Man accused in hate crime against Bellingham boy declared incompetent to stand trial
The man facing hate crime charges for allegedly targeting and assaulting an 11-year-old Bellingham boy who was returning from a field trip with his class in downtown Bellingham in mid-June has been declared incompetent to stand trial.
Paul Jonathan Bittner, 42, of Ukiah, Calif., was charged June 14 in Whatcom County Superior Court with one count of a hate crime and one count of second-degree assault of a child, both felonies. Bittner’s hate crime charge accuses him of “maliciously and intentionally” assaulting another person because of the perception of their race, while Bittner’s assault charge alleges he intentionally assaulted a child under age 13 and “thereby recklessly inflict(ed) substantial bodily harm” upon the child, according to court records.
Bittner is white, and the boy is African American. The sixth-grade Whatcom Middle School student was returning to school with his class on June 12, following a walking field trip they had taken to the Pickford Film Center in downtown Bellingham.
While the class was walking north on Grand Avenue near the county courthouse, Bittner appeared to follow alongside, before slipping into step with the group. Bittner began walking directly in front of the boy, who was speaking with his white friend. Bittner then turned around and punched the boy in the face, according to court records. The boy suffered “immense pain” in his face and a chipped tooth, court documents state.
School staff members quickly separated Bittner from the group following the attack and he was found and detained shortly after the assault in the 200 block of Prospect Street. In an interview with the Bellingham Police Department, the boy told officers he believed the random assault occurred because of his race.
Bittner pleaded not guilty to the charges at his arraignment hearing June 21. Similar to Bittner’s first appearance hearing, his arraignment hearing was attended by more than 70 community members, who packed into a small fifth-floor courtroom in the Whatcom County Courthouse in support of the child and his family. Extra benches and chairs were brought into the courtroom, while the large, double doors were kept open for people in the hallway to watch and hear the proceedings. His arraignment was one of the most well-attended arraignment hearings that has happened in Whatcom County Superior Court in at least five years, The Bellingham Herald previously reported.
Roughly six weeks later, Bittner was back in court on Aug. 1 for a hearing to determine whether he was competent to stand trial for his alleged crimes. He has remained incarcerated in the Whatcom County Jail since his June 12 arrest in lieu of $500,000 bail.
“We’re grateful he’s getting the help he needs, and we believe the community is safer because of it,” the boy’s family said in a statement to The Herald.
Competency evaluation
Bittner’s attorney, senior deputy public defender Matthew Palmer, filed a notice with the court July 1 that he had a “good-faith belief” that Bittner lacked the ability to aid and assist in his own defense and that Bittner was unfit to proceed to trial in his case, court documents show.
Palmer’s notice to the court said court rules that govern attorney behavior and interactions with clients prohibited him from sharing additional details absent a court order.
Whatcom County Superior Court Judge Lee Grochmal issued an order July 17 for Bittner to undergo a competency evaluation conducted by a qualified expert designated by the Washington State Department of Social and Health Services.
Bittner was evaluated in the downtown jail on July 25 by Bellingham neuropsychologist Dr. John Neer, according to court records.
In addition to the evaluation conducted, Neer also reviewed materials provided by Bellngham police, mental health records from the jail, and other reviews of state mental and behavioral health databases.
Following Neer’s evaluation, he was expected to issue a report offering opinions on whether Bittner lacked the capacity to understand the nature of the legal proceedings against him and whether he lacked the capacity to assist in his own defense as a result of mental disease or defect, according to court records.
During the evaluation, Bittner told Neer that he had been living in Washington state for a few years, and that he had family who lived in the area. He said he grew up in California with his brother, father and stepmother and denied experiencing any trauma during his childhood, court documents state.
Bittner denied having a history of substance use disorder, but told Neer he attended substance abuse treatment in California for “personal reasons,” the court records state.
Bittner told Neer he previously received mental health services beginning in 2009 and that he began receiving disability services around the same time. Bittner said he was diagnosed with schizophrenia.
Records reviewed by Neer show that Bittner received mental health treatment from March 2019 to April 2023 at Atascadero State Hospital, a secure forensic state psychiatric hospital in San Luis Obispo County in California. The majority of patients at the hospital are sent there for treatment by county courts or the state department of corrections and rehabilitation, according to the hospital’s website.
Records show that Bittner was prescribed psychiatric and anxiety-related medications when he was released. He had reportedly struggled with symptoms of “delusional thinking, ‘angry hallucinations,’ negative symptoms, disorganized thoughts and violence,” court records state.
During Neer’s evaluation of Bittner in late July, Bittner presented “as manic and verbally impulsive” throughout the evaluation, and at times was loud and verbally aggressive. There were times during the evaluation that Bittner would “abruptly shift to spacing off, smiling and laughing in an odd manner,” which Neer believed was Bittner responding to internal stimuli, such as auditory hallucinations.
It was Neer’s opinion that Bittner was manic and psychotic during the evaluation. Neer diagnosed Bittner with schizoaffective disorder, bipolar type.
Neer said it was unclear whether Bittner understood the charges and allegations against him, and said it was “notable” that Bittner refused to discuss them.
While Neer believed that Bittner likely had a general understanding of the legal process, he wrote that it was “clear that (Bittner’s) ability to have a rational reciprocal dialogue is rather impaired due to his impulsivity and heightened emotions.”
Neer determined that at this time, Bittner would be unable to discuss his charges and case in a constructive manner with his defense attorney.
“Due to intense unstable emotions, he’d be at great risk of making impulsive decisions during the legal process. Thus, I have significant concerns regarding his ability to work with counsel. He’d also be at risk of acting out in an impulsive manner while in the courtroom. It is believed that the current symptoms are secondary to a major mental illness. Thus, at this time, I opine that the defendant had marginal capacity to understand his charges but did NOT have the capacity to assist counsel in his own defense,” Neer wrote of Bittner in his evaluation report for the court.
Neer said he believed Bittner would benefit from inpatient psychiatric treatment that could potentially reduce Bittner’s current mental health-related symptoms, such as mania and agitation. Neer said he believes there is a “reasonable probability” that Bittner’s mental health would improve, with ongoing psychiatric treatment, to a point where he would become competent to stand trial, court documents state.
“It is expected that clinically indicated treatment would help clarify the defendant’s thinking, and thereby improve his ability to assist counsel,” the court records show.
Competency hearing
On Aug. 1, Bittner had a court hearing for a judge to rule on whether he was competent to proceed to trial.
Bittner’s case was one of many cases involving people who are currently imprisoned that was handled that day.
Bittner’s case was originally called shortly after 11 a.m., but Grochmal, the judge, noted that Bittner was not present in the courtroom. When she asked whether Bittner had declined to come to court or whether that offer had been made to him, a Whatcom County Sheriff’s Office deputy informed her that Bittner had not been brought to court that day because the sheriff’s office had “concerns about courtroom security” and they wanted to “avoid any incidents in the courtroom.”
Bittner had allegedly exposed himself to female deputies at least twice in the past several weeks while he was incarcerated in the downtown jail, the deputy said in court.
Grochmal ultimately determined that it was best that Bittner be brought into the courtroom. She said they would recall his case after all other matters had been handled. She also determined that there was “good cause” for Bittner to remain shackled throughout the proceedings. Normally, people accused of crimes who are in custody in the jail are unshackled once they are brought into the courtroom.
Roughly 20 minutes later, Bittner was brought into the courtroom in a yellow jail outfit, with his hands shackled at his waist by metal chains. At least three sheriff’s deputies stood around and behind Bittner while he sat in a court pew and listened to the judge explain what was happening with his case.
Grochmal then determined Bittner was incompetent to stand trial because he was unable to assist in his own defense. She ordered Bittner to receive 90 days of inpatient competency restoration treatment at a state psychiatric hospital. Court and jail records show Bittner was transferred from the Whatcom County Jail to Western State Hospital on Aug. 7 to begin receiving treatment.
Prior to the end of his 90-day treatment period and release back to the jail, Bittner’s competency will be re-evaluated and submitted to the court for review. The court will then determine whether he will receive further treatment, or whether he will be returned to the jail for his case to proceed.
A follow-up hearing was scheduled for Thursday, Aug. 15, but it was canceled because Bittner had already been taken to the state hospital for treatment.
Resources
▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org
Brigid Collins Family Support Center professionals are on-call between 10 a.m. and 2 p.m., Monday through Friday, to answer questions about children, families, abuse prevention or treatment at (360) 734-4616.
▪ Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.
▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.
▪ Lummi Victims of Crime: 360-312-2015.
▪ Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/
▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.
▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.
If you or a child is in immediate danger, call 911 and make a report to law enforcement.
To report child abuse or neglect call 1-866-END HARM.
▪ NAMI (National Alliance on Mental Illness) Whatcom: https://www.namiwhatcom.org/crisis-resources.html
▪ Washington State Crisis Line/National Suicide Prevention Lifeline: 988 or text HOME to 741741 for a crisis counselor
▪ Whatcom County Triage Center Crisis Line: 800-584-3578
This story was originally published August 19, 2024 at 7:00 AM.
