By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A Lewis County judge yesterday signed an order meaning Steven Moulton of Morton will likely be held indefinitely at Western State Hospital instead of going to trial for an alleged assault of an 8-year-old boy in a public restroom.
At the prosecutor’s request, Moulton was found incompetent to stand trial and the charges were dismissed, according to Deputy Prosecutor Shane O’Rourke.
Steven R. Moulton, Lewis County Superior Court in December 2010
They will petition for Moulton to be civilly committed to the state hospital because he is a danger to the community, O’Rourke said.
Moulton is currently in the care of Western State, O’Rourke said.
The then-21-year-old was charged a year ago in connection with a summer 2010 incident in which he allegedly crawled under the closed door of an occupied bathroom stall where a child said he covered his mouth and punched him twice. It happened in Gust Backstrom Park in Morton.
Moulton was charged in Cowlitz County for a similar incident this summer in Castle Rock, and found to be developmentally disabled, a condition that can’t be fixed with medicine, according to O’Rourke.
The Cowlitz County Prosecutor’s Office challenged the finding but were not successful, O’Rourke said.
It’s a permanent condition, O’Rourke said.
“We came to the conclusion whether we like it or not, we’re not going to get the court to find him competent,” O’Rourke said. “Here, we did not challenge the competency finding.”
O’Rourke said in all likelihood, Moulton will be civilly committed and then reviewed every six months to see if he is no longer a danger and might be released.
Moulton had once before in Lewis County been found not competent in a criminal case related to a developmental disability.
His Lewis County cases were dismissed yesterday with prejudice, meaning the prosecutor could refile the charge at a future date.
Tags: By Sharyn L. Decker, news reporter
Just a follow up for anyone interested. He was committed to Western State yesterday. Too bad the media didn’t continue to follow the case once it left the criminal court system
The law requires re-evaluation of all people committed for mental health issues. It has not been very long ago that people were put into institutions and left there for the rest of their lives with no evaluation of their conditions; or even if they belonged there to begin with. People were placed in institutions because families, if there were any, no longer wanted to care for them. A schedule of evaluations will be set up for those being determined for competency for criminal actions because society (through the administration of the law) requires it. The fact that he will never gain mental or emotional maturity is of no consequence to the process. Society means those who vote.
If he is ever found to be competent the prosecutors will refile charges. I will do whatever is necessary to make sure he spends the rest of his life removed from society so he can never hurt another child. Anyone who hurts children the way he has, regardless of why they do it, does not deserve one ounce of freedom, EVER.
If his condition is permanent and can not be treated with medication, why would we think he might be different in 6 months? Developmental delays at age 21 don’t resolve themselves. I would assume if he’s a danger to the community now, he will be in 6 months as well.
Jennifer.i believe he will be there the rest of his life yet if he ever is to be released,then that means they found him competent and they will try him ..
if he gets released could he then stand trial?