KAILUA-KONA — The case of Russell Monlux, a 30-year-old Hilo man who was arrested and charged with the robbery of the Kealakekua branch of American Savings Bank on Jan. 3, has been transferred to a federal court.
Monlux had faced state charges of first-degree robbery, second-degree theft and second-degree terroristic threatening stemming from the incident and was slated to make an initial appearance Monday in Kona District Court.
Instead, Monlux made his initial appearance in U.S. District Court in Honolulu Monday where he is facing a single charge of bank robbery, said U.S. Attorney Tom Brady, who declined comment on why the federal government picked up the case. According to the U.S. Code, the charge carries a potential fine and/or a term of federal imprisonment not to exceed 20 years.
In Honolulu Monday, Monlux’s attorney moved for a mental health evaluation — a process he’s been through before.
Monlux was also arrested in June of 2016 for allegedly passing a handwritten bomb threat to a teller at the Bank of Hawaii branch located inside the Hilo Safeway store, after which he was charged with two counts of first-degree terroristic threatening.
Those charges were dropped with prejudice after Hilo District Judge Henry Nakamoto found Monlux was unfit to proceed based on an evaluation by the state Department of Health.
“The criteria for lack of fitness has to do with lacking capacity to do things related to a mental illness,” said Dr. Michael Champion, a forensic psychiatrist and the Forensic Chief for the Adult Mental Health Division of the DOH. “So when someone is found unfit, most frequently it’s due to their severe mental illness interfering with their ability to cooperate with their attorney or understand court proceedings.”
Champion spoke in general terms to the issue, as private medical records of individual defendants are protected by state and federal law.
He further explained that once a defendant is found unfit to stand trial, court proceedings are suspended. Afterward, medical analysis then focuses on assessing the risk of danger a defendant poses to him or herself, to others and to the property of others.
Depending on the results of that analysis, a judge decides whether the person in question is remanded into DOH custody and sent to Hawaii State Hospital for treatment, or is released back into the public.
Monlux was remanded to DOH custody for a period of commitment not to exceed 120 days. That time limit, Champion explained, is based on a state statute conditional to a misdemeanor charge absent violence or attempted violence.
Speaking again in general terms, Champion explained the “menu of services” once a defendant enters the hospital, which fall under the umbrella of what he referred to as fitness restoration.
“Usually, someone (in an instance like this) has severe psychiatric symptoms, so you would treat those with medications and administer an evaluation to see if there are any medical issues contributing to changes in mental status,” Champion said. “In addition, there is monitoring of psychological needs and therapy to address those needs and emotional needs.”
Treatment also includes addressing issues of chemical dependency and education about how the court system works, along with providing defendants opportunities to discuss their individual situations.
Any and all treatment can be refused by those ordered into DOH custody after being ruled unfit to stand trial, although medical professionals have recourse to petition the court and request treatments be made mandatory.
As the commitment expiration date nears, one final evaluation is ordered.
“If a person is not found fit to proceed prior to the expiration of the commitment … the (criminal) charges are dismissed,” Champion said. “Upon the dismissal of the charges, the defendant shall be released from custody with two exceptions: the person is pending prosecution on other charges or meets criteria for civil commitment.”
An evaluation to determine criteria for civil commitment is the one recourse by which medical professionals can seek a ruling from a judge to extend a person’s stay beyond what the applicable statute allows. That criteria again centers around the potential risk of a person to him or herself or to others, Champion said.
If a person does not meet the criteria for civil commitment, that person is released from custody and is not mandated to engage in further treatment, although the DOH provides treatment resources that person can pursue upon return to his or her community.
Based on the judge’s ruling, Monlux was absolved of his crimes stemming from the June 2016 incident. Because the charges were dismissed with prejudice, they could not be refiled.
Champion could not speak to whether doctors believed Monlux would repeat his behavior because the information is protected by medical privacy laws.
Although Champion couldn’t speak specifically to Monlux, based on Monlux’s release from DOH custody, he didn’t meet the criteria for civil commitment and was essentially a free individual with the option to pursue further medical treatment at his own discretion.
Whether he did or not is unclear, but it was only a matter of months before Monlux again found himself under arrest. He was arrested the day following the robbery in Kealakekua — Wednesday, Jan. 4 — a little before 5 p.m. at Kona International Airport.
Champion added it’s difficult to speak generally as to what might have occurred had Monlux’s charges stemming from the bank robbery on Jan. 3 remained a concern of the state instead of ending up under federal jurisdiction.
Whether or not Monlux would have ultimately faced jail time in a state facility or ended up back in the hospital isn’t something Champion could address, and Monlux’s fitness to stand trial will now be determined by a federal court.
“The way the court puts a lens on a case or an incident is to look at the factors at that particular time that influenced the behavior,” Champion said. “Typically, a person with a mental illness that impacts behavior, those symptoms may come and go. They may get worse (or better).”
West Hawaii Today reporter Chelsea Jensen contributed to this report.