BELINGHAM — A 45-year-old Bellingham man who is accused of committing a hate crime against a neighbor whose landlords are of Russian and Ukrainian descent has had his case dismissed due to an inability to admit him for treatment in a state psychiatric facility.
Joseph Charles Henrichsen, who also goes by the name Charles Philip Perry, had his criminal court case dismissed Wednesday, Aug. 17, in Whatcom County Superior Court. As of Wednesday, Henrichsen, who has been incarcerated in the Whatcom County Jail since his arrest, had been waiting 132 days to receive treatment.
Henrichsen was charged March 7 with a hate crime, malicious harassment and felony harassment, all felonies, according to court records. Henrichsen allegedly threw fireworks at the property owned by the landlords of Russian and Ukrainian descent, left homemade handcuffs and a note with a penis drawn on one side and “Assassinate Vlad Putin” on the back on the front door, and walked around carrying a gun, court records state.
The victim told law enforcement at the time that the note was meaningful because of his landlords’ identities and because of Russia’s invasion of Ukraine, according to court records.
In mid-March, Henrichsen’s defense attorney at the time requested Henrichsen’s competency to stand trial be evaluated, based on Henrichsen’s charges and notes he allegedly wrote.
A licensed psychologist attempted to interview Henrichsen in the Whatcom County Jail on March 30, but Henrichsen declined to participate. In speaking with family members, one told the psychologist that Henrichsen thought people were mistreating him and were out to get him and his family.
The person told the psychologist that Henrichsen’s behaviors changed about a year prior to his arrest, but worsened after the death of his ex-wife in August 2021, court records show. The person said Henrichsen had a minor disdain toward other people, but it had developed into more severe hostility and he was prone to emotional outbursts prior to his arrest, court records state.
The person told the psychologist that Henrichsen, who had been out of work the six months prior to his arrest, believed he was “blacklisted among the business people” after his mortgage business began to decline during a recession, the records state. Henrichsen then began going by Charles Perry in 2020, records show.
The psychologist determined Henrichsen more than likely did not have the capacity to rationally understand the nature of the proceedings against him or assist in his own defense. The psychologist noted that it was unclear if Henrichsen’s symptoms were due to a psychiatric disorder, an underlying medical condition or were substance induced and said that Henrichsen likely posed a risk to others due to the persecutory delusions he was experiencing and the circumstances surrounding his charges, court records show.
A judge ruled Henrichsen was not competent to stand trial April 7 and signed an order to admit him within 14 days, (as is required by state law and a federal court case pertaining to transfer times for people incarcerated in county jail), to a state psychiatric hospital for 45 days of inpatient restoration treatment, records state.
On May 19, a judge found the Washington State Department of Social and Health Services, which oversees the state psychiatric hospitals, in contempt and fined the agency $200 a day because Henrichsen had not yet been transferred to a treatment facility. The court ruled the fines could be purged if Henrichsen was transferred by no later than July 15, court records show.
The state social and health department said it could not comply with state laws to admit Henrichsen within 14 days due to factors outside of its control, such as an increase in treatment requests and compliance with COVID-19 protocols. The department also said Henrichsen could not go to any facility other than one of the two state psychiatric hospitals due to the alleged violence that led to his charges, records show.
Dismissal hearing
At a review hearing in mid-July, the Whatcom County Prosecuting Attorney’s Office attempted to get an expedited admission for Henrichsen, but the state social and health services department denied the request.
Henrichsen’s public defense attorney then filed a motion to dismiss the case on July 22, arguing that Henrichsen’s due process rights in the Washington State and U.S. Constitutions had been violated, according to court records.
The prosecuting attorney’s office filed a motion several days later asking the court to deny Henrichsen’s request.
At a hearing on Wednesday, a judge dismissed Henrichsen’s case without prejudice, meaning the prosecutor’s office can refile charges if Henrichsen regains competency.
The judge also ordered he be evaluated for a civil commitment to a state psychiatric facility. Records show Henrichsen was still incarcerated in the Whatcom County Jail as of Friday evening, Aug. 19.
In a statement provided to The Bellingham Herald, Whatcom County Senior Deputy Prosecuting Attorney Ben Pratt said the target transport deadlines of 14 days for restoration treatment are rarely met due to a lack of available beds to house and treat people who are accused of crimes and need restoration treatment.
“In recognition of the very real danger this individual appeared to pose to his neighbors and his community, the state sought an expedited admission with the Department of Social and Health Services. The department found him ineligible for expediting,” Pratt said.
Pratt said the prosecutor’s office “strongly opposed” Henrichsen’s defense attorney’s request for dismissal “based on the real and apparent danger the community would be placed in, noting that the court was authorized under law to continue to hold the defendant until restoration transport could be accomplished.”
“Ultimately, the court decided the best course of action was to dismiss the matter without prejudice as requested by the defense and refer the matter to civil commitment.”
Henrichsen’s defense attorney did not respond to a request for comment.
