Pacific County Superior Court

Published 1:09 pm Monday, October 14, 2024

SOUTH BEND — The following cases were among those handled during the Pacific County Superior Court criminal docket Oct. 8-11.

Charles J. Watts, 43 — A case that has haunted Pacific County for nearly a decade, when Jeffrey Beach was killed on the beach off Long Beach on July 3, 2015, is inching toward a trial. Recent breakthroughs in the case by the Pacific County Sheriff’s Office and Pacific County Prosecutor’s Office led to Watts being arrested for second-degree murder and first-degree manslaughter.

Watts isn’t the only one who has since been charged. His twin brother, Clarence J. Watts, 43, has been charged with felony counts of intimidation of a witness and witness tampering — after allegedly intimidating individuals who had information about the beating of Beach and subsequent cover-up.

According to court records, Charles J. Watts’ trial is tentatively scheduled for Dec. 9-12 and Dec. 16-17. Clarence J. Watts’ trial is tentatively scheduled for Nov. 4, and his attorney, Scott McGinty, is arguing for a change of venue, which will be heard on Oct. 25.

Charles J. Watts is next scheduled to appear for an omnibus/pretrial hearing on Nov. 1 and a subsequent trial confirmation hearing on Nov. 20.

Visiting judges are overseeing both cases because Pacific County Superior Court Judge Donald J. Richter was a deputy prosecutor in the Pacific County Prosecutor’s Office at the time of the alleged crime.

Richard J. Payne, 39 — Following a competency restoration report dated May 17, the prosecutor’s office has opted to seek the dismissal of three counts of first-degree rape of a child. The evaluation determined that it is unlikely Payne’s competency can be restored.

Payne was arrested on Jan. 19 following allegations he sexually assaulted a child in August 2023 while the child was staying with relatives. Payne reportedly stayed with the child’s relatives on and off.

The case has been on standby since a competency evaluation on Feb. 2, when he was deemed incompetent on Feb. 14. The court subsequently ordered Weida to undergo competency restoration services at Western State Hospital, which he entered on Feb. 29.

According to the restoration report dated May 17, Payne has an unspecified neurocognitive disorder, borderline intellectual functioning, and cannabis use disorder. He also reported to evaluators that he experienced symptoms of schizophrenia.

Payne was found to have difficulty understanding the judicial process, including a judge’s role in the proceedings. He also had issues with paying attention and memory and scored low on the Kaufman Brief Intelligence Test, Second Edition, which determines an individual’s IQ.

“Mr. Payne has a history of deficits in cognitive abilities, which have resulted in impairments of adaptive functioning, to the extent that he has failed to meet standards of personal independence and social responsibility in multiple areas of daily life,” Dr. Kelle Agassiz states in her official report.

According to the report, Payne has three barriers preventing restoration — cognitive dysfunction, concrete thinking, and impaired attention/concentration. While held at WSH for his evaluation, he regularly took prescribed medications and participated in restoration groups but did not positively progress.

“Based on the information available, it is my opinion that further competency restoration is not likely to result in any significant improvement to the point that he would regain the requisite capacities to proceed to trial,” Agassiz states in the report. “Therefore, an additional period of competency restoration is not recommended.”

The dismissal of charges does not mean the case is over. The court has subsequently ordered that Payne undergo a civil commitment evaluation.

The evaluation will look at his charges and mental capacity to determine if he should be committed to McNeil Island, a specialty facility for sexual predators. The process would mean that under a civil process, he would be placed at the facility until he was no longer deemed a sexual predator.

In many cases, the placement is indefinite.

Derrick D. Weida, 47 — His case remains unresolved since its initial filing on April 1, 2022, when he was charged with two counts of first-degree malicious mischief, possession of a controlled substance, reckless endangerment, obstructing an officer, resisting arrest, and second-degree criminal trespass.

Weida was arrested on March 31, 2022, after law enforcement responded to the report of a suspicious vehicle. After acquiring a search warrant, law enforcement attempted to gain entry to the vehicle. Weida allegedly started and used his vehicle to ram patrol vehicles — he was ultimately apprehended after an alleged struggle.

The case has been at a relative standstill because the court ordered a competency evaluation on April 22, 2022, and he was determined not to be competent. The court subsequently ordered Weida to undergo restoration services on May 13, 2022.

According to court records, the Washington State Department of Social and Health Services oversees the Western State Hospital psychiatric hospital and was issued contempt sanctions for not providing Weida with timely restoration services. On Dec. 26, 2022, Weida posted $50,000 bail through A-Affordable Bail Bonds.

Weida’s posting bail and exiting custody complicated his case. Since he is no longer in jail, WSH is no longer required to provide “timely” service, which under state law only applies to defendants held in custody. In-custody defendants also take precedence over out-of-custody evaluations and restoration services.

As of a review hearing held on Oct. 11, Weida is still awaiting restoration services — over two years after the court issued the order. Another review date is scheduled for Jan. 3, 2025.

Marketplace