KENNEWICK, WA – Aaron Christopher Kelly, the suspect arrested for the Fred Meyer shooting that occurred in Richland in the morning hours of February 7th, was brought in for his arraignment today at Benton County Superior Court. The arraignment did not precede, but instead ended with an order of a competency evaluation by the Department of Social and Health Service.
Before this order, the defense and prosecution argued to the court for more than 45 minutes regarding if Aaron Kelly should be brought in with shackles or not inside the courtroom.
“I argue that my client has the right to his fair constitutional rights.” said Ms. Kane, one of the defense attorneys for Aaron Kelly. She brought the motion that Kelly should not have to wear shackles in the courtroom.
However, the prosecution lead by Mr. Andy Miller, argued that in light of State V. Jackson, this ruling spelled out reasons a courtroom can decide (based upon circumstances individualized to each preceding) whether or not a defendant should be in shackles or not.
State v. Jackson rules that the court should make the choice requiring restrains only when necessary to prevent injury or escape. The necessity of restraints on the defendant is measured by the seriousness of the charge, the defendant’s character, the defendant’s past record, the size and mood of the court audience, the security of the courtroom, defendant’s past attempted escapes or evidence to harm others.
Ms. Kane argued that in her time working with Kelly, that he has a good temperament, listens to jail staff, and has no prior evidence of plans to escape.
Mr. Miller argued that Kelly allegedly escaped the scene at Fred Meyer and emptied out his bank account in Walla Walla. Therefore, he didn’t agree that Kelly had no means of escape.
However, the judge ruled that since the courtroom jail staff that provides security is understaffed, the seriousness of the charge being one count of first degree murder and another of attempted murder, the fact that this is an arraignment, and the fact that two members of the victims family were in the courtroom with high emotion, the judge, David Petersen, decided to shackle Kelly at this hearing.
“The safety of my courtroom is the most important thing and that safety is under my authority,” said Petersen.
Petersen also agreed with prosecuting attorney Andy Miller who argued Kelly could easily escape down the hallway of the court.
After deliberation, Kelly was brought in with shackles and ordered to stand away from everyone else in the jury area.
The defense brought the motion to order a competency evaluation done by the Department of Social and Health Services. They asked the evaluation to be conducted in an inpatient evaluation at a state hospital or any secure facility. Petersen ruled this was appropriate and granted the request. Having done so, the arraignment was postponed and the next court appearance after the competency evaluation will be April 20th 8:30am.
Mr. Miller says he is in no state to object to the motion.
