Mental fitness of La Pine-area man accused of hitting dog with shovel still undecided; another evaluation planned

(Update: adding video, details of Wednesday hearing)

BEND, Ore. (KTVZ) -- A La Pine-area man accused of hitting his dog with a shovel was back in a Deschutes County courtroom this week for another hearing on whether he is mentally fit to stand trial in his animal abuse case.

The case centers on 76-year-old John Coe Richardson, whose alleged assault on his small dog was captured in a viral video that sparked widespread outrage last spring.

At Wednesday’s hearing, a defense forensic psychologist, Dr. Robert Stanulis, testified that Richardson, who he spoke with for some six hours over two sessions, is not mentally fit to aid in his own defense, citing a brain injury and post-traumatic stress disorder from his combat service in Vietnam. The doctor told the court Richardson struggles to process information and becomes easily overwhelmed and upset.

Stanulis also noted difficulty in completing the evaluation, which saw a second visit cut short after Richardson grew frustrated and asked him to leave during questioning about legal advice Richardson had sought online.

During the hearing, Richardson again voiced his frustrations with the pace of the case, demanding that his charges be dropped due to delays and complaining about his attorneys. He also repeatedly scoffed during the state’s questioning of the psychologist, prompting further discussion about his behavior and understanding of the proceedings.

After the expert’s testimony, Richardson asked Judge Alison Emerson if he could address her directly, and she agreed. Richardson admitted he did hit his dog, saying he was sorry and offering a tearful apology. But, the admission did not resolve the pending questions about his mental fitness or the future of the criminal case, which the judge said must be resolved first.

Richardson is charged with first-degree aggravated animal abuse, a Class C felony, and second-degree animal abuse, a Class B misdemeanor, in connection with the incident that was shared widely online last spring. The case drew early attention after KTVZ first reported on the video of Richardson in a Problem Solvers report.

Prosecutors had asked to postpone Wednesday’s hearing so they could obtain their own independent mental health evaluation of Richardson, a request that was initially denied. After hearing the defense psychologist’s testimony and a renewed request from the state, Judge Emerson agreed to allow prosecutors to proceed with their own evaluation before making a final ruling on Richardson's ability to aid in his own defense..

The judge is expected to address the timing of that evaluation and the possibility of community-based restoration for Richardson at another hearing next Monday. Until a ruling is made on his mental fitness, the underlying animal abuse charges and any decisions about potential trial dates remain on hold.

We will continue to update you as the case develops.

Earlier Story -- November 3rd -- BEND, Ore. (KTVZ) -- A La Pine-area man accused of hitting his 5-pound Chihuahua with a shovel last spring was back in court again Monday, voicing more complaints about the months of delays in his court proceedings, only to have the case delayed another week. 

The defense attorney for John Coe Richardson, 76, told Deschutes County Circuit Judge Alison Emerson that a report on Richardson’s mental health evaluation was due later Monday.  

The focus is on whether Richardson, a Vietnam War veteran with PTSD and brain injuries, is mentally fit to aid and assist in his own defense, a key ruling the judge must make before the case proceeds any further. 

He is charged with first-degree aggravated animal abuse, a Class C felony, and second-degree animal abuse, a Class B misdemeanor, in an alleged assault of his dog last April that was caught on widely shared video and the subject of a KTVZ News Problem Solvers report.

Richardson - frequently acting as his own lawyer, despite being assigned attorneys - has filed repeated motions, claiming the court and attorneys have not kept in touch or kept him apprised of the status of the case, as he seeks to have two other dogs seized at the time returned to him. He claimed to have heard “nothing from the court since April.” 

“This thing has been dragging on ... because I whacked my dog once,” Richardson said, then quickly stopped from going further into the specifics by the judge. 

Richardson pointed out how he has filed several motions, in both state and federal court, alleging that “the continued delays have denied me my right to a fair and speedy trial,” in violation of the state and federal constitutions. 

But the judge again told Richardson that the issue of whether he can aid and assist in his own defense must be resolved first. “Until we get past that, we can’t get into any substantive issues,” Emerson said.