Woodland triple-homicide suspect Brent Luyster will be unshackled when he appears for lengthier court proceedings and meetings with his attorneys at the Clark County Jail, following a judge’s ruling Friday. The ruling is contingent on Luyster’s behavior, however.
Superior Court Judge Robert Lewis granted the defense’s request after listening to arguments made on behalf of Luyster and the jail.
“I’m very confident in the (Clark County) Sheriff’s Office and their ability to maintain security in the courtroom, regardless if an inmate is shackled or not,” Deputy Prosecutor Laurel Smith said after Lewis’ ruling.
Since his arrest in the triple-homicide and new charges in a separate case, Luyster, 37 — a known white supremacist — has appeared in court with his wrists and ankles shackled, and courtroom security has been tight. At least a dozen officers from the sheriff’s office and Vancouver Police Department attend.
Luyster’s lead defense attorney, Chuck Buckley, told Lewis that his client has repeatedly expressed frustration, because of his difficulty in combing through thousands of pages of documents in his cases. The shackles hamper the process, he said, and are unconstitutional.
Civil Deputy Prosecutor Jane Vetto, speaking on behalf of the sheriff’s office, argued that it’s within the jail’s authority to adopt procedures to ensure facility security. She said the shackles are necessary to prevent Luyster from attempting to escape, attacking or taking hostage his defense counsel or jail staff.
Luyster is already accused of trying to escape from the jail in February while being held in the triple-homicide. A trial date has not yet been set in that case.
Vetto also cited public safety concerns of Luyster being unshackled in court.
She then laid out all of Luyster’s bad behavior since he’s been in the jail.
On the night of his arrest, July 16, 2016, Luyster used nail clippers to remove an electrical outlet, in an attempt to set his cell on fire, she said.
He’s wiped feces around his cell and security cameras inside on at least 17 occasions, Vetto said, and has urinated inside and outside his cell, as well as on his food tray.
Luyster has flooded his cell and encouraged other inmates to do the same, Vetto said, and was caught scratching the camera cover in his cell. Court records state that he also threw water mixed with feces into a fire detection box, causing it to short-circuit.
Vetto told the judge that Luyster has been hiding contraband, such as other inmates’ spoons. She described Luyster as a “skilled machinist” who could create a weapon out of everyday items.
“To put him in a room unshackled would be irresponsible,” she said, then adding, “How can that possibly end well?”
She told Lewis that the sheriff’s office is currently talking with Superior Court Administration about courtroom security during Luyster’s trial.
Buckley said he’s not contending that Luyster has been a good inmate but said there’s no indication he’s ever assaulted anyone at the jail. He described Luyster as a gentleman during their attorney-client visits.
“We are willing to assume that risk,” he said of meeting with an unshackled Luyster at the jail.
Lewis called the issue a “delicate balance.” And his ruling comes with stipulations.
Luyster, who’s had no issues in the courtroom, must continue to behave while appearing for hearings. He will only be unshackled for lengthier court proceedings in Lewis’ courtroom. He must also go six days without any jail violations in order to be unshackled during attorney-client meetings in the jail. His attorneys have to sign a waiver relieving the jail of any liability.
“It will be entirely up to Luyster, when he shows the ability to control himself,” Lewis said.
After the hearing, the family of Joseph Mark Lamar, whom Luyster is accused of fatally shooting, called the judge’s ruling “arrogant and careless.”
“He already tried to break out of the jail. He obviously does not respect authority, and he has nothing to lose,” Lamar’s sister, Abia Nunn, said. “We have rights, too.”
