A Seattle, WA. Man arrested on suspicion of hate crime against Democratic MP Pramila Jayapal has been released from prison because prosecutors say they are still gathering evidence in the case.
Brett Allen Forsell, 48, was arrested outside Jayapal’s home Saturday night when police said he was standing in the middle of the street with a Glock 22 .40 caliber pistol holstered around his waist.
Jayapal had called 911 to report someone outside her home shouting profanities, and a neighbor told police the suspect had shouted threats and insults, including “I’ll kill you” and “Go back to.” India.’
King County prosecutors said Seattle police released Forsell Wednesday because they could not say for sure he made the threats and racial slurs Seattle Times reported.
Rep. Pramila Jayapal, chair of the Progressive Caucus, was at home in Seattle with her husband Steve (with her above) when she called 911 to report a man shouting obscenities
However, court records show that the Seattle Police Department obtained a temporary extreme risk protection order to require the man to turn in his firearms and concealed gun license, citing concerns about escalating behavior towards Jayapal and increasing mental health issues .
Washington State has permissive open carry laws and does not require a license to open carry. Court records also show that Forsell had a concealed carry permit, and he was not charged with gun crimes in the incident.
In 2016, Jayapal became the first Indian-American woman to be elected to the US House of Representatives. Forsell is listed as white in police records.
The shocking incident happened around 11:25 p.m. Saturday when police advanced on Jayapal’s home in the Arbor Heights neighborhood.
There, officers found Forsell, holstered with a gun, “standing in the middle of the street with his hands raised,” according to a police statement with probable cause, redacting the suspect’s name.
Jayapal had told a 911 dispatcher that the man was shouting obscenities and that her husband thought someone might have fired an air pistol, the statement said.
A neighbor told police she heard the man yell something along the lines of, “Go back to India. I will kill you,” the statement said. The neighbor saw and heard the man drive by Jayapal’s home at least three times, yelling profanities.
In 2016, Jayapal became the first Indian-American woman to be elected to the House of Representatives. Forsell is listed as white in police documents; and he was initially arrested on suspicion of hate crimes
A detective met with Jayapal’s husband, who provided video clips from their home security system, according to the protection order petition.
In one clip, the last part of the word “India” can be heard, followed by a swear word with explosive devices aimed at Jayapal, the petition reads.
In another clip, the man can be seen approaching the house while yelling obscenities about being Jayapal’s neighbor, followed by metal noises.
The detective could not be sure if the noise came from a handgun or metal tent poles as the man attempted to set up a tent on Jayapal’s property, the petition said.
Police learned the man had emailed Jayapal’s public account in January saying he disliked her because of her “perceived political misconduct,” the petition said.
Jayapal’s husband gave police officers video clips of their home security system, but it seems they didn’t fully grasp the threats
According to the petition, he has also driven past her home since late June and yelled obscenities at her on several occasions.
The petition said the man told officers he wanted to buy an assault rifle for protection, but he refused to say anything about Jayapal’s ethnicity or threaten to kill her.
The investigation is ongoing and local or state prosecutors could still file charges.
Seattle prosecutors did not decline to pursue a criminal case — but they currently have no evidence a hate crime was committed, said Casey McNerthney, a spokesman for the King County Attorney’s Office.
After an arrest, prosecutors have 72 hours, excluding holidays and weekends, to file criminal charges against a detainee. If no charges are brought by then, the person must be released from custody.
“In a time of increasing political violence, security concerns of any elected official should be taken seriously, as we do here,” McNerthney wrote in an email on Wednesday.
“The investigation is ongoing and our office is working with police investigators to ensure we understand the full extent of the suspect’s actions in order to build the best possible case.”
Prosecutors declined to name Forsell as a suspect in the case because no charges were filed, but his identity was confirmed by King County accounting records.
A judge had ordered him held in lieu of $500,000 bail on suspicion of malicious harassment and hate crimes until the court ordered his release on Wednesday.
Jayapal, a Democrat, heads the Congressional Progressive Caucus. In a statement, her office confirmed she was home when “incidents occurred at her home in Seattle on Saturday night.”
“The Congresswoman and her family are safe and appreciate the many calls and well wishes she is receiving from constituents,” the statement said.
“She is very grateful for the prompt and professional response from the Seattle Police Department, US Capitol Police and FBI investigators who are working diligently to investigate and ensure she and her family remain safe,” the statement added.
“As this is an ongoing investigation, she will not comment further at this time.”
Jayapal, a Democrat, heads the Congressional Progressive Caucus. In a statement, her office confirmed that she was at home when “incidents were occurring at her home in Seattle.”
According to the petition, Forsell’s mother told police her son has not eaten or slept recently and is struggling with pain from a work injury and with managing his mental health.
She told police it was not a good idea for her son to have access to guns.
Within 14 days of the issuance of an interim protection order, there is a full hearing before a judge, during which a defendant may challenge it.
The judge then decides whether to deny or grant a permanent order barring the defendant from owning or buying firearms for one year.
