State v. S.E.

Under State v. K.S., 223 Or App 476 (2008), a court need not wait for a person to physically harm anyone “before finding [that person] to be a danger to others.”

S.E. appealed from a judgment involuntarily committing her to the Mental Health Division for up to 180 days and prohibiting her from purchasing or possessing firearms. S.E. assigned error to the trial court’s finding “that she suffered from a mental disorder that makes her dangerous to herself or others,” arguing that the evidence was insufficient. Under State v. K.S., 223 Or App 476 (2008), a court need not wait for a person to physically harm anyone “before finding [that person] to be a danger to others.” The Court found that “the record containe[d] legally sufficient evidence to support the trial court’s determination.” The Court noted “a pattern of escalating physical aggressiveness” and multiple instances of violence or planned violence in S.E.’s behavior, as well as non-compliance with treatment and evidence of impaired judgment, supporting its conclusion that “a rational finder of fact could permissibly infer * * * that [S.E.] was highly likely to engage in future violence toward others.”