Richland Fred Meyer shooter allowed more freedom after 3rd expert says its safe

The man who opened fire in Richland’s Fred Meyer has moved closer to release after a third expert found it was safe to give him more privileges.

Judge Jackie Stam signed off on a motion allowing Aaron C. Kelly, 43, to move around the grounds of a state facility in Centralia and to take escorted trips into the community, court documents said.

This came after a second prosecution mental health expert agreed with state experts that it is safe to ease the restrictions on Kelly.

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 with receiving treatment, including medications.

Krumbah’s family expressed frustration about the decision, saying that Kelly shouldn’t be granted any new freedoms. They have previously expressed concern about whether it would ever be safe to release Kelly.

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.

Psychologists side with Kelly

Prosecutor Eric Eisinger initially said he would fight the change and that he didn’t believe it was safe to give Kelly more freedom.

This led him to enlist forensic psychologist Wendi Wachsmuth, who agreed with the state psychologists.

Kelly’s attorney, John Chase, asked Stam to approve the change, but Stam denied the change and gave prosecutors a chance with a second expert — Kenneth Muscatel, a forensic and neurological psychologist with more than 45 years of experience.

Stam gave prosecutors an additional 30 days to have Kelly interviewed, but it took far less time for Muscatel to come back with a point of view that supported the state psychologists’ opinions, court documents said.

Without an expert on their side, the prosecutors conceded that Stam needed to grant the order.

“The Court finds ... that there is not substantial evidence to deny the conditional release recommended,” according to the judge’s order allowing Kelly to have more privileges.

Mental health treatment

State mental health officials emphasized that they can’t keep patients locked up based solely on their crimes.

They must consider if a person will be a danger to themselves or others if they’re given more freedom. The patient is generally working toward managing their mental illness in a way that won’t put others in danger.

There are a number of steps patients can take toward release. Each move has to be approved by a judge.

Having the ability to move around the hospital without staff and leaving the hospital with staff members are two of the first steps.

In Kelly’s case, his treatment team believes that the risk is mitigated by his treatment and medication, according to court documents.

Hospital staff said he would be able to go to substance use disorder assessments and treatment while accompanied by a staff member, court documents said.

“I have accrued (a) non-negligible, proven, post-psychosis track record in the form of multiple outings to the dentist and one outing to the ophthalmologist.”

The staff has proposed a number of conditions on his release, including following any proposed treatment plan, attending scheduled therapy sessions and taking his medication.

If he begins to have problems, they also will monitor his mental illness to determine if it gets worse.