Insanity plea denied, jury convicts
EPHRATA - A jury convicted a man for robbing a Moses Lake bank after a Grant County superior court judge denied an insanity defense.
Allen Pavese, 56, was convicted of robbery in the first degree, assault in the fourth degree and theft in the first degree in Grant County Superior Court.
Grant County Superior Court Judge Evan Sperline ruled the defense didn't establish enough factual information to support the insanity plea. For Pavese to be allowed to plea not guilty by reason of insanity, the attorney needed to prove he didn't understand the nature of his actions or didn't know right from wrong.
"I believe the judge believed there wasn't a sufficient showing," Defense Attorney Robert Kentner said. "It is within the judge's discretion to make that decision."
Kentner said he still needs to speak to his client about whether he will appeal the case.
Prosecutor Angus Lee was happy with Sperline's ruling, saying the legal definition of insanity is narrow and shouldn't apply to everyone with an attitude disorder.
"If we let people go for crimes they commit when they have an attitude disorder then we'd let them all go," he said. "This is a serious case so we're going to ask for the maximum and quite frankly he wanted to go where he could get three hots and a cot and we're going to give it to him. It's just going to be in prison rather than the mental hospital he wanted to go to."
Several witnesses spotted Pavese entering the Washington Mutual Bank in November 2008. He approached the bank teller, stumbled or crashed and reached over the counter holding a knife, demanding the money, Deputy Prosecutor Doug Mitchell said during opening statements. After receiving the money, Pavese fled the bank in a Jeep Cherokee. A customer followed the man outside, calling 9-1-1 and giving a description of the vehicle. A Moses Lake police corporal was nearby and spotted the vehicle.
When the man was arrested on Ivy Street, officers found $3,894 on him, according to a Moses Lake police report.