Man awaiting sentence in Point Defiance stabbing is mentally unfit. What’s next?
AI-generated summary reviewed by our newsroom.
- Judge orders 90-day inpatient treatment at state psychiatric hospital
- Psychologist finds defendant likely incompetent to assist in his own defense
- Defendant self-represented and now claims he did not have a fair trial
The man awaiting sentencing after a jury convicted him of first-degree attempted murder for repeatedly stabbing a woman at Point Defiance Park in Tacoma has been ordered to undergo 90 days of inpatient treatment at a state psychiatric hospital.
Pierce County Superior Court Judge Michael Schwartz ordered the treatment for Nicholas Fitzgerald Matthew on Oct. 15 after a forensic psychologist determined it was more likely than not that Matthew lacks the capacity to assist in his own defense due to a mental disease or defect.
Matthew, 29, represented himself in his trial but did not give opening statements or closing arguments and did not question any witnesses. A jury of six men and six women found him guilty of the Feb. 10, 2024 stabbing after about two-and-a-half hours of deliberations.
The woman Matthew attacked, local architect Victoria Nizzoli, testified during the trial and pointed Matthew out as her assailant. She was repeatedly stabbed while walking alone on a trail, and prosecutors said she would have died if not for the actions of witnesses who came to her aid. DNA evidence and surveillance images also tied Matthew to the crime.
In September, Matthew wrote a letter to the court asking for a new trial and stating that his trial had been unfair. He said he didn’t believe he should have been allowed to represent himself.
“I could not effectively defend myself due to my mental health conditions,” Matthew wrote Sept. 22. “During the trial, I felt too crippled by my conditions to say anything in my defense.”
His sentencing had been set for Sept. 26. The day before, Peter Reich, an attorney from the Department of Assigned Counsel, wrote in a sworn affidavit that he had reason to believe it was necessary to evaluate Matthew’s mental competency. Reich had been Matthew’s standby counsel throughout the trial, and he said he was basing his request on his communications with Matthew and his observations of him, as well as his understanding of his history of incompetency.
Although Matthew’s mental health issues were excluded from trial, he previously underwent two 90-day periods of inpatient treatment at Western State Hospital before he was cleared to proceed to trial. In his most recent psychological examination, dated Oct. 14, he was diagnosed with unspecified schizophrenia spectrum and other psychotic disorder.
The psychological exam noted that Matthew had a history of “mixed response” to psychiatric treatment and that he had a poor history of taking prescribed medication. The psychologist’s opinion was that the defendant’s psychiatric functioning likely would improve with additional pharmacological and/or psychosocial treatment.
Matthew’s Oct. 7 interview with the psychologist lasted about 20 minutes before it was ended because of the difficulty Matthew had responding accurately to comprehension-check questions and his varied willingness to participate.
Pierce County Jail records incorporated into the psychological examination showed that he was seen for a mental health follow up the day after he was found guilty. The checkup documented that he had not been compliant with his medication. Matthew told staff he was taking his medication but needed something stronger.
Matthew received additional mental health services Sept. 17, and he reported increased anxiety and intrusive thoughts around being sentenced.
He also reported getting “explosive energy” at times that he described as feeling like his body was being attacked by energy. Records show Matthew had recently refused to move from his cell in housing segregated from the general population. If transferred, he reportedly said he would “get into it” with other inmates and reported a fear of aggressive inmates.
