v.
State Of Washington
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON In the Matter of the Detention of DIVISION ONE r---> 'fi M.P. No. 70421-4-1 C3 H X"
C/J —r: m UNPUBLISHED OPINION -c c* ~n FILED: September 15, 2014 ——
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Dwyer, J. — M.P. appeals from a 14-day involuntary commitment order, § 7~C "c>
contending that the trial court erred by concluding that he posed a substantial risk of harm to others.[1] However, this conclusion was supported by the facts as found by the trial judge. Accordingly, we affirm. I M.P. was detained on May 3, 2013. Shortly thereafter, the State filed a petition in King County Superior Court, seeking that he be detained for up to 14 days for mental health treatment. The State's petition was heard on May 8 by Judge James Cayce. The court heard testimony from four witnesses. It deemed the testimony of the State's three witnesses—Todd Ryburn, Uy Tu, and Dr. Janice Edwards—credible. First, the State offered testimony from Todd Ryburn, a case manager at the Host Program, which provides services to people who are vulnerable, No. 70421-4-1/3 No. 70421-4-1/4 No. 70421-4-1/5 No. 70421-4-1/6 No. 70421-4-1/9 No. 70421-4-1/10 No. 70421-4-1/11
[*2][*3][*4][*5][*8][*9][*10]M.P.'s main contention is that the court erred in concluding that M.P. presented a substantial risk of harm to others. Again, we disagree. A substantial risk of harm must be evidenced by an "overt act" that has "caused harm orcreates a reasonable apprehension of dangerousness."5 In re Harris. 98 Wn.2d. 276, 284-85, 654 P.2d 109 (1982) (emphasis added). "[Rjecent past mental health history is relevant in determining present and immediate future . . . behavior." In re Meistrell, 47 Wn. App. 100, 108, 733 P.2d 1004(1987). M.P. challenges discrete portions oftwo findings offact.[6] He also contends that those findings of fact, or parts thereof, should properly be characterized as conclusions of law. Even ifthat is the case, see Meistrell, 47 Wn. App. at 107, it does not change our analysis or the outcome ofthis case. The remainder of the trial court's factual findings are unchallenged and are, thus, verities on appeal. See Cowiche Canyon Conservancy v. Boslev, 118 Wn.2d 801, 808, 828 P.2d 549 (1992). The trial court entered findings of fact that describe a number of overt acts by M.P. that placed both Ryburn and Tu in fear of being harmed by M.P. For example, Ryburn testified to M.P.'s menacing behavior at Aurora House on the day M.P. was detained, which had caused Ryburn to end his meeting with M.P. out of concern for his own safety. Tu testified that M.P. had menaced him three 5Throughout the trial court proceedings and in his merits brief, M.P. relies heavily on the fact that he never physically assaulted Ryburn orTu. While the record does not gainsay M.P.'s position, proof of a battery is not necessary to establish that M.P. posed a substantial risk of physical harm to others.
[*12]No. 70421-4-1/13
Affirmed. We concur: "fr^7 ^ C^^l,
[*13]