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News / Northwest

Washington officials say Fred Meyer shooter is now mentally competent. His lawyers disagree

By Cameron Probert, Tri-City Herald
Published: January 27, 2023, 7:28am

KENNEWICK — Five months after he being ordered to take his schizophrenia medication, a Richland murder suspect is ready to face criminal charges, say state psychologists.

Eastern State Hospital medical officials believe that Aaron Christopher Kelly’s condition is in partial remission and he can stand trial in Benton County.

But his attorneys dispute that he’s mentally healthy enough to help in his defense and plan to argue that before a Tri-Cities judge next month.

Kelly, 40, is charged with first-degree murder for killing an Instacart worker, Justin Krumbah, inside the Richland Fred Meyer store last February and also wounding a store employee.

He appeared in Benton County Superior Court this week via video link from the jail.

One of his attorneys, Karla Kane, said a hearing is needed for a judge determine whether Kelly can face trial for murder and attempted murder for the Feb. 7 shooting.

The charges against Kelley have been on hold since Feb. 23, 2022, when defense attorneys asked to have his competency evaluated.

State psychologists agreed that his mental condition prevented him from being able to help his attorneys. They asked for three months of treatment for Kelly, who had refused to cooperative or even to answer questions.

Kelly objected to taking the medication to treat his condition until a judge ruled that the hospital could require him to take it starting last August. He’s remained at the hospital until earlier this month.

Fred Meyer shooting

Kelly is accused of walking into the Fred Meyer on Wellsian Way about 11 a.m. on Feb. 7, 2022, having a brief conversation with Krumbah whom he didn’t know, and then shooting the 38-year-old.

Kelly then shot store employee Mark Hill, 56, three times near the customer service desk, according to court documents. Hill was rushed to a hospital and survived.

Kelly stayed in the store for a few minutes before leaving and eventually heading to his bank to empty his account, prosecutors said.

He was arrested 11 hours later driving on Interstate 90 near Sprague, southwest of Spokane, in Eastern Washington.

Competency report

Washington state psychologists Richard Yocum and Sara Hartigan filed the most recent report on Kelly’s mental health on Jan. 4.

They said his delusions, impaired insight and other symptoms had abated enough that they “did not appear to impair his competency-related abilities.”

“Therefore, it is recommended that he return to court to resume adjudication of his pending criminal matter,” they wrote.

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Kelly had a history of not cooperating with treatment, according to the report. He was preoccupied with what was being documented about him and carried a folder of paperwork that he wouldn’t talk about.

“He also barricaded himself in his room due to paranoia, and he was designated as an escape risk due to the detailed drawing he made of hospital grounds,” according to the report.

He continued to be guarded, suspicious and cautious and isolated himself. However his symptoms appear to have decreased in severity, said the medical officials.

He also started engaging with other patients toward the end of his stay, according to the report.

The psychologists said Kelly’s thoughts were organized, linear and goal-directed and while he reported some “minimal” paranoid beliefs, he didn’t dwell on them.

Kelly also showed that he understood the court proceedings and the role of his attorneys, the judge and the jury.

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