The attorney representing Randy Warren Kahn, the Baker City man accused of hitting a U.S. Postal Service letter carrier in the forehead with the stock of a BB gun on Dec. 14, 2024, in Baker City, contends that federal prosecutors violated Kahn’s rights because they have yet to send him to a federal medical facility for mental health treatment.

Kahn’s attorney, Megha Desai, a federal public defender, on March 31 filed a notice that Kahn “intends to rely on the defense of insanity at the time of trial in this matter, and will be presenting expert testimony on that issue.”

Kahn, 49, is charged with assault on a federal employee using a dangerous weapon.

On March 4 a federal judge committed Kahn to federal custody for “treatment in a suitable facility for a reasonable period of time, not to exceed four months.”

The purpose of the treatment, according to the judge’s order, is to determine whether “there is a substantial probability that in the foreseeable future” that Kahn will be capable of assisting in his defense.

On Feb. 5 a judge found “by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.”

Kahn was initially charged with first-degree assault, a Class A felony, in Baker County District Court, but the case was moved to federal court.

In early May, Kahn’s attorney, Desai, filed a motion asking that a judge either order prosecutors to have Kahn taken within seven days to a medical facility or dismiss the criminal charge.

Prosecutors responded to that motion on May 13, writing that Kahn was scheduled to be taken from the detention center where he has been incarcerated to a federal medical facility in Springfield, Missouri, the week of June 17.

That’s where Kahn will be evaluated by doctors to determine his mental fitness.

Desai responded to the prosecutors’ response on May 16, continuing to argue that the government was obligated to transfer Kahn to the medical facility within seven days.

A judge denied Desai’s request.

According to a motion filed by prosecutors May 2, Kahn’s mental evaluation will take no more than 45 days, “unless a reasonable extension is sought by the director of the facility for good cause shown.”

A judge approved that motion.

The incident

Kahn is accused of attacking letter carrier Junya Uemura while Uemura was delivering three packages to Kahn.

Sgt. Wayne Chastain of the Baker City Police Department said Kahn confronted Uemura in Kahn’s front yard.

Kahn then allegedly hit Uemura with the stock of a BB gun. Uemura was taken by ambulance to the hospital, Chastain said.

According to a probable cause affidavit written by Baker City Police officer Mark Powell, Uemura suffered a cut on his forehead that required seven stiches, as well as a broken nose and fractured veterbra in his neck.

Chastain said it’s not clear what led to the incident.

Baxter said Baker City Police have had multiple contacts with Kahn this year due to potential “mental health” issues.

According to Powell’s affidavit, Kahn “has been the subject of nine mental health calls in the year of 2024.”

According to Powell’s affidavit, a neighbor told him he saw Kahn fire a shot from the BB gun, and then watched the Uemura deliver three packages and ask Kahn why he had fired the gun.

The witness said “the mailman backed away from Randy with his hands in the air and he made a statement to Randy saying something like he was not trying to get in the middle of anything.”

The witness said he saw Kahn swing the gun in the manner of a baseball bat and hit Uemura once in the head with the gun’s stock.

Powell wrote that another neighbor, who didn’t see Kahn hit Uemura, did see Kahn grab Uemura’s arm, pull Uemura into a sitting position, kick Uemura and tell him to “get up.”