Dan DeLong / P-IJohn Osterhaug, father of victim Kari Osterhaug, listens Friday to a hearing for Thomas Gergen, who pleaded to insanity five years ago.
Angry judge forced to free man who killed wife in 2003
A man who killed his wife five years ago in a psychotic rage must be set free, a judge ordered Friday, because prosecutors presented no proof he is a danger to the community.
By Natalie Singer
Seattle Times staff reporter
Thomas Gergen will live in Bellevue.
Related
Archive Man charged in killings of his wife, unborn child
A man who killed his wife five years ago in a psychotic rage must be set free, a judge ordered Friday, because prosecutors presented no proof he is a danger to the community.
Superior Court Judge Michael Hayden told Thomas Gergen, 36, he would be released from Western State Hospital to live with his mother in Bellevue in the next 45 days, as soon as a treatment program can be set up.
During Gergen's court hearing on Friday, the judge chastised prosecutors, saying their failure to present any substantial evidence made it virtually impossible for him keep Gergen in custody.
"It is the burden of the prosecutor to provide substantial evidence that Mr. Gergen presents a substantial risk to the community. What evidence have you given me? ... You presented no proof," Hayden scolded.
Gergen has been held at the state mental hospital since he was found not guilty by reason of insanity in the 2003 shooting death of his wife, Kari Osterhaug. The hearing Friday was to decide whether he is stable enough to be released into the community. It was one of several such hearings for Gergen since he was committed.
A man who killed his wife five years ago in a psychotic rage must be set free, a judge ordered Friday, because prosecutors presented no proof he is a danger to the community.
By Natalie Singer
Seattle Times staff reporter
Thomas Gergen will live in Bellevue.
Related
Archive Man charged in killings of his wife, unborn child
A man who killed his wife five years ago in a psychotic rage must be set free, a judge ordered Friday, because prosecutors presented no proof he is a danger to the community.
Superior Court Judge Michael Hayden told Thomas Gergen, 36, he would be released from Western State Hospital to live with his mother in Bellevue in the next 45 days, as soon as a treatment program can be set up.
During Gergen's court hearing on Friday, the judge chastised prosecutors, saying their failure to present any substantial evidence made it virtually impossible for him keep Gergen in custody.
"It is the burden of the prosecutor to provide substantial evidence that Mr. Gergen presents a substantial risk to the community. What evidence have you given me? ... You presented no proof," Hayden scolded.
Gergen has been held at the state mental hospital since he was found not guilty by reason of insanity in the 2003 shooting death of his wife, Kari Osterhaug. The hearing Friday was to decide whether he is stable enough to be released into the community. It was one of several such hearings for Gergen since he was committed.
(snip)
According to testimony and court documents, Gergen's mental illness first appeared while he was in college, and it mushroomed in the months after Osterhaug became pregnant with their first child in 2002. He had become convinced that his father-in-law was trying to poison him, and that the baby wasn't his. He heard voices and believed that his wife asked him to kill her, he later told police and doctors.
On Jan. 4, 2003, Osterhaug, a biologist, and Gergen's mother took Gergen to the hospital for a psychological evaluation. He was released about 2 a.m. the next day. Within five hours, he shot his wife five times in their Shoreline home and shot himself in the face in a suicide attempt, according to court documents.
SHOULD THOMAS GERGEN BE RELEASED? YOU DECIDE...
22 comments:
The judge says the prosecutors presented no evidence that Gergen is a threat........what more evidence do you need? He murdered his wife and unborn child. That's a pretty strong indicator he is a threat to society.
The crime was committed while untreated. A person with treated and untreated mental illness are very different.
I knew Tom, I spent the night at his house as a teenager. He was very different and his whole family was strange. I don't think his mother took very good care of him back then and this is scary that she should be his guardian now. What he did deserves the death penalty no matter what. I felt sorry for him suffering without a face, but now that he is fixed up it seems wrong that he should go on living. Hopefully he can competently finish the job. We played football together, we were like soldiers in battle and shared honor and glory, he should do the honorable thing and successfully kill himself.
You and I obviously know eachother if you went to Finn Hill and I'm shocked at the comments you make about Tom. I spent countless nights with him and smitty and I don't know how you classify his family as being strange? His mother is a very loving and understanding person who had to raise her son by herself. I also don't understand why it's okay for you to think Tom can keep living if his face was disfigured but now that he's recovered he should die. I had to watch at a distance as Tom's illness took over his life and while I don't condon his actions I know it wasn't the Tom that I grew up with who committed the senseless act of violence against his family and I know how much he loved his wife when he was well and spoke with him just weeks before the incident. How do you draw the conclusion of a football analogy to a person killing one self? If you graduated from Juanita in '91 then we know eachother, beyond that I question how well you knew Tom and based off your comments I don't think you were ever really a friend to him.
Sean M.
I know Tom and I think he is a great person and it is nice he was able to be set free and live with his mother.
P.S. to the person who said his family is strange I have met his family and they are very nice.
This butchered article is a despicable piece of work. Please open the link to the entire article from the Seattle Times which provides the full picture. I knew Tom in high school and after and he was a wonderfully positive and loving person who really loved his wife. He was clearly not in his right mind at the time of this tragedy due to his illness. Those who treated him at the hospital are certain that he is ready to live in the community and continue to provide him with ongoing care, support and accountability. The anonymous "former friend" who suggests that it would be honorable to kill yourself seems like more of a danger to the community to me.
If you dipheads are such fans of a killer why don't you start a fan club on facebook called FRIENDS OF TOM GERGEN! See how popular you become then. You are surely all on there with nothing better to do than reminisce and talk about nothing. The bottom line is he murdered a young woman in her prime of life, and a baby she was about to deliver. There is nothing more heinous or despicable. I remember the peace sign he tattood on the side of his head..Is that what you call caring? It's pretty ironic he even had a gun if he was such a peace loving hippie. He's a killer, and a mastermind manipulator, the text book definition of a psycho killer, no remorse, take a psych class. If this were any other state he would have been hung, or tested on like a lab rat to figure out how to locate similar psychos. And if you are so up to date on the subject and so concerned about Tom, why are you just now getting into the conversation? That's right, sit down, shut up, log off and go back to playing of facebook. This conversation is way over your little Finn Hill Junior High club's intellect. Idiots.
He said he was sorry that the illness ruined his life. He never said he was sorry for what he did and blames "the illness" he lived with every other day of his life. What makes this one day any different. He was a smart ass manipulative son of a bitch back when we all knew him and he is still literally getting away with murder.
He killed her because she was going to divorce him.
Ok I am one of the brothers of my late sister Kari. Tom knew what he was doing and set up a self alibi for himself. This was a preplanned murder to kill my sister and he really was not insane to pull this off.. The motive of this killing was Rage and Jealousy plain and simple.
Far as i am concerned that he wants to start dating again and that there is a big threat to women out there. I think Tom should have gotten the death penalty and die like a F**ken dog...
I am more pissed off out the state court system is setup and all the damn mental doctors use insanity as a f**kin scapegoat for murders.
Tom can't be retried it's called double jeopardy..
Tom if you are reading this do this as the honorable way and put closure to my family ---> commit Hara-Kiri tear open your guts like you killed my nephew and die like my sister in a painful suffering way.
to kari's brother(s) family members,and loved ones, I am terribly sorry for your loss.. i can not fathom the amount of pain you feel on a daily basis... i found this link through another article posted on a news website about a recent slaying... i just wanted to send my prayers your way, and hope you can find peace...
I was with someone who was using cocaine secretly and he had paranoid psychosis every time he was high. Thought people were after him and used weapons to "protect" himself. I thought he was going crazy until I found out it was drugs.
I wonder if the police tested this guy for drugs when he was arrested. everything I have read about the case suggests that he is a psychopath. a master manipulator. and very very good at fooling the professionals.
Hasnt ANYONE considered that the reason he has "improved" so much is because he was FAKING his mental illness? His poor wife was covering for his abuse and drug use and when she finally had enough, he killed her. Then a good defense lawyer saw that they visited a psychiatric hospital so they used that as his defense. HE isnt schziod, he is a sociopathic KILLER. Shame on the prosecution for not arguing his release.
Ok to the last comment that was Posted. I am the brother of my late sister Kari. There were no "Drugs" involved this case and Tom was tested and clean. Yes you are right he was very clever pulling this off and he needs to be put in prison for life.
Tom is now free living in Seattle and no longer with his mother. They say he is being carefully watched and our tax paying dollars spent to babysit a F**ken murderer out free.
I find this bullsh!t and outrages me to the point the court system is Fu*ked and needs to overhauled.
Double Jeopardy really sucks can't retry a so called fake insane person for murder again.
to Kari's Bro. It sucks, this comment thing doesn't help with dipshits talking about drugs and stuff. I knew Tom, I posted above. He's a fuck, sorry for your loss. Hopefully he gets a job at the zoo and a gorilla butt rapes him to death. And to the people who dont know shit, shut the fuck up because you are distorting the story. Tom never, ever used drugs, he was obsessed with his body, a perfect physical specimen and he was in full capacity and knew what he was doing. Mike Meyers is really out there and his name is Tom Gergen so be afraid.
Tom Gergen grew up on Finn Hill. He went to Finn Hill Jr. High and by the eith grade he was a full grown man with a beard. He lived in the attic of his mothers house, the place was cluttered mess with an overgrown yard and a bunch of junked cars out front. He would lift weights and jamm out to Led Zepplen, Maiden, Metallica in a closet sized room and come and go via his window to the roof over the garage as he pleased, he had free reign over Finn Hill and new the trails and shortcuts well. He seemed harmless, but when he saw the girl he loved throwing herself at another guy who treated her badly he kind of snapped, started building his body, pouring groceries down himself like every sandwich was another pound of muscle. He shaved his head into a mowhawk and tatood a piece sign in the side of his head. When everyone started driving, he chose to bike, EVERYWHERE. In the pouring rain with tons of groceries on his back he would bike 20 miles like it was nothing in full rain gear. He was the token poor kid with a lot of rich friends and his "protest" was a way to deal with not being able to afford driving or owning a car. In highschool he overcame dislexia, hung out with the drama club and learned how to act. He continued on to college and got a degree in ornathology. He is a reclusive person and also a charmer. These comments and articles don't describe him well at all, the photos of him show someone fragile and weak, he is very capable of building his body and changing his looks, he tans very easily and can grow a thick beard. To all the fathers and brothers out there, dont' let him date your daughter or sister. He has a very bad jealous streak that drives him to extreme measures.
To my uncle (yes, I know which one you are):
NEVER say that Tom should have died. While he is a threat to society, he still has something to offer, although I believe we all feel he should have remained in treatment far, FAR longer than he did. I remember the day my aunt, your sister, died. I remember how I felt: Angry, hurt, and compassionate. Yes, COMPASSIONATE. I was a child and I understood that the illness was the cause. Tom tried to keep what happened from happening, and you know it. No, I know it's no excuse, but by God, asking him to commit suicide is NOT the answer, and I am shocked and horrified that you would even suggest such a thing. We all loved him, even you. The answer is to fix the system, the system which failed our family and cost us Kari. The system is screwed up. What happened could have been prevented. That's why I'm doing what I am with my life: To fix the system and help other people, like Tom, like Kari, like Hazel (the baby was a girl, not a boy).
I must digg your article so other folks are able to see it, very useful, I had a hard time finding the results searching on the web, thanks.
- Thomas
i knew tom,and his brother,and 2 sister's,i grew up on finn hill with them.i played sports with them.went to school with them.tom and his brother,and sister's were all really good people.his sister's were smart and kind,both doing great in school,and were well liked ,and treated everyone with kindness.there were alot of have's and have not's on the hill,the gergen family was no differant than alot of us,in the respect that they were not rich,but they had charector.tom and his brother stopped or broke up many a fight,that was there nature,tom's sister's were never mean to other kids,ever.
tom went to germany with my sister as an exchange student,i liked tom,he was a very caring person.the fact that people are saying he grew up alone,was b.s.tom's older sibling's watched over him,and he was very respectful(people have called this charm)his sister's wernt push over's,and they were educated,the boy's in that house acted like gentlemen,they saw to that.
i am very sorry to hear about his wife and child's death,and i fell sorry for her family's loss.but the tom i knew,and grew up with couldnt have done this unless he was sick,period.allso i would like to add that it make's me sick the way people that say the knew him and his family flat out lie about tom and his family.this is a tragic deal all the way around,but vultures comming out of the wood work is awful.god forgive tom,let her angry( rightfully so)brother heal,and shame on all who have lied and spead filth about the gergen family.
steven c.
Steve, C. is full of crap. His family was weird. He was weird. Ya the hill was a weird place but the Gergens were the weirdest.
People who don't do their yard work and have junked cars on the lawn and live in the dark so they cant see the mess and squalor they live in are weird. Moms who allow their delinquent kids to come and go out their windows and by jumping off the roof in the middle of the night raise unruly sociopaths that commit heinous crimes like Tom did. Ps use your spellchecker, Loser!
To Kari and Tom's Niece: Thank you for your post. I remember, even when I have to look back to find Tom's and Kari's names, that the baby was going to be named Hazel. I'm so sorry for your loss. Days like today (May 30th, 2012) must be terrible. I'm sure every time another mentally ill man shoots others we all think of Kari and Tom. I didn't know him well, but I remember that he was really upset one day when he thought he might have hurt a frog he was catching during a survey. That wasn't the action of an uncaring psychopath. It was less than a year before Kari's murder. I remember meeting Kari that day, with her gorgeous hair shinning in the sun and her big happy smile. They were both happy that day.
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