Child pornography charges dismissed against Walla Walla man due to irreversible brain injury

By on Friday, February 13th, 2026 in Columbia Basin News More Top Stories

WALLA WALLA – Prosecutors have dismissed child pornography charges against a 35-year-old Walla Walla man after medical evaluations determined he suffers from an irreversible brain injury.

Kenneth Laine McMillian was charged in September 2024 with seven counts of possessing child pornography following a multi-year investigation. The case

originated in June 2021 when Walla Walla police detectives received several cyber tips regarding the illicit material.

During a court hearing on Thursday, however, the state moved to dismiss the charges without prejudice. The decision followed a mental health evaluation from Eastern State Hospital, which found McMillian to be not competent to stand trial and non-restorable, meaning his mental capacity cannot be improved to a level required for legal proceedings.

The court noted that McMillian suffers from an organic brain injury. Because the injury is irreversible, the legal system cannot proceed with a criminal trial.

As a result of the dismissal, the Department of Social and Health Services (DSHS) will now coordinate with Developmental Disability Services to manage McMillian’s long-term care. McMillian has reportedly utilized these support services for most of his life.

Judge Patrcia Fulton signed the dismissal order Thursday morning, officially concluding the criminal case.