FAIRFIELD — A man who admitted to seven assaults won’t be sent from a state hospital to a conditional release program for community-based mental health treatment, a Solano County Superior Court judge decided Monday.
Ervin Richard Cummings, 45, who testified that he’s been diagnosed as schizoidaffective disorder and bipolar disorder, said medication he takes seems to be working and that he’s ready for the release program.
But Judge Wendy Getty said she didn’t feel Cummings had met the burden to prove he was ready for the release program. The conditional release program should evaluate Cummings, the judge said, and that review can be part of a 2015 hearing on his release.
“I do see that you’ve come very far,” Getty told Cummings.
The judge said Cummings takes responsibility for events and is very articulate.
Cummings said in court that he’s been involved in no physical altercations or property damage incidents in the past year at Napa State Hospital. He acknowledged pinning a patient to a corner of a wall last year and pushing a friend.
Attorney Tiffany Evans said in court that Cummings has a relapse prevention plan and would not pose a danger if sent to the conditional release program.
“Mr. Cummings is now doing what he needs to do,” Evans said.
But prosecutor Robert Jones said that Cummings has been a danger to others for a very long time.
“Nothing’s changed over this long time,” Jones said in court.
The court should deny his petition for the release program, Jones said.
The Conditional Release Program is the Department of State Hospital’s statewide system of community-based mental health treatment.
Reach Ryan McCarthy at 427-6935 or [email protected]