Man Charged Again for Child Sex Crimes After Competency Evaluation

Richard J. Payne faces new charges after previous case was dismissed due to mental incompetency.

Apr. 5, 2026 at 3:39pm

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A 40-year-old man named Richard J. Payne has been recharged with three counts of first-degree rape of a child in Pacific County, Washington. Payne was previously deemed incompetent to stand trial on the same charges in 2024, but a new competency evaluation has led to the case being refiled.

Why it matters

This case highlights the challenges of the criminal justice system in handling defendants with mental health issues, as well as the ongoing need to protect vulnerable children from sexual predators even when a defendant is found incompetent to stand trial.

The details

Payne was initially arrested in January 2024 after a child reported being sexually assaulted while staying with relatives in Raymond, Washington. The child's relatives said they became suspicious of Payne's behavior and had to repeatedly tell him to leave the child's room. Payne was charged with three counts of first-degree rape of a child, but a competency evaluation found he was not mentally fit to stand trial at the time. The case was dismissed in October 2024, and a civil commitment process was started. However, the Pacific County Prosecutor's Office has now refiled the same charges against Payne, and a new competency evaluation has been ordered by the judge.

  • Payne was arrested on January 19, 2024.
  • Payne was charged on February 2, 2024.
  • Payne was found incompetent to stand trial on February 14, 2024.
  • The previous case was dismissed on October 11, 2024.
  • The new charges were filed on April 2, 2026.

The players

Richard J. Payne

A 40-year-old man who has been charged with three counts of first-degree rape of a child.

Western State Hospital

The mental health facility that evaluated Payne and found him incompetent to stand trial in 2024.

Judge Donald J. Richter

The judge overseeing the case who has ordered a new competency evaluation for Payne.

Pacific County Prosecutor's Office

The local prosecutor's office that has refiled the charges against Payne.

Alleged Victim

A child who reported being sexually assaulted by Payne while staying with relatives in 2023.

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What they’re saying

“Mr. Payne lacked the capacity to understand the nature of the proceedings against him and to assist in his own defense due to ongoing symptoms of a mental disease or defect.”

— Dr. Kelle Agassiz, Psychiatrist at Western State Hospital

What’s next

The judge has ordered a new competency evaluation for Payne, and a $250,000 warrant has been issued for his arrest.

The takeaway

This case highlights the ongoing challenges of the criminal justice system in handling defendants with mental health issues, as well as the need to balance public safety with providing appropriate treatment and support for those deemed incompetent to stand trial.