PORT ANGELES — A man charged with second-degree murder has been found competent to proceed to trial in Clallam County Superior Court.
Marquise Hagans-Moore, 26, was charged in the shooting death of Rebecca Ruth Cowles in September.
Judge Simon Barnhart signed the order Tuesday based on the results of Hagans-Moore’s competency evaluation conducted at Western State Hospital in Lakewood, where forensic psychologist Sydnee Erickson determined he had the capacity to understand the charges against him and assist in his own defense.
Defense attorney William Payne waived a speedy arraignment and a date for the hearing was scheduled for 9 a.m. Nov. 19.
As he was Tuesday, Hagans-Moore has been shackled at the wrists and ankles during each of his court appearances. A court-ordered Peninsula Behavioral Health designated crisis responder evaluation on Sept. 20 determined he “presents an imminent likelihood of serious harm to others as a result of a mental disorder.”
The state on Tuesday repeated its request he be shackled, and defense attorney William Payne continued to argue against it.
Deputy prosecuting attorney Steven Johnson said shackling is necessary because of the seriousness of the charges, the lack of protective barriers and numerous exits in the courtroom, Hagans-Moore’s size at 6-foot-3, 300 pounds, and his threats to harm others while at Western State Hospital and the Clallam County Corrections Facility.
“He has a right not to be shackled,” Payne said. “He has been calm, professional and courteous in court.”
Payne said there have been no incidents of verbal or physical abuse that distinguished his prior stay at the Clallam County Corrections Facility since he returned from Western State Hospital and taken his medications.
Barnhart cited what he had read in the competency report in deciding Hagans-Moore remain shackled.
“We still have a concern about the predictability of his behavior, and that’s what at issue here,” Barnhart said. “Many of the issues that seem to govern Mr. Hagans-Moore’s behavior have to do with disrespect and restraint or being in a situation where he is under the control of others, and that’s precisely what we have with his status in the courtroom.”
Barnhart noted the competency evaluation recommended Hagans-Moore receive another evaluation from a designated crisis responder before any change in his custody is made.
Erickson’s evaluation said Hagans-Moore had numerous verbal and physical altercations with other patients during his 15-day stay at Western State Hospital. On one occasion, he wrapped a sheet around another patient’s neck from behind and yelled, “I’m going to kill you!”
He threatened and cursed at staff, claimed to hear voices that told him what to do, acted aggressively by kicking a door and became violent when “demanding [a] pillow.”
In the report, Hagans-Moore is quoted as saying that, when he was angry, he wanted to punch something “when I don’t feel respected.”
While at Western State Hospital, Hagans-Moore was prescribed daily doses of Depakote and Zyprex. He also was prescribed Vistaril, Valium, Thorazine and melatonin as needed for his agitation and anxiety.
The competency evaluation report documented Hagans-Moore’s history with local providers Peninsula Community Mental Health, West End and Cedar Grove. He had variously been diagnosed with major depressive disorder and post-traumatic stress disorder and had made at least one suicide attempt.
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Reporter Paula.Hunt can be reached by email at paula.hunt@peninsuladailynews.com.