State v. S. S.

Under ORS 426.005(1)(f)(A), an individual may be involuntarily committed if the individual: (1) engaged in behavior that “caused or risked serious harm” and (2) the behavior is likely to recur. State v. T. Y., 285 Or App 21, 24, 396 P3d 986 (2017); State v. S. R. J., 281 Or App 741, 751, 386 P3d 99 (2016).

Appellant appealed an order of involuntary commitment to the Oregon Health Authority.  Although Appellant acknowledged “he suffers from bipolar disorder,” Appellant argued that there was insufficient evidence to establish he posed “a danger to himself.”  In response, the State asserted that the facts demonstrated Appellant was a danger to himself.  Under ORS 426.005(1)(f)(A), an individual may be involuntarily committed if the individual: (1) engaged in behavior that “caused or risked serious harm” and (2) the behavior is likely to recur.  State v. T. Y., 285 Or App 21, 24, 396 P3d 986 (2017); State v. S. R. J., 281 Or App 741, 751, 386 P3d 99 (2016).  The Court found that Appellant “consistently, persistently, and repeatedly put himself in harm’s way.”  Appellant’s neighbor was ready to begin throwing punches after Appellant “repeatedly threatened to kill” and rape the neighbor’s family.  During the incident which led to his hospitalization, Appellant nearly got shot when he brandished a bat as officers approached his house and, during the struggle which ensued, broke his foot.  Appellant’s continued use of “racist, sexist, and homophobic epithets” in voicemails to his neighbor and police indicated he was likely to continue to put himself in harm’s way.  Thus, the Court held that a reasonable factfinder could conclude Appellant posed a danger to himself.  Affirmed.