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`FILED
`IN OPEN COURT
`CDPJ
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`CAUSE NO. 18-1-01489-3
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`La
`BEPUTY,
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`Clerk
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`SUPERIOR COURT OF WASHINGTONFOR PIERCE COUNTY AUG 24 2020
`By___
`Ww
`Pierce Cou
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`18-1-01489-3
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`STATE OF WASHINGTON,
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`Plaintiff,
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`vs.
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`mid
`FO
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`a)
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`COLBY DERELL VINES SHANNON
`AKA COLBY DEREL VINES-SHANNON
`COLBY DERREL SHANNON
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`Defendant.
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`FINDINGS OF FACT, CONCLUSIONS OF
`LAW, JUDGMENT, ORDER OF
`ACQUITTAL BY REASONOF INSANITY,
`AND ORDER COMMITTING DEFENDANT
`FOR TREATMENT
`
`
`THIS MATTERcameon before the Honorable ) : Orla WV XK 4 0 ofthe above-entitled court
`on the day ofAugust, 2020 for a hearing on the defendant’s motion to acquit by reasonofinsanity
`pursuant to RCW 10.77.080. The defendant appeared in court and was represented by his attorney Laura
`Carnell; the State of Washington was represented by Deputy Prosecuting Attorney Brian Wasankari. The
`court, by stipulation ofthe parties, considered the following written reports: 1) Forensic Psychological
`Evaluation prepared by Dr. MichaelStanfill, dated July 19, 2018; 2) Competency Assessment Evaluation
`prepared by Dr. Thomas LeCompte,dated July 31, 2018; 3) Forensic Psychological Evaluation prepared
`by Dr. MichaelStanfill, dated May 15, 2019; 4) Mental State Report prepared by Dr. Lauren Smith,
`dated October 25, 2019. The Court additionally reviewedthefile and records herein, and being otherwise
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`fully advised in the premises, now, therefore, makesthe following:
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`FINDINGS OF FACT
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`1. The defendant is competentto enter a plea to the charges of Robbery in the Second Degree,
`Residential Burglary, two counts of Theft of a Motor Vehicle and Possession of Stolen Property
`in the Third Degree, related to an incidentthat occurred on April 14, 2018, and is competentto
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`standtrial.
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`2. The defendantpresently understandsthe nature of the proceedingsagainst him andisable to
`assist his attorneys in his own defense. The defendant also understands the elements ofthe
`offenses with which he is charged, and he waiveshis rightto trial.
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`FINDINGS AND ORDER - |
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`

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`The defendant understandsthat if he is acquitted by reason ofinsanity that he could be committed
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`to a state hospital for the criminally insane for a term up to the maximum possible penal
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`sentences of ten (10) years for Robbery in the Second Degree, Residential Burglary and Theft of
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`a Motor Vehicle and 364 days for Possession of Stolen Property in the Third Degree.
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`>
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`The defendant committed the charged crimes of Robbery in the Second Degree (CountI of the
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`Information), Residential Burglary (CountII), Theft of a Motor Vehicle x 2 (CountsIII and I'V)
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`and Possession of Stolen Property in the Third Degree (Count V).
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`”
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`The defendant has a documented history of contact with mental health professionals dating back
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`to 2010. Reports indicate that the defendant has a long history of Schizophrenia, with ongoing
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`hallucinations and delusions.
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`a
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`The defendant was referred to Western State Hospital on July 18, 2018 for a competency
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`evaluation. He was found not competent, both as to his ability to understand the nature of the
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`proceedings against him,and asto ability to assist in his own defense. On August 1, 2018, the
`Court ordered that the defendant be admitted to Western State Hospital for a competency
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`restoration period up to 90 days.
`On November 29, 2018, following the competencyrestoration period at Western State Hospital,
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`~
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`the court again found that the defendant was not competent to proceed. The Court specifically
`found that the defendant lacked theability to assist in his own defense. The defendant was
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`ordered to undergo a second 90-day period of competency restoration at Western State Hospital.
`On March29,2019, following the second 90-day period of competency restoration, the Court
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`found that the defendant was competentto proceed.
`On July 12, 2019, the Court ordered an evaluation of the defendant to determinehis mental state
`at the time of the commissionof the acts herein. An evaluation was subsequently conducted by
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`Dr. MichaelStanfill, a licensed psychologist, and a separate evaluation was conducted by Dr.
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`Lauren Smith,a licensed psychologist at Western State Hospital.
`In his report dated May 15, 2019, Dr. Stanfiil opined that the defendant metthe diagnostic criteria
`for Schizophrenia, and further opined that the defendant’s “cognation and behaviors between
`April 11, 2018 and April 14, 2018 were the result of a serious and persistent mentalillness that
`would qualify as a mental disease.” Dr. Stanfill further opined that the defendant was “floridly
`psychotic and experiencing paranoid delusions that he wasin danger and neededto protect
`himself” at the time ofthe crimesalleged herein.
`Dr. Stanfill reported that as a direct result of his mental disease, the defendant could nottell right
`from wrong with reference to the acts charged herein, although he could perceive the nature and
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`ee
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`se
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`10.
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`quality of the acts as charged.
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`FINDINGS AND ORDER- 2
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`

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`12,
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`Dr. Smith offered a provisional diagnosis of Schizophrenia Spectrum Disorder, currently in
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`partial remission on medication, and Substance Use Disorder (Stimulants and Cannabis), by
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`history, in a controlled environment. Dr. Smith opined that, based on the defendant’s voluntary
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`ingestion of intoxicating substances that caused or inducedhis state of mind at the time ofthe
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`offense, an insanity defenseis not available to the defendant. Dr. Smith also opined that the
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`defendantis a moderate to high risk for reoffending and dangerous behavior. Dr. Smith added
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`that it is concerning that the defendanthas a history of ceasing his psychotropic medications and
`using substancesonce heis in the community, and a civil commitment under RCW 71.05 is
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`recommendedshould his custodial situation change.
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`. At the time ofthe acts charged herein, the defendant was suffering from a mental disease or
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`defect affecting the defendant’s mindto the extent that the defendant was unabletotell right from
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`wrongwith reference to the particular acts charged.
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`14.
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`The defendant waslegally insaneat the time of the commission of the acts charged in the original
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`Informationfiled herein.
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`15.
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`The defendantis a substantial dangerto other persons, and he presents a substantial likelihood of
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`committing criminal acts jeopardizing the public safety or security unless kept under further
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`control by the court or other appropriate institutions.
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`CONCLUSIONS OF LAW
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`The Court has jurisdiction over the parties and subject matter of this cause.
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`N
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`On April 14, 2018 the defendant committed the crimes of Robbery in the Second Degree,
`Residential Burglary, Theft of a Motor Vehicle (two counts) and Possession of Stolen Property in
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`the Third Degree, as chargedin the original Information filed herein on April 16, 2018.
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`tad
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`The defendant, as a result of a mental disease or defect, was unable to tell right from wrong with
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`reference to the acts charged herein.
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`>
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`The defendantis a substantial danger to other persons, and there is a substantial likelihood of the
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`defendant committing criminal acts that jeopardize public safety or security unless kept under
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`further control by the court.
`It is in the best interests of the defendant and the public that the defendant, COLBY DERELL
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`in
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`VINES SHANNONbeplacedin treatmentat a state mental hospital.
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`a
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`It is not in the best interests of the defendantor others that the defendant be placed in treatment
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`that is less restrictive than detention in a state mental hospital.
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`JUDGMENT AND ORDER
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`The Court acquits the defendantofthe acts charged becauseof the mental disease or defect
`(insanity) that existed at the timeof the acts charged. It is therefore
`-
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`FINDINGS AND ORDER- 3
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`ORDERED, ADJUDGED AND DECREEDthat the defendant is found Not Guilty by Reason of
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`Insanity of the crimes of Robbery in the Second Degree (Count I), Residential Burglary (CountII), two
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`counts of Theft of a Motor Vehicle (Counts III and IV) and Possession of Stolen Property in the Third
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`Degree (Count V) ofthe original Information filed herein. It is further
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`ORDERED, ADJUDGED AND DECREEDthat pursuant to RCW 10.77, the defendantis
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`committed to the custody of the Secretary of the of the Department of Social and Health Services for
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`hospitalization at such place as shall be designated for the care and treatmentof the criminally insane.
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`It
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`is further
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`ORDERED, ADJUDGED AND DECREEDthatthe defendantshall remain at the state mental
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`hospital or such otherfacility as the Secretary shall designate subject only to further proceedingsofthis
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`court.
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`ORDERED, ADJUDGED AND DECREEDthat defendant COLBY DERELL VINES
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`SHANNONbetransported within seven (7) days by the Pierce County Sheriff's Departmentfrom the
`Pierce County Jail to the custody of the Secretary ofthe Department of Social Health Services.
`It is
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`further
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` ni a ho contact with the following membersof his family by
`emaibar
`ele
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`an
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`itted
`pursua
`RCW._10.7Z
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`Brian Wasankari\
`Deputy Prosecuti
`WSB#28945
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`_
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`Approved as to Fo
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`AUG 24 2029
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`Pierce Coun 1, Clark
`By
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`DEPUT
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`Laura Carnell
`Attorney for Defendant
`WSB #27860
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`FINDINGS AND ORDER- 4
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`

`

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`18-1-01489-3
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`
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`FILED
`IN OPEN Coy
`Cop;
`R
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`Local IDNo. CHRI#2009075 eigeree County ci).
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`Sex:
`[X] Male
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`[J
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`Caucasian
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`Ethnicity:
`[]
`Hispanic
`.
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`Race:
`[]
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`Asian/Pacific
`Islander
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`[|X]
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`Black/African-
`American
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`NnAU>WYNO—
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`=C
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`oma
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`tt
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`ity
`uy
`i
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`,
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`IDENTIFICATION OF DEFENDANT
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`SIDNo. WA25013314
`(If no SID take fingerprint card for State Patrol)
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`FBINo.
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`285463DD3
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`PCN No.
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`542040181
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`Alias name, SSN, DOB:
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`Date of Birth 08/30/1991
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`Other
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`FINGERPRINTS
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`DEFENDANT'S SIGNATURE:
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`Qilby Sha naan
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`DEFENDANT’S ADDRESS:
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`JUDGMENT AND SENTENCE(JS)
`(Felony) (7/2007) Page_ of ____
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`Office of the Prosecuting Attorney
`930 Tacoma Avenue South, Room 946
`Tacoma, Washington 98402-2171
`Main Office:
`(253) 798-7400
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`Hispanic
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`[] Native American[] Other: : {[X] Non- [] Female
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