Trooper shooter is ruled incompetent to stand trial
By Terry Murry on Wednesday, May 10th, 2023 in Columbia Basin News More Top Stories
WALLA WALLA – Brandon Dennis O’Neel, 37, the Walla Walla man accused of shooting Washington State Patrol Trooper Dean Atkinson Jr. last September, has been deemed incompetent to stand trial. Walla Walla County Prosecuting Attorney Gabe Acosta said Eastern State Hospital determined O’Neel does not have the capacity to understand the proceedings against him or to assist in his defense.
Acosta said O’Neel will remain in custody at the Walla Walla County Jail while awaiting transport to the inpatient psychiatric hospital in Medical Lake where O’Neel will undergo competency restoration treatment.
“There is not currently a max or minimum period of time for Eastern State Hospital to receive him,” Acosta said. “Hopefully it will happen within the next month or so.”
Acosta said these types of cases are challenging in the sense that prosecutors must prepare for various outcomes. Ideally, and most often, Acosta said the individual can be restored at a facility like Eastern State Hospital where the person is treated for whatever the mental issues are which have created the incapacity to stand trial. Following competency restoration treatment, prosecutors can resume the criminal proceedings against that individual.
An alternate conclusion is where the individual is unable to be restored to competency and is ultimately found not guilty by reason of insanity.
“Such a person is then committed to a facility like Eastern State Hospital where he/she is kept under control for public safety for a period up to the maximum sentence for the underlying charge,” Acosta said.
According to Acosta, there is also the possibility that such a person may be later determined to no longer be a substantial danger to other persons or present a substantial likelihood of committing criminal acts jeopardizing public safety or security prior to the period of maximum sentence they could have received. If that is the case, the person may be conditionally released by the court after a hearing on the matter.
