ROCK SPRINGS — Sweetwater County Attorney Daniel Erramouspe is speaking out following an article published regarding an attack on an emergency room nurse at Memorial Hospital of Rock Springs.
According to Erramouspe, the article didn’t completely convey the situation surrounding the incident.
“The individual who assaulted the emergency room nurse was a patient at the Wyoming State Hospital who had been involuntarily committed under Title 25 of Wyoming law. Title 25 allows for the involuntary hospitalization of individuals suffering from a mental illness that renders them dangerous to themselves or others,” he said.
Under the Title 25 statute, a person can be held for an evaluation at a hospital for up to 72 hours. A judge determines if the criteria for involuntary commitment is met, where the person is placed at a mental health facility for treatment until they’re determined to no longer be a threat. Erramouspe said the patient involved was treated at the Wyoming State Hospital and was returned to Sweetwater County and Southwest Counseling Service to convalescence under Title 25 commitment. Erramouspe said convalescence is the period where the state hospital determines a patient is no longer a danger to themselves or others.
“It is a structured phase in which the patient is returned to the community but continues to be held under the applicable legal title while a comprehensive treatment plan is implemented,” he said.
During this time, the patient’s condition worsened and their mental illness resulted in them becoming a danger and he was returned to MHSC on a new Title 25 hold when the attack occurred. The patient was returned to the Wyoming State Hospital.
Erramouspe said criminal prosecution can’t occur when a violent act results from severe mental illness. Citing the concept of “mens rea,” he said Wyoming law requires a person to have the necessary mental capacity and intent to be charged.
“After careful review, my office determined that the assault in this case was the direct product of the patient’s mental illness,” he said. “As a result, we could not pursue criminal charges. These are among the most difficult decisions prosecutors make. I never take any satisfaction in telling a victim that charges cannot be filed, but it is sometimes required by law and the facts.”
