Chetcuti shooter returns to county

Sullivan is charged with first-degree murder for killing Officer Dave Chetcuti, 44, and attempting to kill San Bruno police Officer Seann Graham in a hail of gunfire on April 25, 1998. In the years since, Sullivan has had numerous mental evaluations, began numerous failed attempts at trial and spent two lengthy terms at a psychiatric hospital.

In July 1999, Sullivan, a diagnosed paranoid schizophrenic, was deemed incompetent to stand trial and sent to Napa State Hospital. Psychiatrists last declared Sullivan competent in September 2001 but warned he required medication. Sullivan returned to San Mateo County but refused to take his anti-psychotic pills while at the jail awaiting trial. At the time, defense attorney Vince O'Malley said the pills were a different color than the ones Sullivan received at the hospital.

In July 2002, he was once again declared incompetent and shipped back to the hospital after suffering delusions including beliefs he was a CIA agent, an astronaut and an "intergalactic warrior."

Doctors alerted prosecutors Friday that the last two years of treatment makes Sullivan able to aid in his own defense. The decision was met with mixed reaction by prosecutor Steve Wagstaffe who initially fought to keep Sullivan from hospitalization but now wonders if the defendant will once again spiral back into delusions before reaching trial.

"If I knew which way it would proceed, I would have more certain satisfaction seeing him returned," Wagstaffe said.

Chetcuti's family and grown sons are being contacted by investigators about Sullivan' s return, Wagstaffe said.

One person who will not see Chetcuti's killer stand trial is his widow, Gail, who lost her battle with brain cancer last July at age 48. Before her death, Chetcuti spent the six years after her husband's shooting comforting other families of slain officers and fighting to change state laws that she believed kept Sullivan from justice.

Sullivan's return also means District Attorney Jim Fox could hypothetically seek the death penalty. However, Fox has a bigger dilemma first: how to keep Sullivan deemed competent while outside the care of state doctors.

During Sullivan's last time in the county, Fox and Wagstaffe made a rare request to forcibly medicate him. Judge Dale Hahn declined after local doctors refused to give Sullivan medicine without his permission.

The law has also not been on the side of forcible medication although a U.S. Supreme Court ruling last year may give prosecutors more options this time. The justices ruled that forcible medication may be allowed if an inmate can be proven an immediate danger to himself or others.

At the time of Sullivan's last commitment, Wagstaffe and Fox said they would try to figure out how to keep him in either the state hospital or a local facility until his trial.

"We are looking into our options about that," Wagstaffe said.

Fox would first need to find a facility willing to accept Sullivan and armed security at the site.

Wagstaffe said a speedy trial is also key to ensure Sullivan does not have enough time to mentally deteriorate again.

"We don't want to have a repeat performance," Wagstaffe said.

Sullivan has been in custody since the routine traffic stop by Graham went awry. Graham pulled Sullivan over for expired tags on his car but he came out shooting an automatic assault rifle. Graham ducked for cover in a ditch and called for back up. Chetcuti responded on his motorcycle and was hit 13 times. He was wearing a bullet proof vest but one bullet struck his head.

Sullivan was indicted by the San Mateo County Grand Jury on charges of murder, attempted murder and firearms possession.

Chetcuti was the only Millbrae police officer ever killed in the line of duty. The stretch of U.S. Highway 101 where he died was eventually re-named in his honor. On the third anniversary of his death, the Millbrae Police Department dedicated a room in its new building to Chetcuti.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.