A Santa Barbara County Superior Court judge has granted a petition for restoration of sanity and freedom from supervision for a man who partially decapitated a Santa Maria resident on an early morning walk in 2009.
Nicholas Bendle, 31, who now lives in Northern California, filed a petition a year ago seeking to be restored to sanity and released from the outpatient supervision in place since he left Patton State Hospital in 2014.
In August 2009, Bendle, armed with a hatchet, randomly attacked a pedestrian walking on South Miller Street near Stowell Road, killing Frederick Holgate, 69, of Santa Maria.
Bendle’s doctors blamed mental illness, but now remain uncertain about the specific diagnosis.
On Dec. 15, 2011, Bendle became a patient at Patton State Hospital where he underwent treatment that included psychiatric medications.
In 2012, doctors ended the medication and Bendle has remained symptom free.
In 2014, a judge agreed Bendle could be released from Patton and enter a Conditional Release Program (CONREP) with those who provided treatment calling him a model patient.
Five years later, he petitioned to be free from Solano County CONREP, setting the stage for the trial in which attorneys, witnesses and Bendle appeared virtually.
The Santa Barbara County District Attorney’s Office opposed Bendle’s request.
Since his release from state prison, Bendle has started working as an apprentice plumber, established a relationship with a girlfriend, and become a father, all while meeting or exceeding his treatment goals, according to the judge’s ruling.
“In short, there was no credible evidence that he continues to pose a danger, and the evidence presented by the experts clearly demonstrates that Mr. Bendle, as a result of a mental disease, defect or disorder, no longer poses such a danger,” McGregor said. “The petition is granted.”
“Mr. Bendle, you have a lifetime task in front of you to continue to recognize and realize the pain and suffering that your actions caused. You’ve shown a great level of insight into the possible triggers that you have,” the judge said.
Bendle demonstrated his insight during this year of community turmoil with COVID-19, along with Bay Area fires and protests, while maintaining his job and other responsibilities yet continuing to meet CONREP requirements, the judge said.
During testimony Bendle recognized he must maintain vigilance for symptoms, the judge said.
“Mr. Bendle also indicated that his risk is never zero, and will require Mr. Bendle to continue a lifetime of efforts to keep his psychiatric vulnerability at bay,” McGregor said.
For this hearing, the defendant had the burden of proof to show he no longer poses a danger, with his attorney calling several mental health experts who treated him through the years.
“The significance of his offense is not lost on him in any manner,” said Christie Vice, one of Bendle’s therapists.
She credited his strong support system for helping him along with “a well-rounded toolbox” to keep him healthy.
“He’s always shown good insight to his warning signs and triggers,” she added.
Those include losing sleep, isolation from family, and changing his routine.
“I have a lot of steps in place to be able to manager stressors,” said Bendle, who earlier became emotional when talking about his crime.
Under questioning from Bendle’s attorney, Erica Sutherland, none of the experts raised concerns about her client if CONREP supervision ended.
“Mr. Bendle has proven by a preponderance of the evidence that the answer is no. He currently possesses the education, the insight and the resources so that he is not a danger,” Sutherland said.
But Deputy District Attorney Lara Clinton opposed the release, with questions of witnesses centered on whether Bendle had been forthright with CONREP regarding his girlfriend’s earlier miscarriage and the effects of a newborn on his sleep, one of the triggers.
Witnesses raised concerns about Vice’s plan to treat Bendle as a private therapist when he’s off CONREP, suggesting it could be a conflict of interest due to her prior role treating him.
Clinton also asked witnesses about the lack of an aftercare plan or established private therapist, which some said could be difficult to find due Bendle’s previous violence. It also means Bendle will have to pay for the therapy, now provided by CONREP, Clinton said in her closing argument.
“Without those items in place, he still poses an unreasonable risk to the community,” Clinton said. “And this court should not allow the unique circumstances of releasing someone who doesn’t even have a viable aftercare plan.”
“This is a premature request to be let off of CONREP,” Clinton added.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.