DA: No bail for man with autism because of 'danger'

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http://www.fox5ny.com/news/man-with-autism-no-bail-arson-case

Am I understanding this correctly, that neither anyone was killed, or that a building burned down? If so, then this is really a case of overestimating the danger posed by the suspect. I have to wonder if the DA wasn't running away with autism-phobia.

Who knows if autism hate played a role...

If he is practicing things that cause fire, and declaring a desire to kill someone, then I say he's a threat to others. Why wait until he does burn a house down, or kill someone?

Still, it's a pity there wasn't something other than a jail for the short term. Such as a hospital. And of course, it's tragic that mom died so young, leaving a family behind.

^^^because, in the USA, we do not jail people unless a crime has been committed or someone is awaiting trial having been accused of a crime. Some states permit holding a person for 72 hours because he is a threat to himself or others, but that would be in a hospital.

Think about it, a person has matches and wants to set fire to the house to kill his wife and family, cannot be arrested for that. Why should an autist be treated differently?

Wasn't there a movie about arresting people before they committed the crime?

You can be arrested for threatening violence. A threat is considered 4th degree assault.

Bear in mind we haven't seen the kid in question.

Also he DID burn up a book and put inappropriate items in the microwave. That's different than your example of a man who simply "has" matches.

"said he wanted to burn the house down and kill another resident."

Was this in the context of "I'm having disturbing intrusive thoughts, please help me!" or "I'm now announcing my desire to commit murder and arson!"?

"He went to Sunmount, a state institution for the developmentally disabled, was evaluated, and eventually released to his father, who took care of him for months."

This would seem to indicate that the institution considered him to no longer be a danger or at least not an immediate danger. We're missing information though. Arson and murderous intent aren't part of autism. Clearly he was having other mental/emotional health difficulties. So presumably the institution either considered them to be temporary or manageable in nature.

Was he continuing to receive mental health support? If so, did his support think that he was getting worse and report a danger? Had he quit receiving help? So many questions, so few answers.

From the article "In this circumstance there are few alternatives to bail. In this case, the defendant has a mental condition and presents a danger to himself and others, and as a result jail is the only available alternative at this time while he awaits placement in a mental health facility," the DA's office said.


Seems like his being held in jail is temporary till they find a place to send him, not saying I think its the best option but maybe there is not a hospital available to hold him at this time. Mental health resources and care are kind of lacking in this country. If there is not a hospital to take him right now it would make sense they might see jail being the best option for now to keep him supervised.

They didn't send him to prison, and sounds like that is not the intention.

A "threat" is something different in New York State than an "assault."

A "threat" is called "menacing." Menacing in the First Degree is a Class A Misdemeanor.