Man shot by authorities in Arroyo Park in late 2018 declared incompetent for third time
The California man authorities shot and wounded in Arroyo Park after he allegedly threatened people with a machete and fired a crossbow at law enforcement in December 2018 has been declared incompetent to stand trial for the third time, according to Whatcom County Superior Court records.
Micah James Godfrey, 47, is facing five counts of second-degree assault with a deadly weapon. He has pleaded not guilty.
On Oct. 9, Whatcom County Superior Court Judge Raquel Montoya-Lewis ruled that Godfrey was still incompetent to stand trial, and ordered him to be sent back to Eastern State Hospital, a state psychiatric hospital southwest of Spokane, to receive 180 days of mental health treatment.
This will be Godfrey’s third competency restoration process. He has been receiving services at Eastern since early February, according to court records.
At the Oct. 9 hearing, Godfrey’s then-public defense attorney, Angela Anderson, argued that Godfrey was still incompetent to stand trial, and that continued restoration services would not be effective. Anderson argued that Godfrey should be reviewed to be civilly committed to a state psychiatric facility and that his charges be dismissed.
Whatcom County Deputy Prosecuting Attorney Jonathan Richardson argued that Godfrey was competent as he was able to understand the criminal justice system, his charges and had a willingness to assist his attorney with his defense. Richardson argued that because Godfrey has shown improvements during each of his two previous 90-day competency restoration periods that he could continue to improve with more treatment.
Dr. Amy Sellers, who is a forensic evaluator at Eastern State Hospital testified during Godfrey’s Oct. 9 hearing. Sellers said that Godfrey was diagnosed with schizophrenia and had hallucinations and ongoing delusions. Sellers said during testimony that despite Godfrey’s hallucinations being treated, she still believed he was incompetent to stand trial based on continual delusional thoughts plaguing him. Sellers said Godfrey was not recommended for another restoration period because he had already been in the restorative process for a long time, and that Godfrey’s psychiatrist felt he had made Godfrey as stable as he could.
Montoya-Lewis said that the reports issued by Sellers show Godfrey has been making improvements with treatment. She said while Godfrey may be able to understand the criminal justice system, the way his diagnosis is expressing itself is impacting his ability to understand the alleged facts behind his charges.
Montoya-Lewis ruled that Godfrey was not competent, but that it may be possible that he continues to improve with more treatment. She ruled he should undergo 180 more days of competency restoration.
Godfrey’s current public defense attorney, Mamie Lackie, has filed an appeal of Montoya-Lewis’ ruling with the Court of Appeals. The appeals court has not yet said whether it will review Montoya-Lewis’ decision, according to Richardson.
Machete chase, police shooting
On Dec. 23, 2018, law enforcement responded to the Arroyo Park area near the Interurban Trail, just east of where the trail crosses Old Samish Way near Chuckanut Drive after 911 calls about a man chasing at least one person with a machete.
Officers with the Bellingham Police Department and a canine handler with the sheriff’s office responded to the call and began searching for the man, later identified as Godfrey, court records show.
Godfrey allegedly shot a crossbow at the responding officers as they approached him in his camp in a canyon in the woods of Arroyo Park, court records state.
One Bellingham police officer and the sheriff’s canine deputy shot Godfrey, court records state. A total of four rounds were fired, and Godfrey was hit in the hip, records state.
Godfrey received first aid on scene and was taken to St. Joseph’s hospital where he was treated and released into custody.
Whatcom County Prosecutor Eric Richey determined in March that all officers involved used “both objective and subjective good faith” in their decisions to fire their service weapons, The Bellingham Herald previously reported. Richey determined those involved met requirements approved by voters under Initiative 940, which redefined laws regarding police who use deadly force in the line of duty.
Administrative reviews done by both the Whatcom County Sheriff’s Office and the Bellingham Police Department also determined the deputies and officers acted within departmental policies.
This story was originally published October 28, 2019 at 5:00 AM.
