Murder case against husband accused of fatally shooting Sunnyland principal dismissed
READ MORE
Lynn Heimsoth murder
Sunnyland Elementary School Principal Lynn Heimsoth, her therapy dog Sukha and the family cat were shot to death Dec. 26, 2019, at her home west of Bellingham. Kevin Heimsoth, her husband who reportedly attempted to kill himself after her death, has been charged with murder and animal cruelty.
Expand All
The murder case against a Bellingham man accused of fatally shooting his wife, Sunnyland principal Lynn Heimsoth, and their pets in their home in 2019 has been dismissed because he is severely mentally disabled and unable to stand trial.
The charges against Kevin Ralph Heimsoth, 57, were dismissed without prejudice by Whatcom County Superior Court Judge Rob Olson at a court hearing Monday, Nov. 23. Dismissing a case without prejudice allows the prosecutor’s office to refile charges in the case if Kevin Heimsoth ever regains competency.
Heimsoth was charged with premeditated first-degree murder and two counts of first-degree animal cruelty (a felony) for the death of his wife, 58-year-old Lynn Heimsoth and their pets. The charging documents had also included an additional penalty for committing the alleged murder with a firearm, court records show.
Heimsoth allegedly shot himself twice in the head after allegedly shooting and killing his wife and their pets.
Lynn Heimsoth’s death was ruled a homicide on Dec. 27, 2019, by the Whatcom County Medical Examiner’s Office. Lynn Heimsoth had been the principal at Sunnyland Elementary School in Bellingham since July 2017. Her family and friends have set up a scholarship in her honor.
Her therapy dog, Sukha — who attended school with her — and a cat were also found fatally shot in the Heimsoth home in the 900 block of Marine Drive west of Bellingham.
Lynn Heimsoth’s “death is a singular tragedy, I know for her friends and family, but also the students, faculty and staff at Sunnyland Elementary. I’m certain it’s been very difficult in the midst of the COVID pandemic to grieve or seek comfort and try to find some closure,” Olson said. “I’m sorry to all of you who have lost your loved one. Again, my heart goes out to you.”
Competency determined
Kevin Heimsoth’s criminal case had been on hold since early February, 2020, allowing time for potential recovery from self-inflicted gunshot wounds. Court proceedings were delayed until Heimsoth’s competency to stand trial could be evaluated and considered.
On Nov. 13, Whatcom County Chief Criminal Deputy Prosecuting Attorney Erik Sigmar filed a motion to dismiss the case against Heimsoth without prejudice and civilly commit him, meaning he would go to a state psychiatric facility for treatment.
Heimsoth was reevaluated by Dr. Mark McClung, a forensic psychiatrist, in mid-August. McClung, who had previously evaluated Heimsoth and his competency in May, also reviewed Heimsoth’s medical records and progress notes to make his determination.
Heimsoth’s medical records showed he suffered two bullet wounds to his head, which caused severe brain damage, according to court records.
Progress reports included in McClung’s evaluation show Heimsoth can follow simple, one-step commands, track things with his eyes, but that he has “significant cognitive and communication deficits impacting attention, speed of processing, orientation, functional communication, memory, thought organization, and executive functioning (poor problem solving),” court records show.
During McClung’s most recent evaluation in August, Heimsoth was only able to answer one question about the court process correctly, but answered “don’t know” or didn’t answer to all the others, the records state. McClung’s report stated that Heimsoth had shown mild improvement between the evaluations in May and August, but that he would be unable to competently participate in court proceedings.
A post-hospital discharge prognosis stated that due to the severity of his brain injury and the impairments associated with it, Heimsoth will need 24-hour care and some physical assistance for the foreseeable future, court records state.
Heimsoth was discharged from Harborview Medical Center in mid-September. He has since been transferred to a 24-hour care facility in the Queen Anne neighborhood of Seattle, Sigmar said in court Monday.
McClung also determined that it was not appropriate to civilly commit Heimsoth to a state psychiatric facility because his problems are medical/neurological, and not psychiatric. McClung stated that it took months to find a 24-hour care facility placement for Heimsoth, and that the state psychiatric facilities were not set up for the treatment required by Heimsoth, court records show.
Case dismissed
At Monday’s hearing, Sigmar said Heimsoth was severely and permanently disabled. He said Heimsoth has never been formally booked, never been placed under formal custody and has never been seen by the court due to the nature of his self-inflicted injuries. Heimsoth’s presence was waived for his court hearing Monday.
Sigmar said Heimsoth is nonfunctional, and intermittently completely nonfunctional, and will “very likely never be the same again.”
Sigmar asked the court to find Heimsoth incompetent to stand trial and to dismiss the case without prejudice. Sigmar said there is a plan in place with the Whatcom County Sheriff’s Office to intermittently check on Heimsoth and his competency.
If he ever regains competency, the prosecutor’s office will recharge him with murder, Sigmar said.
Sigmar said the prosecutor’s office was also declining to move forward with seeking a civil commitment for Heimsoth because his competency issues were medically-related and not psychiatric-related, the difficulty in finding him a care facility placement and because placing him into a state psychiatric facility would take that bed away from someone else who needs it.
Heimsoth’s attorney, Starck Follis, the director of the Whatcom County Public Defender’s Office, agreed with Sigmar in that it was unlikely that Heimsoth would regain competency and that a civil commitment was not the appropriate way forward in the case.
“It is a major case involving murder of the principal at Sunnyland Elementary. Lynn, she was a beloved and respected member of this community,” Sigmar said. “I know it may not feel like justice to the community, certainly it doesn’t feel like justice to me, but there are no other options. The defendant’s self-inflicted wounds rendered him immune from prosecution. The person who is charged with murdering his wife is dead for all intents and purposes.”
.jpeg)
