State v. J. K.

In determining whether a person poses a danger to others, we assess “whether the evidence presented was sufficient to prove that a person is a danger to others as a result of his condition at the time of the hearing as understood in the context of his history."

Appellant appealed a judgment from the trial court. Appellant assigned error to the trial court's finding that he is a danger to others. In determining whether a person poses a danger to others, we assess “whether the evidence presented was sufficient to prove that a person is a danger to others as a result of his condition at the time of the hearing as understood in the context of his history.” State v. M. R., 225 Or App 569, 574, 202 P3d 221 (2009). The Court reasoned that the threat to choke his mother combined with the overt act of coming at his mother to demonstrate how he would choke her was sufficient to show an express threat of physical harm accompanied by an act of violence. The Court further reasoned that this incident was not an isolated occurrence because in the weeks leading up to his commitment he threatened to kill several people. Therefore, the trial court did not err. Affirmed.