Judge Rejects Agreed Mental Health Sentence, Sends Man to Prison for 23 Months

A Clallam County Superior Court judge refused Tuesday to grant a mental health sentencing alternative that prosecutors and defense counsel had agreed on, and sent a 34-year-old man to state prison for 23.25 months instead.

Judge Brent Basden found that James R. Lundstrom had expressed a willingness to enter the program. He found reasonable grounds to believe Lundstrom is a mentally ill person as defined in RCW 71.24.025, and that the condition is likely to have influenced the offense. He entered no substance use finding.

He sent him to prison anyway. According to the criminal minutes, Judge Basden said he still had concerns about community safety, and about whether the program would benefit Lundstrom and the community.

Lundstrom, who was in custody, addressed the court before the ruling. His attorney, public defender Charlie Commeree, had asked Judge Basden to follow the agreed recommendation.

Deputy Prosecuting Attorney Jesse Espinoza had updated the court on the alternative before that request.

The sentence

Judge Basden went to the standard range, imposing 23.25 months on the lead count. That is the bottom of the 23.25 to 30.75 month range the judgment calculates at an offender score of 3. 

All confinement terms run concurrently, and the court added 18 months of community custody.

A warrant of commitment signed the same day orders the Clallam County sheriff to hold Lundstrom for Department of Corrections transport to the Washington Corrections Center.

On supervision he must obtain a mental health assessment and follow all treatment recommendations, stay away from alcohol and from controlled substances including cannabis, report to a community corrections officer and get the department's approval for where he lives.

What he pleaded to

Lundstrom pleaded guilty May 19 to eight of the nine counts against him. Every count carries an offense date of Feb. 22.

The lead count is attempted burglary in the first degree, a Class B felony on the warrant of commitment. 

Two counts of harassment involving threats to kill and one count of third-degree assault based on criminal negligence and substantial pain are Class C felonies. First-degree malicious mischief, for physical damage above $5,000, is a second Class B felony.

Three gross misdemeanors close the list: third-degree malicious mischief, second-degree vehicle prowling and obstructing a law enforcement officer. The judgment lists 364 days on each, with 354 days suspended and a 24-month term.

Judge Basden dismissed count six, listed on the docket as second-degree malicious mischief.