Russell Berry, who fired his shotgun and threatened to set off a homemade bomb at the Lakebay Marina on Aug. 4, now has a jury trial date set for Feb 18, 2016.
On Aug. 5, Superior Court Judge Thomas Felnagle had doubts as to Beery’s competency to “understand the charges made against him and to assist in his own defense.”
Berry had since been confined at Western State Hospital for evaluation and restoration of competency. Washington law does not allow a criminal trial if the person charged does not meet this standard.
On Nov. 4, Judge Jack Nevin reviewed the report from Western State, found that Beery now meets the state standard for competency, set bail at $25,000, determined that Berry was eligible for assigned counsel, entered Berry’s plea of not guilty, and set the trial date.
Berry was arraigned on a threat to bomb or injure property under RCW 9.61.160 (a felony), and felony harassment under RCW 9A.46.020(1)(a)(i) and 2(b).
Berry will remain in the Pierce County jail if bail is not posted.
Note: Information obtained from the Superior Court case file.