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Alexander Jay's defense attorney files new motion to dismiss

Alexander Jay is accused of assaulting two women in March.

SEATTLE — A man accused of assaulting two women was deemed incompetent to stand trial, for now. 

Police said in March, Alexander Jay randomly attacked a woman at a light rail station, then allegedly stabbed a second woman a short time later.

While Jay remains in jail, he is supposed to be in inpatient treatment. The Department of Social and Health Services said this is due, in large part, to a lack of available beds, and that there likely won’t be space for him until early October. 

Every day DSHS fails to admit Jay, the agency must pay him $250. Jay’s defense attorney is pushing for more than that in a newly-filed motion.

On March 2, Kim Hayes was leaving a light rail station in Seattle. Police said Jay grabbed her and threw her down the stairs twice. He attempted to throw her a third time. Hayes said she fought back, but the attack left her with broken ribs and a broken clavicle. 

A short time later, police said Jay stabbed a woman 10 times at a bus stop, leaving the victim hospitalized for "a number of days." 

Jay was was arrested March 3.

In April, he was found incompetent to stand trial and DSHS was ordered to admit Jay for inpatient restoration treatment. 

During a June hearing, Judge Johanna Bender learned that DSHS had not put Jay into an inpatient facility. The judge said holding Jay in jail instead of providing him treatment is a violation of his constitutional rights.

"The government has not provided him a bed to get well in. That's barbaric," said Bender during the hearing.

The judge ordered DSHS to pay Jay $250 a day until he gets treatment. The state agency has not paid yet, but as of today, the accrued sanctions, backdated to May 9, total $23,000.

During the hearing in June, Assistant Attorney General Nathaniel McKean represented DSHS and said his department believes the sanctions are "counterproductive" to finding a solution.

"Your Honor, it's not like we're twiddling our thumbs over here. We understand that there is an issue, and we are trying to process these instances as quickly as we can," McKean said.

Jay's defense attorney filed a motion to dismiss the case, saying that the state's delay is violating his substantive due process rights and that "lack of funds, staff or facilities cannot justify the State's failure to provide treatment."

The King County Prosecuting Attorney’s Office said it will fight any attempt at dismissal. 

The next hearing is scheduled for August 16.

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