BOISE, Idaho — A mental health evaluation is raising new questions about what comes next for the man accused of killing 25-year-old Jordan Harbst on the Boise Greenbelt in July.
An Aug. 4 psychological evaluation found Ross Wardlaw is currently not competent to stand trial, unable to make informed decisions about treatment and “dangerously mentally ill.” However, a judge has not yet made a final determination on Wardlaw’s competency.
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Prosecutors say Harbst was riding an electric scooter on the Boise Greenbelt when Wardlaw pushed him to the ground and stabbed him multiple times. Investigators have said the two men did not know each other.
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Before the criminal case can move forward, the court must address whether Wardlaw is competent to face the charges against him.
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During a competency review hearing Tuesday, the judge summarized findings from Wardlaw’s psychological evaluation.
“Mr. Wardlaw at this time is not competent and ... is unable to make informed decisions about treatment and is dangerously mentally ill,” the judge said, referencing the evaluation.
Those are findings from the psychological evaluation, not a final ruling by the court.
Prosecutor Robert Bleazard told the judge the state has subpoenaed records from the Idaho Department of Health and Welfare, Intermountain Hospital and others and needs additional time to review those records before deciding whether to challenge the evaluation’s findings.
“We just need to be able to review all the documents before we take a position one way or the other,” prosecutor Robert Bleazard said.
Public defender David Smethers argued the evaluation should be enough to move forward with treatment.
“Judge, the report speaks for itself. We don't think this court should set a hearing based on just pure speculation," public defender Joseph Smethers said. "So we would request that he be committed for treatment.”
Under Idaho law, competency concerns a defendant’s current ability to understand the criminal proceedings and assist in their own defense. If a judge finds a defendant incompetent to proceed, the criminal case is suspended while the defendant undergoes treatment aimed at restoring competency.
It is a process Idahoans have seen play out in another high-profile criminal case.
Lori Vallow Daybell’s case was suspended in 2021 after she was found incompetent to proceed. She underwent competency restoration treatment for about 10 months before a judge found her restored to competency in April 2022, allowing the criminal proceedings to resume.
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Competency is different from whether a defendant’s mental condition can excuse criminal conduct. While competency can put a criminal case on hold, Idaho does not recognize an insanity defense.
Idaho abolished the insanity defense in 1982. State law says a mental condition is not a defense to criminal conduct, although evidence about a defendant’s mental condition can still be relevant when determining whether prosecutors have proven a state of mind required as an element of an offense.
That means even if Wardlaw is eventually found competent or restored to competency and his criminal case proceeds, he cannot plead not guilty by reason of insanity.
For now, the court has not ruled on Wardlaw’s competency. The judge gave prosecutors additional time to review the records and scheduled another hearing for Sept. 8.
