Commitment continues for cannibalism suspect

SANDPOINT — A Bonner County man facing charges of cannibalism and first-degree murder will be spending more time in Idaho's security medical program as part of an effort to restore his competency.

The decision came from a brief review hearing for James David Russell, 39, in front of First District Magistrate Judge Tara Harden on Tuesday.

"It appears that extending the commitment an additional 180 days is appropriate," said Harden. "It does not appear that he is competent at this time."

Russell was committed to the care of the program on Oct. 7 after an initial competency hearing in mid-September. At Tuesday’s hearing, Harden said Russell remained unfit to stand trial on the charges at this time.

"I previously found that Mr. Russell is dangerously mentally ill and was committed to the Department of Corrections. I am reiterating that order from my previous order."

"Additionally, I am specifically finding that the defendant lacks capacity to make informed decisions about treatment at this time. It does appear on the report that he is restorable,” Harden said.

Harden said she was basing her order on information provided by a psychologist working with Russell in the Idaho Department of Correction Secure Medical Unit.

Russell is the primary suspect in the Sept. 10 murder of David Flaget, 70, the groundsman for the Russell family property where Russell was temporarily staying at the time.

Flaget was slain near the Old Field House in Clark Fork. One of Russell’s family members reported him to officials after discovering Flaget unresponsive in his own truck on the property.

Russell initially fled from Bonner County sheriff’s deputies and initiated a brief standoff before allowing himself to be apprehended in the building he was known to stay in.

Authorities filed an amended criminal complaint on Dec. 15, charging Russell with cannibalism in relation to Flaget's death, saying pieces of the man's body were found upon searching Russell’s residence the day after the murder.

Pieces of flesh were found on the ground outside a second-story window of the building.

Russell has been known to damage communication lines on the property believing that they were damaging his mental health, according to court documents.

Twenty people virtually attended the three-and-a-half minute hearing held via video conference.

Both public defenders and the prosecution were in agreement, asking Harden to set an upcoming review hearing within 180 days time. Deputy prosecutor Katie Sherritt asked Harden to set the hearing between 75 to 90 days.

Harden set Russell’s next review hearing for March 14, 2022, 84 days from Tuesday. Russell will continue to undergo involuntary treatment at the medical program facility in Boise.

While committed to the security medical program, individuals work with a variety of medical professionals. The purpose of the program is to ensure an individual is mentally competent enough to understand and participate in court proceedings.

If convicted, Russell could see up to 14 years incarceration for cannibalism, and up to life in prison for first-degree murder in addition to tens of thousands of dollars in fines.