Though a clinical psychologist concluded he was not a danger to the community, a Spokane man facing a federal stalking charge who was arrested after a cache of weapons and a disturbing journal was found in his home will remain in jail until his scheduled January trial date, a judge ruled Tuesday.
Brent Russ, 33, has remained in the custody of U.S. marshals since his arrest in September. Federal agents searched Russ' southwest Spokane home and discovered several guns modified to inflict greater harm, as well as photos of weapons on the man's computer that have yet to be located, according to subsequent briefs from investigators.
The search was prompted by a complaint from a female tribal police officer and former neighbor of Russ'. According to a now-sealed affidavit, Russ allegedly made statements indicating he had the woman under surveillance and sent her a threatening package when she approached mental health experts about his erratic behavior.
Among the written materials discovered by investigators were claims Russ was slaying nocturnal demonic creatures by slicing their brains with a sword and the construction of a "kill room" like something you would see in the television show "Dexter," which details the exploits of a forensics investigator who moonlights as a serial killer.
Defense attorneys have elected not to pursue an insanity plea in the case, however they have signaled intentions to prove Russ was not fully aware of the consequences of his alleged criminal acts through a diminished capacity argument. United States District Judge Thomas O. Rice ruled the evaluation of Mark Mays, a psychologist who examined Russ, that the 33-year-old was not a danger to the community was not enough to release him from custody.
"... the Court still has reasonable concerns about the Defendant's competency," Rice wrote.
A trial date in late January has been tentatively scheduled. Russ faces a maximum five-year prison term and a fine of up to $25,000 if convicted on the stalking charge.