A 29-year-old man accused of vandalizing the Washington state Legislative Building Sunday has been released without bail.
Gunnar McLean Schubert, a former Gonzaga University baseball player, attended his preliminary appearance in Thurston County Superior Court on Monday with his left arm in a cast.
State troopers booked Schubert into the county jail Sunday night after responding to a reported break-in at the iconic domed building on the Capitol Campus.
In a BlueSky post, Gov. Ferguson said several facilities and historical artifacts were damaged.
Jail records indicate Schubert was booked on suspicion of first-degree arson, first-degree burglary and first-degree malicious mischief.
However, in court Monday, prosecutors only accused Schubert of second-degree burglary and third-degree malicious mischief.
Judge Christopher Lanese found probable cause for the alleged crimes and ordered Schubert be released with conditions, saying the court could not reasonably be assured he would return to court when required.
The imposed conditions state he may not violate criminal law, leave the state or possess dangerous weapons or firearms. He’s also barred from returning to the Capitol Campus without an escort.
Deputy Prosecuting Attorney Randy Trick said Schubert may be accused of more crimes because there is evidence of flags being burned. He said Schubert’s motive remains an open question.
“One of the biggest questions at this time, based on the reports that I’ve been able to see, is a motive or what exactly Mr. Schubert was thinking or doing while he was in the Legislative Building,” Trick said. “I would note that evidence of his intrusion and damage was found on multiple floors, which indicates that he was in the Legislative Building for at least some time.”
Given the “odd nature” of what occurred, Trick asked the court to have Schubert undergo a mental health evaluation by a designated crisis responder prior to his release and that he be placed on pretrial supervision. He also asked Lanese to set $5,000 bail.
Lanese imposed nearly all conditions requested by the state, except for the request for bail. He said there is no reason to set bail because there are no allegations of a violent offense in this case.
When setting bail, he said he must focus on three factors: the likelihood of a future violent offense, interference with the administration of justice and not showing up in court.
“I understand the nature of this crime is high profile and many people have large feelings based on the allegations, but they are mere allegations,” Lanese said. “For better or for worse, in Washington state there’s a presumption of release in Criminal Rule 3.2.”
Lanese said Schubert does not have a significant history of failing to appear in court.
“If his allegations are borne out to be true, the punishment he will receive will happen in due course and not before trial when he is presumed to be innocent and there’s no reason to believe that he should be held while this case is pending.”
Before ending the hearing, Lanese warned Schubert that a bench warrant will be issued for his arrest if he violates any of the imposed conditions. If that does happen, he said the court will likely impose significant bail or order he be held without bail.
“We don’t want that to be happening in this case because that’s not necessary,” Lanese said. “However, you control that outcome.”
Court records indicate Schubert has a criminal history that spans multiple counties. He was convicted of possessing a weapon in a prohibited place in a 2020 Franklin County District Court case. He’s also been convicted of first-degree criminal trespass three times: once in a 2020 Kittitas County District Court case, once in a 2020 Jefferson County Superior Court case, and once in a 2022 Mason County Superior Court case.
A probable cause statement describes the initial police investigation into the break-in. Prosecutors file such statements with the court so judges may determine probable cause for alleged crimes and set conditions of release during the pretrial phase.
The following is a summary of that statement for Schubert’s case.
At 10:12 p.m. Sunday, a state trooper responded to a report of an abandoned white car parked on the sidewalk of the flag circle of the Legislative Building on the west Capitol Campus.
Another trooper began walking up the north steps of the building when a fire alarm went off.
Halfway up the steps, the trooper observed a man, later identified as Schubert, walking away from a broken window. The trooper ordered Schubert to the ground and he complied.
The trooper then placed Schubert in plastic flex cuffs rather than standard cuffs because he had a cast on his right arm.
Schubert declined to speak with troopers after being advised of his constitutional rights.
A trooper found a bottle of Zippo lighter fluid and a lighter near the broken window. On a windowsill, the trooper found a metal hammer and broken glass.
Inside the building, troopers observed that the broken window led into the office of State Rep. Liz Berry, a Seattle Democrat. Troopers then found a second, larger hammer on a desk in the office.
On the ground floor, troopers found a broken key card reader to an elevator and a broken hand sanitizer dispenser. In the southwest corner, a trooper found cigarette ashes on a carpet.
Olympia Fire Department personnel responded to the scene and reset a manual fire alarm that was pulled outside of the state representative offices.
Washington state Department of Enterprise Services staff later observed a smoke alarm was activated in the Senate Reception Room. Troopers went up to the third floor to investigate.
On the way up, the troopers observed that several county flags in the rotunda were on the floor. Some flag stands were broken and some flags were burned.
On the third floor, a trooper observed busts of George Washington and Martin Luther King Jr. were knocked over. A glass pane of the door leading into the Senate Reception Room was broken and the room was full of smoke.
The trooper found several burned flags on the floor inside the Senate Reception Room.
Olympia Fire personnel were then called back to the building to make sure there were no other fires.
Security footage showed Schubert inside the building. In some shots, he appears to be holding a can of Zippo lighter fluid.
Fire department personnel also treated Schubert for a “fresh cut” on his left arm.
