Murder suspect found unfit for trial

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SANDPOINT — Court proceedings involving a suspect charged in the murder of David M. Flaget will remain on pause for now.

James David Russell, 39, will be committed to the Idaho Security Medical Program after First District Magistrate Judge Tara Harden found him unfit to stand trial for first-degree murder. The results of the mental health evaluation on Oct. 5 remain under seal by court order.

On Sept. 10, sheriff’s deputies were notified of a possible murder on Lower Mosquito Creek Road. Upon arrival, they found Flaget upside down in the passenger’s seat of his truck, unresponsive. Russell ran away from law enforcement, barricading himself in the loft space of the garage building he resided in on the property.

After a brief stand-off, Russell was compliant with law enforcement’s commands and allowed himself to be apprehended. According to court documents, Russell was unable to understand his Miranda rights after they were repeatedly read to him. Russell made only one statement to law enforcement in which he repeated more than twice: “It’s private property and we don’t like non-family on it.”

The Idaho Security Medical Program is contained within the state’s maximum security prison south of Boise. The IMSP houses those considered “dangerously mentally ill.” Idaho Code defines “dangerously mentally ill” people as those who manifest homicidal or other violent behavior to such a degree that it warrants maximum security treatment.

According to the Idaho Department of Correction, it costs $87.64 per day for a prisoner to stay in the medical program.

Those incarcerated in the medical program must submit to involuntary treatment for up to 90 days. At the end of treatment, they are evaluated by the IDOC. If the evaluation shows the incarcerated person is still unfit for trial, the commitment can be extended up to 180 days. The trial proceeds if the evaluation shows favorable results for mental competency.

It is uncommon for someone to be unfit for trial after the initial 90 day treatment, according to information from the Idaho Department of Health and Welfare.

Russell’s review hearing in front of Judge Harden is Nov. 18.