Man accused of Bellingham movie theater bomb threat is due back in court
A judge will decide Monday whether to dismiss the court cases of a man accused of making a bomb threat at a Bellingham movie theater in April 2019 and slashing tires at the Bellingham Police Department in February 2020.
Ryan Nolan MacFarlane, 29, is charged in Whatcom County Superior Court with threat to bomb (a felony), disorderly conduct (a misdemeanor) and felony harassment (threats to kill) in his 2019 case, and second-degree malicious mischief (a felony) in his 2020 case, according to court records.
MacFarlane is accused of threatening he had a bomb at a showing of “Avengers: Endgame” on April 28, 2019, at the Regal Cinemas movie theater in Bellingham.
No bombs were found by Bellingham’s bomb squad, but the threat caused people in the theater to run for the emergency exit and thousands were evacuated from the complex.
Nearly a year later on Feb. 19, 2020, just before 4 a.m., MacFarlane walked into the vestibule of the Bellingham Police Department, picked up the phone that calls 911 and introduced himself. He then said he was being followed by the community, courts and police, according to court records.
MacFarlane then allegedly walked out to the front parking lot and used a large, fixed blade knife to slash tires on three vehicles, the court records state. Video surveillance was captured of MacFarlane, the records state.
Asking for dismissal
In late December 2019, MacFarlane was declared not competent to stand trial in his case involving the alleged bomb threat and a 45-day restoration treatment period was ordered. While MacFarlane could understand the nature of the charges against him, he lacked the capacity to assist his attorney in his defense due to symptoms of mental illness, the court records state.
MacFarlane’s competency was again evaluated in early March 2020 for his malicious mischief case and he was again declared incompetent to stand trial and restoration treatment was ordered, the court records show.
MacFarlane was released from the Whatcom County Jail on his personal recognizance in late March 2020 after a hearing where the court declined to hold the Washington State Department of Social and Health Services in contempt of court over the delays in admitting MacFarlane to a state psychiatric hospital for restoration treatment, the court records state.
After inquiring about an updated date for when MacFarlane might be admitted for treatment in mid-November, MacFarlane’s public defense attorney received a response that admission for out-of-custody defendants was “really slow right now due to the pandemic” and that the state was roughly 10-12 months out from admitting those kinds of patients, according to court records.
On Nov. 30, MacFarlane’s attorney submitted a motion to have the court dismiss MacFarlane’s court cases due to the delays by the state in admitting him for treatment. While MacFarlane is not in custody, he is subjected to pretrial release conditions that don’t allow him to leave Whatcom County. The delay impacts the attorney-client relationship, his mental health has deteriorated and the more time passes, the more information is shared on social media among witnesses and the public, MacFarlane’s attorney wrote.
The earliest admission date for MacFarlane to get treatment is September or November of 2021, the court records state.
“A 341-day delay — as Mr. MacFarlane has already suffered — is egregious. A 641-day delay — as Mr. MacFarlane will suffer if admitted on the earliest estimated 10-month timeline — is unconscionable,” MacFarlane’s attorney wrote in the dismissal motion.
MacFarlane is currently out of custody and is not subjected to pretrial monitoring and he could be restored if he received treatment, the prosecution stated. MacFarlane’s due process rights have not been violated and the delay does not affect his right to a fair trial,the Whatcom County Prosecuting Attorney’s Office wrote in response to the defense’s dismissal motion.
The prosecution asked the court to deny MacFarlane’s request to dismiss his cases.
At a dismissal hearing on Dec. 21, the court found the prosecution had a greater interest in proceeding with the case. The court reserved ruling on the motion to dismiss MacFarlane’s cases and scheduled a hearing for Monday, March 1.
