Lawyer for man charged in Hwy. 99 driving rampage asks court to evaluate his mental state
The Eugene man charged with driving over and killing a homeless woman in her tent on Highway 99 this month could have his trial postponed indefinitely if a judge agrees with his lawyer's motion that he is unfit to stand trial.
In a recently filed motion, attorney Laura Fine said 18-year-old Anthony Charles Rodeen has been in a state of mania and exhibiting symptoms of "grandiosity." She said she has been unable to have a substantive conversation with him.
Fine's motion requests the court order Lane County Behavioral Health to evaluate Rodeen for placement into a community facility, or if not, that he be taken to Oregon State Hospital for treatment until the trial can proceed.
On Sept. 8, police say Rodeen drove erratically south on Highway 99, starting a little after 3:30 p.m., driving up onto sidewalks, over railroad tracks and was going south in the northbound lanes. Amber Joanne Mark, 42, who was living in a tent on a grassy area near Barger Drive, was killed and a 23-year-old woman walking on the sidewalk next to Dari Mart was hit.
The pedestrian who was hit and survived was taken to the hospital in critical condition and has since been recovering, according to Eugene Police Department spokeswoman Melinda McLaughlin.
Rodeen was arraigned on charges for second-degree murder, second-degree attempted murder, second-degree assault and two counts of hit and run.
In the motion, Fine said she visited Rodeen while he was in the hospital. She said the manic state Rodeen was in both times she visited made it impossible to have a coherent conversation with him. A nurse told Fine that Rodeen was receiving medicine for mania.
Fine said she was also unable to have a substantive conversation with Rodeen at the Lane County Jail.
"He continued exhibiting symptoms of mania and grandiosity, consistent with a manic episode," Fine wrote in the motion.
A forensic psychologist met with Rodeen and determined he was unfit to proceed with trial, Fine said. Rodeen has not had any previous major mental illness episodes, according to Fine.
State law requires defendants are able to "aid and assist" in their defense and that could be a factor in putting the trial on hold.
In a case where someone is unable to participate in their trial, the court may order they be sent for mental health treatment until they are well enough to aid in their own defense.
Judge R. Curtis Conover was assigned to Rodeen's case Wednesday, and he has not yet ruled on Fine's motion. It is not clear when Rodeen's next court appearance will be.
The evaluation Rodeen could receive considers a variety of factors, including how much of a threat he is to the community, said Jason Davis, a spokesman for Lane County Public Health. "It looks at: are they a threat to themselves or others, the nature of the incident, their past interactions with law enforcement or the mental health system, all of that, to assess what is needed," Davis said.
The level of care recommended can range from the state hospital to locked facilities in Lane County, to less-secure facilities, Davis said. Oftentimes, Davis said, the county does not have space in its own facilities for the level of care required and recommends the patient be sent somewhere else in the state or to the state hospital.
Davis said there can be situations where a patient never recovers enough from their mental illness to continue the trial. "Some people are never deemed able to aid in their defense. Other individuals, it might be days, months, weeks, it just depends on the individual," Davis said.
Fine did not respond to a request for comment on Rodeen's case. Lane County Deputy District Attorney Christopher Parosa said his office is not commenting on the case at this time.
Louis Krauss covers breaking news for The Register-Guard. Contact him at lkrauss@registerguard.com or 541-521-2498, and follow him on Twitter @LouisKraussNews.
This article originally appeared on Register-Guard: Trial for man accused of driving over homeless woman could be delayed
