Washington v. Dang (Majority)
Annotate this CaseIn November 2006, Petitioner Bao Dinh Dang walked up to a gas pump in Seattle, lit newspaper on fire, and attempted to pump gas in order to ignite the gas. A station employee successfully knocked the flaming newspaper out of petitioner's hand with a window-washing squeegee while a customer phoned police. Petitioner was arrested, and the State charged him with attempted arson in the first degree. Petitioner moved for acquittal on the grounds of insanity. The court granted the motion, finding that petitioner was suffering from a mental disease but that he was "not a substantial danger to other persons and [did] not [. . .] present a substantial likelihood of committing felonious acts jeopardizing public safety or security, but . . . is in need of further control by the court or other persons or institutions." The court ordered petitioner conditionally released subject to various conditions. The issue before the Supreme Court in this case was whether trial courts are required to enter a finding of dangerousness before revoking the conditional release of a person acquitted of a crime by reason of insanity. Furthermore, the Court decided whether trial courts must also decide the appropriate standard of proof governing the revocation determination. The Court's conclusion was that Washington law requires trial courts to find conditionally released insanity acquittees dangerous before committing them to mental institutions against their will. The Court also concluded that a preponderance of the evidence sufficiently protects an insanity acquittee's rights in the context of revoking conditional release. Because the trial court in this case specifically determined that Bao Dinh Dang was dangerous, the trial court held that it properly revoked his conditional release. However, the trial court erred in admitting hearsay statements at Dang's revocation hearing without finding good cause for doing so but that the error was harmless beyond a reasonable doubt.
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