A Washington man suspected of breaking into and vandalizing the state Capitol is undergoing a mental health evaluation, an attorney confirmed Oct. 10.

Authorities initially arrested Gunnar McLean Schubert, 29, on suspicion of first-degree burglary, first-degree arson, and first-degree malicious mischief. But prosecutors on Oct. 8 charged him with only second-degree burglary, a felony, and third-degree malicious mischief, a gross misdemeanor. Schubert is a native of Auburn whose last known address was in Federal Way, according to the Thurston County Prosecutor’s Office.

To be convicted of both charges, the prosecution would need to prove that Schubert entered or remained unlawfully in a building with the intent to commit a crime inside, and that he damaged less than $750-worth of property

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