State v. T. W. (In re T. W.)

422 P.3d 305, 291 Or. App. 679
CourtCourt of Appeals of Oregon
DecidedMay 9, 2018
DocketA160465
StatusPublished
Cited by2 cases

This text of 422 P.3d 305 (State v. T. W. (In re T. W.)) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. T. W. (In re T. W.), 422 P.3d 305, 291 Or. App. 679 (Or. Ct. App. 2018).

Opinions

DEHOOG, J.

*307*680Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In his only assignment of error, appellant contends that the trial court erred in determining that he presented a danger to himself and others. See ORS 426.005(1)(f)(A). We agree and, for the reasons set forth below, we reverse.

On review of the trial court's judgment, "we view the evidence, as supplemented and buttressed by permissible derivative inferences, in the light most favorable to the trial court's disposition and assess whether, when so viewed, the record was legally sufficient to permit that outcome." State v. S. R. J. , 281 Or. App. 741, 743, 386 P.3d 99 (2016) (internal quotation marks omitted).1

Appellant was 49 years old at the time of the civil commitment hearing in September 2015. His history involving mental illness began in the 1990s, when he was in his 20s; he was diagnosed with schizophrenia and was at some point thereafter civilly committed. In 2000 or 2001, appellant experienced auditory hallucinations and believed that people were trying to harm him; he also had an encounter with the police while he was in front of his grandfather's house. In that encounter, he pulled out a pellet gun in the presence of the police, and officers subdued him by firing at him with beanbag rounds. At some point after that incident, appellant received treatment at the Oregon State Hospital.

For a period of time, appellant received treatment in the community and did well-his medication worked for him and he experienced stability. He worked with a health care organization as a peer counselor for at least four years. He also served on the board of a disability rights organization, and he advocated for culturally competent services in Oregon's mental health system. However, his stability changed in the few years leading up to the commitment *681hearing that is the subject of this case. His behavior shifted around the time that he was assigned a new counselor through the Department of Veterans' Affairs (VA) and he was prescribed a different medication that was not effective. He appeared to have relapsed-he experienced auditory hallucinations and struggled with behavioral issues, and his memory changed, causing him to believe that he was still in the 1990s. At some point after the period of stability, appellant was involved in an incident at the credit union office where he banked, resulting in him being barred from that office location.

In the fall of 2014, appellant left the Portland area; he spent some time in Seattle and then travelled to Canada with the intent of seeking "political asylum." He feared living in the United States as a gay black man with mental illness. In April 2015, after his request for asylum in Canada was denied, the Canadian authorities took him to the border, where he crossed into the State of Washington. He then spent time in Mexico and San Diego, California.

While appellant was in the San Diego area, he placed a call to Governor Brown's constituent office and left the following voicemail:

"This message is for Governor Kate Brown. This is [appellant], the son of [a] former [state legislator]. Today is Monday, June 15th. Governor Brown, call off your wolves! Capiche? That means call off all of your fucking agents, actors, and whatever the fuck else your goddam problem is, bitch! You'll die! I consider you, bitch, a fucking enemy. *** I'll kill you! Do you *308fucking understand? I'll fucking kill you, bitch! You're an enemy. *** Don't fuck with me, I'll kill you dead, bitch! You're a dead fucking bitch! Three times! This time I'll walk up, and this fucking day you are dead bitch! Fucking dead! *** You're dead! ***."

Oregon State Police Officer Schinnerer, who was on assignment with the Governor's protection unit, was very concerned by the voicemail. According to Schinnerer, although hostile phone calls to the Governor's office are not uncommon, appellant's voicemail was of a different intensity than other calls. As a result, he began to investigate and attempted to locate appellant. Schinnerer contacted appellant's mother and learned that appellant was in the San *682Diego area. In response to that information, Schinnerer contacted the San Diego police department, who put Schinnerer on an alert list so that he would be notified if appellant had contact with that department. Schinnerer also began contacting appellant's mother regularly in an effort to locate appellant. Ultimately, however, Schinnerer never contacted appellant.

On September 4, 2015, 10 days before the hearing, appellant travelled by train to Portland, intending to get a copy of his birth certificate so that he could apply for an enhanced identification card, which he believed would allow him to lawfully enter and remain in Canada or Mexico. While on the train, appellant perceived two women on the train to be directing hostilities at him and one of them to have threatened to kill him. He responded by calling one of the women a "bitch." She, in turn, sought assistance from the train conductor, who asked appellant to move to the lower compartment of the train; he did. Appellant also claimed to have called the Federal Bureau of Investigation (FBI) from the train because he believed that people on the train were being hostile to him and he wanted train-side assistance in Portland.

At some point before the train arrived in Portland, the conductor called the police. Sergeant Burley, from the Portland Police Bureau's Behavioral Health Unit, went to Union Station along with his colleague, Clinician Hackett.2 When Burley arrived, he observed that appellant, who had gotten off of the train and was waiting for a taxi, was dressed in what appeared to be a white security guard's uniform and was wearing a gold badge on his chest. Appellant also wore a duty belt on which he carried a six- to eight-inch Maglite flashlight, handcuffs, and a pepper spray holder, but no pepper spray.3 Burley spoke with appellant, who told Burley that he was in a hurry and in town to get his birth certificate so that he could apply for an enhanced identification card in the State of Washington. Appellant also told Burley that he had been harassed by people on the train *683throughout his trip from California and that he had taken a video of the individuals with his cell phone, though not while they were harassing him.

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Related

State v. S. S.
480 P.3d 321 (Court of Appeals of Oregon, 2021)
State v. J. P. (In re J. P.)
433 P.3d 452 (Court of Appeals of Oregon, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
422 P.3d 305, 291 Or. App. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-t-w-in-re-t-w-orctapp-2018.