A Federal Way man accused of shooting his roommate, then dismembering the body and placing the remains in trash bags inside their apartment in May 2022, was found incompetent by the court, and his case was dismissed.

On Jan. 8, Judge Johanna Bender found Nicholas Van Cleave, 47, incompetent, and his case was dismissed based on medical reports. In May 2022, Van Cleave was accused of killing Richard Lavietes, then dismembering his body at their Federal Way apartment.

According to Department of Social and Health Services competency evaluation from court documents, Van Cleave has a psychotic disorder due to multiple sclerosis with delusions and a mild neurocognitive disorder due to an unknown cause.

Documents state that Van Cleave lacked the current capacity to understand the nature of the proceedings against him. Van Cleave’s ability to assist in his defense, the physician stated in court documents, was limited.

Documents state that given Van Cleave’s tendency to interject irrelevant content or explain himself ineffectively, it is believed that he would be unable to offer meaningful testimony on his own behalf, and that he has an impairment in his cognitive functioning. Additionally, there is significant concern that a trial would pose significant stress, which would trigger a relapse in multiple sclerosis.

Regarding his dangerousness, he is estimated to pose an elevated risk of future reoffending and dangerous behavior, documents state.

According to King County Prosecuting Attorney’s Office spokesperson Casey McNerthney, when someone is found incompetent to stand trial, they are committed to a facility like Western State Hospital. Additionally, if a long-term civil commitment is appropriate, Western State or a similar facility would file a petition.

The incident

Prosecutors say Van Cleave allegedly shot his 41-year-old roommate — identified as Lavietes — five times in the back of the head sometime between May 1-2, 2022.

“After murdering the victim, the defendant then took the extensive and extreme steps to hide the crime including dismembering the victim’s body, concealing the remains in multiple places throughout the home, and then concocting an elaborate story to cover up his act of murder when contacted by police,” wrote Senior Deputy Prosecuting Attorney Aubony G. Burns in the charging documents.

At about 9 a.m. May 2, a friend and co-worker of Lavietes called police to conduct a welfare check on him after he did not show up for work. The friend said she was concerned for Lavietes and feared Van Cleave may have harmed him because Lavietes took away his gun, documents state.

Officers went to the apartment near the 1300 block of SW Campus Drive and there was no answer at the door. Police were unable to find Lavietes’ vehicle. Later, police found it in the apartment unit’s garage.

A few hours later, a family member requested another welfare check for Lavietes, who said they were concerned Van Cleave was mentally unstable, documents state.

Around 2:53 p.m., a Federal Way officer met with Lavietes’ family members outside of the apartment. Family members told police they last heard from Lavietes on May 1 when he “abruptly stopped responding in the middle of their conversation” when texting, according to charging papers.

When family members went to open the apartment door, Van Cleave allegedly opened the door and said it would not be a good idea to come in.

After a family member asked to check on Lavietes’ cat, Van Cleave allowed them inside. He allegedly told them Lavietes went camping two days ago and left his vehicle and cellphone behind.

Van Cleave appeared to be blocking access to the upstairs by stopping at the bottom of the stairs, documents stated. He allegedly told the family and officer again that it isn’t a good idea to go upstairs.

The officer and Van Cleave went outside while Van Cleave smoked a cigarette and the officer removed a folding knife from him, according to documents. Van Cleave allegedly told the officer he had an unloaded gun upstairs on a bed.

When family members checked upstairs, they found two large trash bags with blood on and near them in Lavietes’ master bathroom, documents state. One bag appeared to hold flesh and bone, and was heavy when picked up.

A witness told police she saw Van Cleave go to his vehicle, parked around the corner from their apartments, several times on the afternoon of May 1.

Another witness told police they heard repeated banging noises throughout the early morning hours of May 2, documents state.

Lavietes’ friend told police that Van Cleave came home with a gun last week and Lavietes was unhappy, took the gun away and told Van Cleave he could not stay at the apartment anymore.

Shortly before the incident on March 31, 2022, officers received reports of a man — later identified as Van Cleave — hiding in the bushes near the apartment and was allegedly in possession of a 9mm pistol, according to documents. He reportedly told police he believed people were looking for him. Officers allowed Van Cleave to leave with the firearm after the incident; he is the registered owner of the gun.

After obtaining a search warrant on May 2, detectives found dismembered body parts of a man in the apartment’s closet and in trash bags in Lavietes’ bathroom, documents state. The King County Medical Examiner’s Office later identified the remains as belonging to Lavietes.

In one bedroom, detectives reportedly found a pistol, a large kitchen knife, Lavietes’ cellphone, a machete and bloody socks. Most of the items had blood on them. In Lavietes’ bedroom, detectives reportedly found the hatchet covered in blood and hidden under a pillow. Bullet fragments and blood evidence were also found in the downstairs living room.

There were apparent blood-stain drag marks on the floor from the living room to the utility closet in the hallway, documents state. Detectives found additional concealed body parts, blood evidence, and fired bullets in the closet.

Medical examiners said Lavietes’ bones appeared “fractured and cut” and he had been shot five times in the head. Examiners said Lavietes was alive when he was shot in the back of his head, he had no defensive wounds and was dismembered once killed, according to charging documents.

During an interview with police, Van Cleave allegedly said he did not know where Lavietes was or what happened to him, noting he thought Lavietes went camping, had been picked up by friends, and left his cellphone and vehicle behind.

Competency

In documents, Van Cleave on multiple occasions said that he did not have any mental illness and he was competent, but he also would on other occasions acknowledge that he had a mental illness. Additionally, in his evaluation, Van Cleave spoke on multiple occasions about his desire to be released from custody and return to living his life. In his final competency review, the physician noted that these thoughts did not seem to be mere wishful thinking or a coping mechanism, but instead stemmed from a true lack of insight, which may be secondary to his mental illness or his medical condition.

At the time he was found incompetent and his case was dismissed, Van Cleave had completed his final restoration period, during which it is seen whether, through treatment, the person can become competent to stand trial. Individuals found incompetent by a physician can have up to three restoration periods.

Previous Federal Way Mirror reporting was used in this story.