Thurston County prosecutors filed one felony count against the man accused of breaking into the state Capitol building Sunday night, but were awaiting further evidence before deciding whether to charge him with arson or reckless burning.
Prosecutors charged Gunnar Schubert, 29, a former minor league baseball player from Auburn, with second-degree burglary and third-degree malicious mischief, a misdemeanor, on Wednesday.
Judge Chris Lanese found probable cause on those counts Monday and required Schubert to undergo a mental health evaluation before he could be released from jail. Records show he was out of custody Wednesday without being required to post bond.
According to a probable cause document, Schubert drove onto the Capitol lawn, hopped a curb and abandoned his parked car around 10 p.m. Sunday before breaking into the 97-year-old domed building.
The police report says Schubert was carrying a bottle of Zippo lighter fluid and a lighter. Cameras showed a man toppling county flags, breaking an elevator card reader and smashing a glass door. Troopers found several hammers at the scene.
Schubert allegedly knocked over historic busts of George Washington and Martin Luther King Jr. on the third floor and damaged several state artifacts in the State Reception Room, including a one-of-a-kind chenille rug from 1928.
The state Department of Enterprise Services didn't have a full damage estimate as of Wednesday.
The rampage lasted about 10 minutes. A trooper arrived on campus within about 30 seconds, with backup arriving minutes later, and they detained Schubert without further incident.
Despite fire damage to county, U.S. and state flags, as well as scorch marks on the rug and marble in the building, the evidence did not indicate that the building sustained burn or charring damage sufficient to support an arson charge," said Tara Tsehlana, a prosecutor’s office spokesperson.
Malicious mischief covers general property damage, she said.
"We will continue to review any new information received from (State Patrol) and will consider amending or adding charges as the investigation progresses," Tsehlana said.
She added: "The arson and reckless burning statutes have clear language that the crime only applies if specific things are damaged.
This month, Schubert posted several rambling videos on Instagram about vaccines and political conspiracy theories. He also posted photos outside the Washington state Capitol on Aug. 27, a video inside the rotunda on Sept. 23, and a selfie outside the Oregon Capitol building last week.
The new court documents do not give any more insight into Schubert's mental state.
A public defender for Schubert did not respond to a request for comment.
Schubert's arraignment is set for Friday.
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