Judge rules if mental health meds can be forced on Fred Meyer murder suspect. He’s fighting it

The man accused of opening fire and killing a man inside Richland’s Fred Meyer store was ordered to take mental health medications.

Superior Court Judge Joe Burrowes ruled Tuesday that Eastern State Hospital can require Aaron C. Kelly, 40, to take the anti-psychotic Abilify to treat an unspecified schizophrenia spectrum or other psychotic disorder.

The treatment is scheduled to last until late September when he will return to court to determine if he is competent to stand trial for murder and attempted murder.

If he has not improved, his treatment could be extended.

The ruling was met by an immediate list of objections from Kelly, who has refused any medications stronger than a multivitamin during his four months at the Medical Lake, Wash., facility.

The rapid-fire speech brought a compliment from Benton County Prosecutor Andy Miller during the nearly three-hour hearing.

“I will say that the defendant is smarter than most lawyers I practice with on being able to make verbal objections,” he said. “My experience is that lawyers want to get the actual written order and have time to file the objections.”

Kelly appeared by video from Eastern State Hospital where he has been since April 28. During the hearing, he took notes, listened attentively and questioned the state psychiatrist for half an hour.

Competency evaluation

Kelly is accused of shooting two strangers on Feb. 7 — Instacart worker Justin Krumbah and Fred Meyer employee Mark Hill. Krumbah died in the store, and Hill was wounded three times but survived.

After his arrest 11 hours later, he was charged with first-degree murder and attempted first-degree murder in Benton County Superior Court

Legal proceedings have been on hold since Feb. 23 when defense attorneys asked to have his competency evaluated.

After months of waiting, psychologist Brooke England returned with an opinion that Kelly wasn’t mentally healthy enough to stand trial.

As part of the diagnosis, she said the hospital would need to administer medication.

It still remains unclear why he doesn’t want medication, he argued that he has participated in other therapy since a June order was entered to restore his competency.

The competency hearing had been delayed three times until Tuesday.

Mental health medication

Since he was sent to Eastern State Hospital in April, Kelly has resisted treatment, answering questions and taking any medication.

While Kelly was initially diagnosed with delusional disorder, psychiatrist Dr. Anna Hackenmiller disagreed. Normally, the false beliefs that indicate delusional disorder don’t interfere with a person’s functioning.

“I believe that his delusions and paranoia have greatly interfered with his ability to function,” she testified.

Her diagnosis of unspecified schizophrenia spectrum or other psychotic disorder is more general, but uses a similar treatment of an atypical anti-psychotic.

Kelly has a standing prescription for the anti-psychotic risperidone, which he has declined to take.

She recommended Abilify, which has the least amount of side effects, and a similar effectiveness to risperidone, she said.

If the drug is effective, she expects to see his paranoia decrease and his ability to interact improve.

The course of medication also will come with monitoring of his vital signs, including his weight and then on a longer term basis, looking at cholesterol and blood sugar levels.

Depending on the specific reasons for his psychosis, Kelly may need to stay on the medication for the rest of his life.

While other therapy can work alongside medication, it won’t work to restore his competency by itself.

Burrowes allowed Kelly to question Hackenmiller, who asked about the contradictions with England’s initial report.

He also noted that he has cooperated with some of the therapy sessions.

Fred Meyer Shooting

Kelly is accused of walking into the Fred Meyer on Wellsian Way about 11 a.m. on Feb. 8, having a brief conversation with Krumbah, 38, before fatally shooting him.

Kelly then shot Hill, 56, three times near the customer service desk, according to court documents.

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

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