JAMES MARK RIPPEE (APRIL 17, 1963-NOVEMBER 29, 2022)

Catherine J. Rippee-Hanson recently completed this breathtaking digital pen drawing of her brother, the late James Mark Rippee, taken from a photograph.

mark rippee
Digital artwork by Catherine Rippee-Hanson

You know Mark Rippee’s story if you have followed this blog or read any of the media stories about him. For years, this mentally ill, blind, and homeless man clung to a brutal existence on the streets of Vacaville, California. County and state services, not bound by any hard and fast rules, left him to die there, and he did.

Catherine Rippee-Hanson’s brilliant, damning creation deserves to be enshrined as the prevailing image of American society’s degree of concern for its “crazy people.”

If you retain only one image of those dispossessed by our systems of care for our most helpless citizens, let it be this one.

In the Mental-Health Trenches With Three Valiant Mothers

Please carve out a few minutes and listen to these powerful, articulate advocates discuss the most overlooked social and moral blight of our time. 

https://www.buzzsprout.com/1604296/9101018

A MOTHER’S PLAINSONG PLEA FOR HELP

You can find Debbi Anderson’s wrenching cry from the heart farther down this post. I have left the two parts exactly as I found them on a private Facebook discussion site. They are long and messy. That’s the thing about mental-illness narratives. They don’t clean up well. They shouldn’t clean up well. “Polishing” them, “editing them down,” “trimming” out “wordiness,” “sprucing up” bad diction—these are forms of murder within this genre. This kind of sanitizing leaches out the violated humanity in the original words. It distills the raw passion down to journalese.

And that is a core problem with writing about mental-health issues, whether quoting from a frantic mother or composing expository prose about the nature of brain disease: it comes out either too long or too sterile.

Debbi Anderson

Here I am going to risk both the former and the latter. I’m going to give you the context of Debbi’s two messages. (There is some repetition.) And then I am going to turn things over to Debbi, who has given me her permission. In a later post, I will examine some of the public-policy roadblocks to relief for her and her stricken son.

Set aside some time. But please try to read every word of Debbi’s stream-of-consciousness burst of despair. At a minimum, it will (re-)introduce you to a world that most people shrink from even thinking about. If a miracle occurs, it might infuriate you into joining the ranks of the reform advocates.

Debbi Anderson is a working-class woman who lives in Wichita, Kansas. Her son Devin has spent 18 of his 36 years in a fog of severe schizophrenia, and the voices in his head have driven him again and again to the streets (see the “missing” poster link below), to addiction, to jail, and to at least ten suicide attempts: “dangerous” behavior. Dangerous “to himself and others,” as the bloodless bureaucratic bromide has it.

Debbie, whose photographs show a blonde woman with large, penetrating eyes, has stood with her son all this time, tortured with worry as he has shuttled in and out of “care centers”—another bloodless bromide. (Some work well; others—well, read Debbi.) She has divorced his father and remarried, to a man who means well for Devin yet understandably lacks a clue as to how to maintain a bond of trust with him. 

Things have hit rock bottom. Devin has been evicted from his latest hovel, a “rat drug infested apartment” in Debbi’s description, that his latest caseworker found for him. Why? Because he is uncontrollable. He is uncontrollable because the voices in his head ordered him to go off the stabilizing medication that once worked for him. The bloodless bureaucratic bromide-term for this condition is “anosognosia”—lack of insight. The bedraggled bailiwicks of American mental healthcare are suffocated under bureaucratic jargon and acronyms.  And this is probably one big reason that no one cares about crazy people.

Here is Debbi:

I have attempted to post something about three times on here and every time I deleted it! I have ADHD, so if I jump around on here you’ll know why LOL I feel like you need to know that before you read this! My son was diagnosed with schizophrenia at the age of 18 is 36 now most of my family was worried about what the neighbors would think! My mother was extremely narcissistic  so I know I get no support there! It has been 18 years of hell! he has a severe case! When he was diagnosed I was relieved in a sense I could finally put a name to what was attacking my son!! But I went from saving him from himself to having a gun pulled on me trying to get him out of a motel I was young and stupid back then that isn’t gonna happen again! but phone calls at night needing a ride because got beat up dont know how many times going out on the streets panhandling staying in the worst dirt bag place you could find. He had at least 10 suicide attempts when he goes off his medication the voices just torture him! Constantly went missing here in Wichita Kansas and then got so delusional and manic he thought that $.50 the rapper stole his lyrics He tried three times to make it to California and the third time’s a charm! Made it to California went missing for over a year. I searched every day it was hell! I was not sleeping throwing up malnutrition losing my hair (I’m sure some of you have been thru this!) After the year was up my mind was taking over like it was trying to prepare me for that awful phone call or knock on the door we all dread! And then a phone call came in, from a hospital in south-central LA it was my son finally someone called me and asked me if I had a son named DEVIN! How he ever survived that i’ll never understand it had to be a God thing! He wanted to stay there! So in order for me to get the help that he so desperately needed I had to give up my rights so we could be a ward of California by the way one of the hardest decisions I ever had to make doing that! He started the revolving door in California just like he did here in Wichita Hospital group home run away hospital group home you know the routine for years and until he met a doctor that really helped him! Who would’ve thought an old-school drug like haladol would help him so much one shot monthly XR! So he’s in the same group home for quite a while he started making phone calls to me back home in Kansas and he sounded more like MY SON!! than ever since the day he was diagnosed!!! Still had attitude problems but nothing like it used to be not going out on the streets and doing God knows what and doing things that I wish I never new about! He was somewhat stable so he decided he wanted to come back home! Everybody else was thrilled I was scared don’t get me wrong I miss him so much! But the thought of having him back here in my face and going through hell again I wanted to believe that everything was gonna be OK so desperately! deep down inside I knew it wouldn’t be! I have been with an amazing man going on eight years he is my support system he is my world he just could not understand why I wasn’t so excited I felt guilty don’t get me wrong I want to see him so bad I really missed him it had been over seven years since I saw my son! so I set up a meeting with his group home and we had a plan the team met and we had an exit strategy I laid down my boundaries and my rules you know nothing too terrible no drinking in my house and no drugging and you will let me know where you’re at! Because I have worried enough through the years to last one person 20 lifetimes! But the first several months went really well I’ve bonded with my son since the first time he’s been diagnosed we were getting close he still had some issues but like I said nothing like before! Then when he got comfortable back home he started getting Like he had ants in his pants! 

When ever he had money in his pocket the streets with Would call him! countless nights talking him out of using drugs the voices telling him to stop taking his shot then he meets a girl that’s an alcoholic and all goes downhill from there starts taking off I have no clue where is that then he decided to ask his case worker for an apartment and they put him in the most rat drug infested apartment they could find he got evicted because he can’t even take care of himself he’s so delusional because he’s been off of his shot for quite some time now which should’ve already been in the case file at the mental health place that he goes through I know there’s like a huge file on him but nobody bothers to look at that it’s already been proven he can’t live alone he can’t shower now he doesn’t even know he needs to! he barely eats! out on the streets living homeless panhandling for money and doing other things on the streets I don’t even want to talk about they are so horrible! This is what happens when the voices told MY SON not to take his monthly shot The mental health services here has told me they’re going to quit him if he doesn’t make contact with them and work on his goals. My son is out of his mind right now! he doesn’t even believe I’m his mother! How can an irrational person do what their supposed to do?!

I need help before the suicide attempts start again! By the way I am off his release so that makes it twice as hard! I know that we all have different issues and that we’re all on different levels my son is on an extreme level right now he’s very sick! He puts himself in the most dangerous situation he can find! I call that a danger to yourself I still can’t get him hospitalized! He’s been back for a year and a half and stayed on his medication for probably half the year since he came back and he’s only been hospitalized twice and never got to stay they sent him home and he was still delusional well they didn’t send him home they dumped him off at a shelter!! The system is so broken they have nothing to protect our severely mentally ill!! 

(Later post)

Yes! I was on the website today advocates for the mentally ill on Facebook and I read the blog with the sister that had a mentally ill brother and when I read it it was like I was reading about my sons life! I posted on there several times about my son and I think you even commented on one of the posts my son is 36 he was diagnosed with severe schizophrenia When he barely turned 18 so I have been doing with this hell for 18 years! When I read that she said she’s been doing this for 33 years i was like oh my god that’s gonna be me! I have been told has been the worst case of voices a doctor in California told me that several years ago! I’m from Wichita Kansas and my son was delusional and off meds several years ago thought the rapper 50cents stole his lyrics, so he tried three times to make it to California It scares me to think what he would’ve done if he did find him he was missing for over a year I searched every day he was found over a year later in south-central LA how he made it that long alive I will never know!! so anyway he decided he wanted to stay in California which they have a better mental health system than Kansas and more funding for the mentally ill so he stayed there a few years and decided he wanted to come back home because he was stable finally found medication that would work Every month he is supposed to take a shot of haldol XR it is The most lucid I have ever seen my son! But eventually those damn take over and they tell him not to take the medication! We have done revolving door run away , state hospital group home Rinse and repeat! you know throw in a couple jail times in there! I have spent his entire life practically saving him from himself I have had a gun pulled at my head shot at trying to get him out of a dangerous situation with gang members! Did that when was when I was young and stupid LOL that won’t happen again! I’m just blown away he got that far Wichita Kansas to south-central LA On Greyhound bus But he was manic and full of energy as he’s gotten older his illness so much worse! Attempted Suicide at least 10 times he gets off his meds for a long period of time voices are going to take over and literally torture him he will shoot anything in his veins there any kind of drug because he’s convinced it makes the voices go away when in reality it makes it amplified! He has a CaseWorker I’m not on any release he refuses to sign it! Years ago I wouldn’t be able to get him talked into going to the hospital as he’s gotten older he acts like I’m not his mom and he literally tells me you’re not my mom I don’t know who you are he doesn’t know who I am he’s so far gone he told my daughter the other day several months ago that he was an alien and he can’t ever take a shirt off because he has a hoses all over his body! He says he doesn’t even know his name he said he is black when reality he’s white The Services here we have for him are horrible They been just been letting him fend for himself he has met criteria for a danger to himself several times over but here it’s not actually trying to commit suicide they don’t think it’s a danger to himself when in reality he’s doing a slow methodical suicide he doesn’t care if he lives or dies! If he was walking down the street and there was a bunch of mean guys with guns and on the other side it was a bunch of nuns wanting to help him he would go over to the bad guys with them every time! Straight now he doesn’t shower and clean he was living in filth downstairs to meet her but he left the door unlocked one day and it was ungodly the mental health passivity here in Kansas has hardly any funding so they find a cheap drug infested apartment the last place in today well he got evicted there and now he’s on the streets hustling money running around with murderers prostitutes and drug dealers They all take advantage of him he won’t let any of us near him he runs from a course I am like the devil because I’m the one that wants to get him help when you’re that ill anyone who wants to get him help is the enemy! It’s heartbreaking he gets worse every day anyway there’s so much more but I’ll stop there I know it’s rambling and confusing I’m sorry also that’s why I want to him on the shot because he wouldn’t take his regular tablets but now he won’t even show up to get a shot it’s time for his shot this month again he has not been on it for four or 5 months The voices in his head Literally torture him! If he stays off his meds for too long he starts contemplating suicide! it’s been 18 years of hell! But I’ll never give up! The mental health care facility here where his caseworker is told me yesterday that if my son doesn’t start taking his medication and working towards his goals and if he doesn’t stop missing all his appointments they were going to take him ofc there caseload and he will no longer be a part of their agency they are worried about liability because he’s out there on the streets if something happened! unbelievable! I am so upset about that it seems like the more severe they get the worse they’re treated legally community wise and everything else! No so he can’t think rational how would he even know to go to his appointments he doesn’t even think I’m his mom! So tired of everyone thinking that they’re capable of talking or thinking rationally at this point! Thank you again for letting me share it’s good to get the stuff out of me I cry a lot I feel so defeated! 

“BECAUSE THE TRUTH IS RAW AND UNAPOLOGETIC”

Mark Rippee after his motorcycle accident

If you follow this blog, you know that I’ve written many times about the tragedy of Mark Rippee of Vacaville, CA. Here is a powerful essay by one of his two indefatigable sisters, written in May 2020 and reposted by her today, that says it all, and better than I have: https://www.catsvisions.org/post/no-apologies-by-catherine-j-rippee-hanson

Black Children and Mental Illness: An under-examined Hell Within a Hell

The ravages of mental illness continue to flood every corner of society. Coverage of this atrocity has improved in quantity and sophistication in the last quarter-century–but to what end? Policy-makers, law enforcement and public opinion remain largely indifferent to meaningful education and reform. Mis-diagnoses, non-diagnoses, incarceration, hospital indifference, and violent deaths of people in psychosis surge on, gathering speed. And no one is at the wheel.

This strongly observed and written story by Hannah Dreier of The Washington Post throws light into an especially neglected precinct: Poor black families, and the mentally afflicted children within those families. It provides a glimpse of the day-to-day crises of a divorced Black mother, Kelli, and her two sons–one of whom, the 11-year-old Ahav, is diagnosed with schizophrenia.

You may read Dreier’s piece as simply a searing journey into the wilderness of one family’s mental-illness misery, and of the heroic efforts of Kelli to keep Ahav safe. A closer reading reveals a miasma of bureaucratic obstacles, therapeutic failure, option-choking poverty, and the constant dread of trigger-happy law enforcement that imprison tens of thousands of families such as Kelli’s in the rusted chains of our failed mental healthcare system.

Standing Tall in Iowa

Not talking about the caucus winner here. Talking about a pair of grass-roots Iowans, my friends Leslie and Scott Carpenter, mental-health advocates who fit every definition of “everyday heroes.”

The parents of a schizophrenia-afflicted son brutalized by our broken treatment systems, Leslie and Scott have carried on a tireless crusade for reform that has extended more than ten years. Often they struggled in obscurity, and against indifference, until the Iowa caucuses brought the Democratic presidential candidates to their doorstep. 


Their work in spreading the reform messages directly to the candidates has placed them at the center of a widening national movement to end the many atrocities of our treatment and criminal-justice systems, and the candidates are listening. I will let Leslie pick up the story here, and close by saying that these two luminous people embody the concept of “hope.”

Rights vs. Rights, Once Again: Should the Seriously Mentally Ill Be Allowed to Reject Treatment?

A ruling by the Vermont Supreme Court, in my home state, has decided in favor of a patient suffering from schizophrenia who does not want medication or treatment. It’s a supremely vexing question, but I think the court erred.

The rock has rolled downhill again. The Sisyphean slog toward rational mental healthcare once more has been flattened under the weight of judicial folly.

Sisyphus pushing his stone up the mountain.
Sisyphus pushing his stone up the mountain. 

On Friday, November 15, the Vermont Supreme Court ruled in favor of a plaintiff suffering from years of diagnosed schizophrenia—a person [mark this word] with a history of episodic violence and aggression, and periods of catatonia—who had asked not to be medicated against his will.

The ruling means that this plaintiff has likely ingested his last medical stabilizer against psychotic episodes—the final internal barrier to hallucination, delusional thinking, disordered speech and movement; and, in rare cases, violence to themselves and/or others. (It’s also likely that he wrote his request while stabilized, an irony that I will examine later.)

According to the court decision itself, as reported in the Rutland (VT) Herald, this person’s propensity to violent and aggressive acts while in the grip of psychosis is not merely theoretical. He has committed such acts before.

The court’s wording: “Patient has a history of unpredictable violence and unprovoked aggression toward hospital and treatment facility staff, police and others.”

Given the annals of psychiatric case history, there is little reason to doubt that, when seized by psychosis in the future, he will do so again.

My own family’s experiences testify to this likelihood. Our younger son Kevin was diagnosed as schizophrenic in 2003. He rejected his antipsychotic medications in 2005, and in July of that year, a week before his 21 st birthday, Kevin hanged himself in the basement of our Middlebury home.

It’s essential to pause here and parse the meaning of “person.”

The man in question—the core person—is not inherently a criminal, just as life-affirming Kevin was not inherently suicidal. The authentic person is described as intelligent, a reader, a researcher of information. It is the incurable disease itself, which invaded the person’s brain and has rendered his life hellish since the age of 12, that bears responsibility for his aberrant impulses.

The basis for the court’s ruling seems to be an “advance directive” created and signed by the patient in 2017, in which he stated that he wanted no neuroleptics or antipsychotics, no psychiatric drugs, “no medications I do not desire at the time.” Advance directives are documents that state the signatory’s medical-care wishes in the event the writer has lost the capacity to make such decisions on his own.

I believe that the Vermont Supreme Court’s ruling in this case was misguided. I believe it poses risks to people who come in contact with the plaintiff (or more accurately, with his psychosis); risks to the plaintiff himself; and risks as a dangerous precedent, for the same general reasons.

I don’t write these words lightly. Severe mental illness is a uniquely accursed affliction that defeats good intentions and pits legitimate purposes against legitimate purposes, as in this case. No one wants to live in a society that withholds a person’s right to control her medical destiny.

But there is that stubborn word again: “person.” It’s revealing that the plaintiff wrote and signed his advance directive in 2017, a period in which he was in the care of the Brattleboro Retreat for a sixth time and was being administered the antipsychotic medication compound trifluoromethyl phenothiazine. Presumably he was in relative control of his thoughts and actions. If so, he was in (relative) control exactly because of the medication. This is the irony I promised earlier.

I write “relative” control because a frequent traveling companion of schizophrenia is anosognosia—a medical term for “lack of insight.” Anosognosia shows up in about half of all schizophrenia cases. Its effect is to convince the sufferer that everything is fine. There is no disease. And so, no need for medications and their often harsh side effects.

Ultimately, the Vermont Supreme Court decision was grounded in “rights”: the “right” of a citizen to be free from involuntary medical treatment if he so decides. But what if the decider is not the citizen but the disease itself? In my clearly non-judicial opinion, the “right” in such a case must default to the core person: the entity who will be among those harmed, perhaps fatally, by the disease’s “harm to self or others.”

Vermont, and the nation, need to drastically reconsider the balance of legitimate purposes in granting medical immunity to people who are incapable of judging that right in a rational way. The entire question of “rights” in this context is an artifact of overzealous liberal activism in the 1960’s. Vermont is a fairly liberal state, and I personally hold to liberal views. But this is not really a question of ideology. It is a question of common sense.

https://www.rutlandherald.com/news/high-court-overturns-involuntary-medication-order/article_bba91529-cb0a-5b7f-838a-9b0d29089135.html

Father Of 2 Sons With Schizophrenia Talks Of His Struggle To Save Them

via NPR

March 20, 20171:13 PM ET Heard on Fresh Air

As the father of two sons with schizophrenia, author Ron Powers is familiar with the pain and frustration of dealing with a chronic, incurable disease of the brain.

Powers’ younger son, Kevin, was a talented musician whose struggles with schizophrenia began at age 17. Just before his 21st birthday, in 2005, Kevin took his own life.

A few years later, Powers’ older son, Dean, started experiencing symptoms of schizophrenia and had a psychotic break.

Ron Powers, a Pulitzer Prize-winning journalist and media critic, wrote Flags of our Fathers, which was adapted into a film by Clint Eastwood.Sarah Junek/Hachette Books

“There is no greater … feeling of helplessness than to watch two beloved sons deteriorate before [your] eyes, not knowing what to do to bring them back,” Powers tells Fresh Air‘s Terry Gross.

Powers’ new book, No One Cares About Crazy People, is both a memoir about his sons and a history of how the mentally ill have been treated medically, legally and socially. Although Dean is now medicated and doing well, Powers notes that many people with schizophrenia don’t receive the treatment they need — in part because they often don’t believe they are ill.

“This unwillingness to believe that one is afflicted has led to tremendous problems,” Powers says. “To force that person into being helped is a violation of his or her civil rights … and the law may penalize the care workers who give [people with schizophrenia] medications or admit them to a hospital against their will. … That is the great reigning Catch-22 of the way our society deals — or fails to deal — with schizophrenia.”

Interview Highlights

On why symptoms of schizophrenia often surface around the age of 17

It has to do with the maturation of the brain. … In order to start functioning as an adult brain, the brain must undergo a period of what is called “synaptic pruning,” really a cleansing away of all of the neurons, all of the connective material that is built up since infancy. That is no longer useful and it’s quickly replaced, but there is a period of vacancy, almost, in which the brain is very vulnerable to any kind of disruption. It’s unprotected, and this is the period of life, roughly clustered around the age of 17, when the disease can make its appearance.

On how denial impacted his sons’ treatment

Each of our sons was afflicted with this companion condition called anosognosia. … [It’s] defined as an inability to understand the self, a blockage of insight into what is happening. Many, perhaps most, of schizophrenic victims deny that they are schizophrenic, and this has led to many important social and legal and ideological conflicts. … The denial that took place, with Kevin the symptoms occurred before he reached the age of 18, meaning he could be treated without his consent. He was a juvenile and he was taken into care and custody without his consent.

Dean was over the age [of consent] and resisted treatment, denied that he needed to be treated, and it was only after a series of psychotic breaks that he came around to the understanding that he needed help.

Dean is accountable to a clinician. He has to report; there is a record of him taking his meds. Kevin was taking oral medication only on his own consent and we weren’t sophisticated enough to perceive that instead of taking the meds Kevin might be hiding the meds. This happened in the later stages of his descent and it was after he finally announced to us, “I’m fine. I’m healed. I’m OK, I’m not going to take my pills.”

Within a few months after that, Kevin hanged himself in our basement.

On trying to understand the degree of Kevin’s suffering

He was hearing voices. We know that. We could watch him through the kitchen window as he walked out of the house and toward the hot tub that he loved to sit in. We could see him climb into the hot tub and sit down, his profile was to us, and we could see him laugh. He would laugh, he would giggle. … Something was talking to him, and I think because of that happy response we saw from him we told ourselves that he had made friends with the voices, that the voices were beckoning him, they were coaxing him into their world, and that he finally decided to join them. I don’t know whether that’s true or not. I’ll tell you that it got me through the first five years of trying to figure out where Kevin’s mind had gone.

On still having dreams of Kevin

In the dreams Kevin is alive. He’s a small boy, around 10, 11, 12 years old. We know he’s a gifted guitar player, but he’s stopped playing his guitar, and he won’t start again. The odd thing is that both Honoree and I have had this dream. It might be a metaphor for his death, but he shows up, almost every night, as I say. … I’m glad to see him. In the dreams he is etched so perfectly. The reality of him, the physical sharp-focused reality of Kevin is overwhelming and all of his kindness and his goodness are there.

On the effects of deinstitutionalization in the 1960s on people with mental illness

The advent of the so-called “wonder drugs” like Thorazine … were touted as cures for schizophrenia — they weren’t. At best they were cures for symptoms. But on the strength of Thorazine and its great consumer success and promise, President Kennedy, seeking to do the right thing, signed legislation … in 1963 … that authorized the emptying out of mental asylums and the transferring of their patients, their inmates, hopefully into community care centers that were going to be built around the country to receive them.

Deinstitutionalization was a catastrophic social experiment, one of the worst we’ve ever had. It ended up creating the [mentally ill] homeless population that still plagues us today.

The second terrible effect of deinstitutionalization was that many of the people never ended up in the community centers. The government ran out of money. They couldn’t build enough to contain this outflow of patients, so they ended up on the streets, and from the streets they ended up in prison. Many of them. Today our prisons are overflowing with the mentally ill. Prisons are our de facto mental hospitals.

If You Needed Me

Here is the most heartwarming hope-and-love-saturated video I have ever seen from the annals of mental illness. Ray Weaver is an American singer-songwriter living in Denmark. His gifted daughter Savannah Esperson Weaver, living in America, has for years struggled with afflictions variously diagnosed as bipolar disorder; borderline personality disorder; and, ultimately, schizophrenia. Ray made many trips from Europe to America to visit and support his valiant daughter. Just a few weeks ago, consummating months of treatment and medications, Savannah’s doctors approved her request to be with her beloved father. Here they are, reunited in song: the Townes Van Zandt ballad, “If I Needed You, Would You Come to Me?” 

The Soul Grows Weary

Delusional man who threatened to kill strangers no longer barred from owning guns by Oregon Courts

via The Oregonian

By Aimee Green | The Oregonian/OregonLive agreen@oregonian.com
The Oregonian/OregonLive

The Oregon Court of Appeals on Wednesday reversed a southern Oregon judge’s decision to commit a man to the state psychiatric hospital and revoke his gun ownership rights after he’d threatened to kill strangers who he believed were watching him through power lines and robotic birds.

The man’s case illustrates Oregon’s high legal bar for forcing people with mental illness into receiving treatment and forbidding them from having guns.

The case also highlights battling ideologies: One argues that people who have been diagnosed with mental illness and have threatened to kill others should be sent to the state hospital for involuntary treatment for up to 180 days. The other argues that forcing vulnerable people to receive treatment without significant evidence they’re truly a danger violates their civil liberties and can have devastating effects on them.

The man in this case was identified in court papers only as 43-year-old “J.P.”

Alexander Cambier, a Portland public defender who represented J.P.’s interests before the Appeals Court, said committing someone for up to six months represents a significant “deprivation of liberty” that must be backed up by evidence of the person’s future dangerousness.

“In a case like this the state is seeking to put someone in a hospital room — which can look a lot like a jail cell, i.e. locked doors and bars over the windows — not because they have actually hurt someone but because the state is predicting that they will hurt someone in the future,” Cambier told The Oregonian/OregonLive.

The Appeals Court said prosecutors didn’t legal justify the case against J.P. because he didn’t have the means to actually acquire a gun and probably didn’t have the physical strength to hang people as he had threatened.

J.P. had been diagnosed with schizophrenia and a supervisor at a mental health clinic was worried he’d act on his delusions to “kill” or “hang” strangers who he thought were members of the mafia, according to an Appeals Court summary of the case.

J.P.’s encounter with the mental health system began after his mother became gravely concerned when he sent her photos he took of a man at a bus stop and people in cars because he thought they were monitoring him, according to the summary. He also said he thought the roofers working on the house across the street from his grown daughter’s home were in on it, too.

Within a few weeks, he called his mother and announced he was ready to act, stating: “I’m ready to get these people. Whatever means necessary, I need to do this today,” according to the summary.

He added: “I don’t care how I have to do it. I’ll kill them. I’ll hang them. I’ll do whatever I have to. I need to deal with this.”

During a hearing, Douglas County Circuit Judge William Marshall said he considered J.P. a “real danger … to other people,” in part because he’d at one point successfully convinced his daughter to briefly loan him an unloaded shotgun.

“This illness is long-term,” Marshall said. “It’s not disappearing. It’s continuing to invade him.”

But in reversing Marshall’s ruling, the Appeals Court noted there was no evidence that J.P. followed his “verbal threats” with an “overt act” that indicated he was “highly likely” to end someone’s life.

“There was no evidence in the record … that the threat was anything more than the result of his delusions and agitation,” the Appeals Court wrote.

The court noted several other cases in which other people didn’t meet that bar, including a woman who had made threats to kill her neighbor’s children and put their heads on her fence and a man who threatened to kill a police officer by telling him he was a “dead man walking.”

It also noted the case of a woman who it determined had been lawfully committed: She fired a bullet into the wall dividing her apartment from her neighbor’s. That proved she was highly likely to be dangerous in the future, the Appeals Court said.

J.P., the man at the center of Wednesday’s ruling, was civilly committed in October 2017. He has long since left the state hospital. But the ruling has the effect of restoring his right to possess or own guns. Such a prohibition would have lasted indefinitely unless he successfully convinced the state’s Psychiatric Security Review Board to restore those rights.

The opinion was made by a three-judge panel of the Appeals Court: Rex Armstrong, Douglas Tookey and Scott Shorr. Read the opinion here.

— Aimee Green

agreen@oregonian.com

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