New evaluation ordered for Richland killer before his limited release

Yet another psychologist is being asked to weigh in on whether the Richland Fred Meyer killer should be allowed visits into the community.

Superior Court Judge Jackie Stam made the ruling Monday following a hearing in Benton County Superior Court.

A previous psychologist agreed with Washington state mental health experts that it’s safe to start giving Aaron C. Kelly, 43, some more freedom.

Kelly has been in a state mental hospital since being found innocent by reason of insanity after killing Instacart shopper Justin Krumbah and wounding a store employee in 2022.

Kelly currently lives in the state’s Maple Lane facility in Centralia, where he is kept under constant supervision, along receiving treatment, including medications.

Now, Kelly is asking for permission from Stam to go on staff-escorted trips into Centralia and to move around his treatment facility freely. It’s a move that state psychologists have signed off on.

But Monday’s hearing was packed Richland police officers and members of Krumbah’s family, who’ve been outraged that Kelly didn’t go to prison.

Benton County Prosecutor Eric Eisinger has argued against the escorted trips, saying he doesn’t believe it’s safe to start granting Kelly more freedom.

“I would suggest the nature of this crime, going into a grocery store and gunning down two complete strangers, makes the short amount of time since his commitment particularly concerning,” Eisinger said during Monday’s hearing.

Kelly asked in February 2025 to be allowed “limited community release.” That led to a review by a state board made up of mental health professionals who assessed the risks.

They agreed that “Mr. Kelly’s risk for engaging in future criminal acts of violence is relatively low while he continues to reside in the secured environment of Maple Lane,” court documents said.

The insanity verdict means Kelly’s stay in the state hospital system lasts until psychologists determine it’s safe to release him. He could spend up to life in the system.

Psychologist evaluations

Prosecutors initially turned to psychologist Wendi Wachsmuth to determine if it was safe to let Kelly out. Wachsmuth sided with the state psychologists, Eisinger told Stam during Monday’s hearing.

He wanted to enlist another expert — Kenneth Muscatel, a forensic and neurological psychologist with more than 45 years of experience. Eisinger asked for another 30 days to finish the interview.

While Muscatel didn’t offer an opinion, he said Kelly didn’t seem to understand his condition.

“Records I reviewed suggested that Mr. Kelly has, at times, asserted he does not, or may minimize, the full acceptance that he suffers from this severe and chronic mental health condition,” Muscatel said in court documents.

Kelly’s attorney, John Chase, argued that Eisinger already had an expert evaluate his client. The law doesn’t allow him to get another chance.

He argued that Eisinger was misstating the law and picking out portions of the medical records without context to support his argument, court documents said. Muscatel stated during a deposition that he didn’t oppose the state’s recommendation for escorted releases.

Chase filed a motion for summary judgment, asking Stam to allow for the conditional release.

“This case should not be further delayed because the state does not like its chosen expert’s opinion, and there is not a reasonable basis to believe that its next expert of choice would offer a different opinion,” Chase said in his statement to the judge.

Stam sided with Eisinger saying that she wanted as much information as possible before making her decision.

“This court is aware of concerns that were raised at the time of the acceptance of that plea that Mr. Kelly is a very intelligent individual and because of that he was able to mask his symptoms longer than a person with average or normal intelligence,” she said. “Those reports were very disturbing to the court.”

She allowed Muscatel to interview Kelly, and planned to set the hearing on the issue after the beginning of the year.

Chase said he plans to appeal Stam’s decision.

This story was originally published December 2, 2025 at 5:00 AM.