EVERETT — The family of a Lake Stevens man fatally shot by police in 2023 has filed a federal civil rights lawsuit, alleging delays in providing court-ordered mental health treatment contributed to his death.
James Blancocotto, 30, had long struggled with drug and mental health issues. In October 2022, Snohomish County Superior Court Judge Anita Farris ordered Blancocotto be admitted to Western State Hospital in Pierce County for a mental health evaluation.
Attorney Edward Moore, who represents the family, alleges the state failed to comply within the 14-day timeline required by law — a claim the state denies in court documents.
Noting the deadline had passed, Blancocotto’s public defender at the time, Rachel Forde, urged a judge to release her client or dismiss the charges.
On Dec. 6, the judge denied Forde’s motion, citing a lack of a safe release plan. By Dec. 23, Blancocotto had spent more than 50 days in custody awaiting the evaluation.
He was released to a nonprofit housing program, which discharged him less than three weeks later, the day before his death.
On Jan. 13, 2023, Blancocotto reportedly assaulted a woman and stole her van in a Lake Stevens shopping center. He fled south on Highway 9 then abandoned the van and ran from Lake Stevens police.
According to investigators, an officer used a Taser on Blancocotto twice, but it did not appear to stop him.
He then ran to the patrol vehicle, entered the driver’s seat, and shut the door. Inside the car, an AR-15-style rifle was secured in a vertical rack behind the center console.
The officer returned to the vehicle and fatally shot Blancocotto, according to a search warrant.
Moore argues that Bernhard left the patrol vehicle unlocked, with keys and a rifle inside, creating a dangerous situation that should have been de-escalated rather than met with deadly force. “If there’s not an imminent threat, we don’t use deadly force,” Moore said. “There was no imminent threat here.”
The Snohomish County Multiple Agency Response Team (SMART) investigated the use of force. Lake Stevens officer Kerry Bernhard, who was placed on administrative leave after the shooting, remains a defendant in the civil case.
SMART concluded the investigation in April but their findings remain confidential. Moore said no charges were filed and investigators met with the family to explain the decision, which found the shooting justified.
The city of Lake Stevens and the state of Washington have denied liability in court documents and declined to comment due to ongoing litigation. The state is represented by attorneys Andrew Brown and Carl Warring, who referred comment inquiries to the Office of the Attorney General.
The federal lawsuit, filed in U.S. District Court in Seattle, alleges negligence, excessive force and violations of the Americans with Disabilities Act and the Washington Law Against Discrimination. It claims the Department of Social and Health Services ignored a court order and failed to transfer Blancocotto to an inpatient facility, contributing to his deteriorating condition and eventual death.
Moore said the tragedy could have been prevented.
“He never should have been released without proper treatment and care,” Moore said. “If she’d simply not left her vehicle accessible, he’d have been arrested and taken to jail that day.”
Moore noted that only one shot was fired, which proved fatal, and questioned whether Blancocotto had even put the car into drive. “It’s not clear to me whether it was in drive or not,” he said.
Blancocotto is survived by his parents and four siblings. His sister, Jennifer Bennett, is the personal representative of his estate.
“He was a troubled young man with a history of problems,” Moore said. “But that doesn’t make his loss of life any less dear to them.”
The case is in its early stages and may be settled before trial, Moore said.
“Mr. Blancocotto’s death demonstrates why the criminal system is not the best way to get people access to mental health treatment,” Forde said in an email. “Instead of arresting mentally ill people and throwing them in jail, they should be brought to hospital and mental health facilities that can offer treatment.”
Aspen Anderson: 425-339-3192; aspen.anderson@heraldnet.com; X: @aspenwanderson.
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