.0612.lawandorder.final

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By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The Toledo man arrested after a bizarre series of events that left employees at a Centralia motel hiding and ended in a fight with police officers inside the nearby sandwich shop remains jailed as his lawyer makes plans to delve into his mental state.

Defense attorney Shane O’Rourke described the situation on Alder Street the morning of May 26 as a sort of manic scenario.

“All the witnesses indicated he thought something was happening that was not happening,” O’Rourke said.

Mitchell K. Davis, 27, was a gunner on active duty in Iraq in 2009 who had significant combat and had significant issues afterwards, O’Rourke said.

“We believe he had been brought by Toledo police to Providence Centralia Hospital who dropped him off there,” he said. “I believe he was discharged within a matter of hours before this.”

Officers were called about 11:15 a.m. that day to the Peppermill Inn having been told Davis grabbed an employee, pushed her to the floor and took her phone, according to police. As police arrived, they got a call from a man at the Shell station next door – where Davis allegedly took his phone – and were directed to the Subway shop, according to a police account.

Police said he was hiding in the bathroom, and as he dashed out, knocked a worker to the ground. Davis was subdued with a Taser, but during a struggle, reportedly struck one officer in the face.

Davis yesterday pleaded not guilty by reason of insanity.

He remains in the Lewis County Jail, and O’Rourke is preparing for an extensive evaluation of his client.

The Centralia defense attorney said he expected within the next couple of days he would seek authorization from a judge to engage an expert psychiatrist.

Davis is charged with two counts of second-degree robbery, one count of third-degree assault, two counts of fourth-degree assault, malicious mischief and possession of methamphetamine. His trial is on the Lewis County Superior Court calendar for July 20.

Getting acquitted by reason of insanity can be a long and complex process, according to O’Rourke.

It’s different, in that the defendant acknowledges the acts, but, then a judge or jury has to find one of two things are true, he said.

“A, I did not understand what I was doing because of some kind of mental defect or delusion,” O’Rourke said. “Or B, because of my mental state, I had no ability to appreciate right from wrong.”

It’s a difficult standard to meet, he said.

If it happens, the case then shifts into determining what to do next with the person, he said.

“If it’s a bad enough crime, you’re probably going to be committed the rest of your life, he said.

O’Rourke said one of the allegations is police found a residual amount of methamphetamine, so an issue he expects to come up is an allegation of intoxication.
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For background, read “Sirens: Daily police and fire roundup – POLICE: ‘SPUN UP OUT OF HIS MIND’ ” from Wednesday May 27, 2015, here

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17 Responses to “Toledo veteran enters plea of not guilty by reason of insanity”

  1. JayC says:

    SleepingGiant, I thank you for your last post. I am very family oriented and this man is like a brother to me. He needs real help and hopefully this will make him wake up and really SEE what he needs.

    TriedToHelp, he has honest to god PTSD. I have been there when he lost it and went into a flashback. It was not a pleasant experience and it took ALOT to get him to calm down and see where he was and who was with him.

    GuiltyBystander, they only found A TRACE of meth on him. Period. Nothing else to say.

    Big Irishman, I appreciate what you had to say. Thank you and I hope that if you are in the area you can come and support this man who needs help. He has never really thought great things about himself and he needs to know that he isn’t worthless and that he has people who he may not even know that support him just for what he has done for his country.

  2. Big Irishman says:

    Anybody stop to think that this guy has PTSD and seeing these people flashing cell phones around made him flash back to the streets of Iraq, where insurgents ise cell phones to set off Improvised Explosive Devices that are designed specifically to kill American and allied soldiers? Were drugs involved? I don’t know, but I guarantee that, if they were, it was someone who was suffering deeply trying to self-medicate. The guys is a combat veteran and deserves the benefit of the doubt.

  3. BleeBloo says:

    bath salts?

  4. The Sleeping Giant says:

    Lets hope in the end all of this guys friends will be at his court hearing so they can convince a judge he needs a second chance. Jail is no place to be its just a criminal training school with no real programs. Sounds like there some real help out there for this man. Maybe a 60 day jail sentence and some treatment are in order. Make sure everyone is in court to sway the judge if this guys worth saving.

  5. GuiltyBystander says:

    This guy obviously needs help because he was out of control, but the fact remains he was carrying a drug that can bring on those kinds of actions with or without wartime experience to augment them. Some time at Western State is probably in order and I have no objection to something like that, but meth is meth no matter the back story of who’s using it.

    And, JayC and Dustie, since you’re disappointed that Sharyn didn’t reflect your personal POV’s in this story, there is nothing stopping either of you from starting your own website and showing Sharyn and the rest of us how a “real reporter” does it.

  6. TriedToHelp says:

    Blaming it on PTSD is disrespectful to the people who truly have that disorder. I don’t believe he has that at all. I for one tried everything I could to help him. He has nothing but an addition problem. He doesn’t look like your typical tweeker, he’s a very smart guy who knows the cards to pull to get yourself out of trouble. But unfortunately for him the meth got him into trouble this time and let’s hope he can get the actual help he needs. Committing him into to a mental institution is not gonna help him. Maybe getting him some help back into the real world without drugs and alcohol and trying to get his life back on track like getting a license and a job might help…

  7. JayC says:

    This article is an entire crock. The reporter, and I use the term loosely, should have looked into more facts before writing anything. Should have talked to his wife or close friends or even his family, all of which live within 25 miles of Chehalis. I have known this man for nearly our entire lives and know that he is a completely different person now than he was before the war. I also know that many people who suffer from PTSD can continue to live law abiding lives. Hell I am a person suffering PTSD from a traumatic accident, and live as nearly a normal life as I can. However, before any of you people point a finger and condemn, know that you can’t possibly understand how what happened and what he did in Iraq affected his mental state. This man is family to me and I will stand by him until the day we die. He needs help and is struggling to accept that fact. Your judgement is just a load of crap that you spout out because you know nothing.

    “Let he who has not sinned, throw the first stone.”

  8. Albert Swan says:

    PTSD is serious, no doubt. But meth use is a choice and you are ultimately responsible for your actions. Pleading insanity is a bitch move, stand up, admit responsibility, ask for help but accept your punishment. Disgraceful.

  9. The Sleeping Giant says:

    Friend lol really he must of tripped and fell and some how the meth must of blew into his pocket. Then the police said he was spun out of his mind. Let me guess now the police dont know what a tweeker looks like. Come on really i dont know him. Yeah your right but i do know he was caught with meth. But maybe it was a meth troll that snuck into his pocket and hid his stash. Lol the dude was tweeking and tweeked out

  10. Friend says:

    The Sleeping Giant,

    You do not know him. You are automatically assuming he was using the meth. You are also automatically assuming he is a drug user. How do you know that someone did not just give it him? You don’t know him and you don’t any background to what happened. So please, for everyone’s sake, go back to sleep. Thank you.

  11. Friend says:

    Bill S-

    You are too quick to judge. No one is using his PTSD as an excuse. You weren’t there during the day leading up to the incident. You don’t know anything other than this joke of reporter’s story. You don’t know that he was in the hospital the night before due to be suicidal and then they let him go at 3 AM without calling his family and he had no where to go. This man is a good man and has his demons. He is not making any other veterans look bad. Everyone has their own responses to traumatic events that they go through. And PTSD can look different for different people. You do not know what he has been through. You do not know what he had to do. And as a veteran you should know that family and friends support is very important and you know well and good that his family and friends can read what you are saying…imagine how that makes them feel. Keep your negative thoughts and comments to yourself…

  12. WendyC says:

    Believe me Bill S…he will NOT be getting out of jail free. He will be in PTSD hell for many, many years IF he isn’t given the help he needs. What part of his cry for help do you find insulting. I’m a veteran, AND veterans advocate. I question your validity as a veteran if you are so ready to condemn him. As a legitimate veteran you would be very aware that not all combat/war/military experiences are the same, not everyone reacts to the same situations in the same manner. This is a good man. He is a great loving father. He has some war demons to deal with, and was begging for help. His cry for help, brought him to the hospital…and had the VA coming to get him…and you know the rest of the story. There are some huge holes in the safety nets we have for these guys! Please find some compassion for one who has given so much, and help to find a way to close up some of those holes!!!

  13. WendyC says:

    This war veteran is suffering with full blown ptsd. The VA actually had someone on their way to bring him to VA facilities to help him when the local hospital put him out on the street instead of waiting a few more hours. The problem here is much larger than drugs…and he should have been in treatment not jail…he should have received the help he needed when in the hospital instead of being dumped in his obviously altered mental state, thus becoming a greater danger to himself and others. His life was already spinning out of control, and now it will be even more challenging for him to regain any semblance of the life he had before his service to our country. Treatment instead of punishment is in order in this case!! Our country needs to do more than provide a shallow “Thank you” lip service to our veterans.

  14. Bill S says:

    He’s using his veterans get out of jail free card which is an insult to all of us war veterans who came back and led honest, productive, and law abiding lives. PTSD is no excuse. Neither is getting zonked out of your mind on drugs or alcohol and committing crime.

  15. Best Friend says:

    This is my closet friend. I served with him and have known him for a long time. He needs support and help, I know the effects of PTSD on someone’s life. I founded PTSD WARRIORS a group that supports each other on Facebook we have saved lives. But we all have moments where things aren’t always that clear.

    Please before you judge this man ask yourself what if this was my brother, son, or father. He has a heart of gold and is an amazing person who has slipped through the VA cracks and needs help not punishment.

  16. Dustie says:

    Sharron, you are better then his shallow reporting! Dig deeper! PTSD is where his issues are. Ask his family, and every person who knew this local man before war!

  17. The Sleeping Giant says:

    Any one that is smoking meth is insane thats for sure. But its self induced insanity. Lets get this guy some help with his problem. Hows that Lewis County drug court working out anyways? And furthermore since lewis county has such a huge herion problem why dont we have a methadone program. I you build it they will come. From a recovering Fluoride addict