Marion County judge takes new approach with defendant unable to assist in his defense

A Marion County Circuit Court judge on Friday ordered a man charged with attacking three Salem-Keizer Public School employees to remain in jail with weekly treatment at the Oregon State Hospital until he is able to aid and assist his lawyer in his defense.

Typically a defendant who had reached the end of their jurisdiction at the psychiatric hospital would enter a community restoration program to continue learning legal skills, take prescribed medication, and sometimes stay in a treatment bed provided by the Psychiatric Crisis Center in Salem.

But Judge Audrey Broyles said she found Charly Josh Velasquez-Sanchez, 27, of Keizer, a public safety risk and unable to engage in community restoration "at this time."

Velasquez-Sanchez was in community restoration after treatment at the state psychiatric hospital when he was charged in June 2023 with attacking three employees of Highland Elementary School in North Salem.

There is a lack of community-based care for defendants with mental illness who have reached stay limits at the state hospital, so many are released, often to live on the streets, and sometimes commit new crimes.

The women Velasquez-Sanchez is charged with attacking attended Friday's hearing and asked the judge not to allow Velasquez-Sanchez to be released into the community. He was charged with three counts of assault and one count of trespassing.

Broyles' order means Velasquez-Sanchez will continue to get psychiatric care but remain in a secure facility.

"This court finds that the defendant is a public safety risk and unable to engage in community restoration at this time," Broyles said. "The state hospital is the only entity required by statute to provide restoration services to incarcerated individuals. The defendant has a statutory right to access these services."

A system with ‘no options’

U.S. District Court Judge Michael Mosman in September 2022 ordered the state hospital to release aid and assist patients with misdemeanor charges from the hospital within 90 days, felony charges within six months, and “violent felony” or “person-centered” charges within a year.

County courts across the state have had to make tough decisions on a daily basis about defendants who cannot aid in their defense as they are being released more rapidly than before under Mosman's federal court order.

Since the order, over 600 patients in Oregon have been discharged from the state hospital without being able to aid in their defense, and 32% of these cases have been dismissed, Broyles said at Friday's hearing.

Marion County court officials, district attorney and commissioners have been vocal about their disapproval of Mosman's order, prompting several disagreements with the federal court and a lawsuit against the state hospital and Oregon Health Authority.

Lawyer Erin Olson, who represented the victims in Velasquez-Sanchez's case, pointed out that Mosman's order does not consider the impact on victims.

"It's time for somebody to acknowledge that crime victims have rights in the state of Oregon," said Olson.

Assault on school grounds at Highland Elementary in North Salem

Velasquez-Sanchez entered the school grounds at Highland Elementary in North Salem on June 14, 2023, the last day of school for students, according to testimony during Friday's hearing.

Librarian Laurie Miller asked him to turn around and leave school property as he approached the playground, where 20 third and fourth grade students were having a 15-minute recess after their library period. He ignored her. Miller asked again while teaching assistant Ashley Rochetto called on her radio for support.

Velasquez-Sanchez ran at Miller and began punching her. Rochetto asked again for backup and implored someone to call 911. She was then knocked to the ground.

Velasquez-Sanchez began kicking Rochetto and made impact with her head, knocking her unconscious. He jumped on top of her and began punching her in the head. She regained consciousness and remembers people yelling at him to get off her. When she was able, she got up, ran inside and called the police.

"Everything happened really quickly," Rochetto said as she recounted the attack.

At the attacks were occuring, the students began running to get inside or hide behind bushes and playground structures. Rochetto said she remembers telling the kids to run as fast as they could and get inside.

The school went into lockdown and many of the kids were scared, Miller said Friday.

"These kids were beyond traumatized," said Miller.

Three staff members chased Velasquez-Sanchez and held him until police arrived. He was taken into custody, charged and admitted in July to Oregon State Hospital because he was unable to aid his lawyer in his defense due to persistent mental illness and a substance use disorder.

After staying 180 days at the state hospital, Velasquez-Sanchez was discharged from the state hospital on Jan. 18 to the Marion County Jail because he had reached the stay time limit set by Judge Mosman.

History of assaults, domestic violence, DUI and 4 visits to the state hospital

In 2019, Velasquez-Sanchez was convicted of driving under the influence, a hit and run, fleeing a police officer and two counts of menacing, which is threatening to injure another person.

Following a different 2019 charge that was later dismissed, he was found unfit to proceed with his trial because of a behavioral health condition and substance use disorder.

Velasquez-Sanchez has been to the state hospital four separate times since 2020, and has been charged with five assaults, harassment, trespassing and disorderly conduct.

In September 2021, while in between stays at the state hospital, Velasquez-Sanchez got into an argument with his mom and brother that resulted in physical violence. Velasquez-Sanchez pushed his mom, and his brother tried to step in between. Velasquez-Sanchez repeatedly hit his brother in the face, according to court records.

The next time Velasquez-Sanchez came out of the hospital he was staying with his dad and receiving behavioral health and substance use treatment. In June 2022, he went to the emergency room because he was experiencing severe symptoms related to his substance use and behavioral health disorders, according to court records.

His probation officer made him an appointment with Bridgeway Recovery Services in Salem. On the day of the appointment, Velasquez-Sanchez failed to show up, and was instead seen at River Road Park swinging an axe while cursing and pointing at people, according to a Marion County Sheriff's Office description.

He has yet to stand trial for alleged criminal offenses from 2020 forward because of his inability to aid in his defense.

The lasting impact of an unprovoked attack

Rochetto sustained a traumatic brain injury, concussion and multiple cuts and abrasions during the assault. She said she has faced continued emotional and mental distress.

“I’m constantly looking behind my back, checking 360 degrees,” said Rochetto.

She has been in therapy since the attack, but doesn't feel safe, especially at work.

She said "my heart just sank" when she was notified last week that Velasquez-Sanchez had been released from the state hospital and still was unable to aid in his defense.

“I couldn't even believe that this is how our judicial system can work and our health system," she said, adding she thought he would get the care he needed and be able to stand trial.

“I just don't want this to happen to other people in our community, not just him, but anybody who is in a situation similar and could be a danger to others or themselves,” Rochetto said.

Sydney Wyatt covers healthcare inequities in the Mid-Willamette Valley for the Statesman Journal. Send comments, questions, and tips to her at SWyatt@gannett.com, (503) 399-6613, or on Twitter @sydney_elise44

The Statesman Journal’s coverage of healthcare inequities is funded in part by the M.J. Murdock Charitable Trust, which seeks to strengthen the cultural, social, educational, and spiritual base of the Pacific Northwest through capacity-building investments in the nonprofit sector.

This article originally appeared on Salem Statesman Journal: Judge takes new approach with defendant unable to aid in his defense