Birch Bay man admitted to psychiatric care 7 months after threatening resort staff

A Birch Bay man who was arrested last May for threatening Semiahmoo Resort staff has been admitted to Western State Hospital. 

Kyle Warner Fosberg, 35, had his felony harassment, fourth-degree assault and third-degree malicious mischief charges dismissed in Whatcom County Superior Court December 22, 2022, as the court ordered a civil commitment evaluation at the state psychiatric hospital, according to court documents. Fosberg was committed to 120 hours for evaluation and was expected to be transported to Western State Hospital in Lakewood January 30.

On May 4, 2022, a Semiahmoo Resort staff member reported to Blaine Police Department (BPD) that a man was calling the resort repeatedly and threatening to murder staff, according to the affidavit for probable cause (APC). The caller was identified as Fosberg.

The responding BPD officer met with a manager who escorted the officer to the spa area to speak with the woman who made the initial report. She said she took a call from Fosberg during her workday and attempted to attend to his customer service needs. Fosberg allegedly used a racial slur toward her, and the woman asked him not to use the highly offensive slur. 

Fosberg allegedly said the slur again and told the woman he was going to kill her and her mother the next day. She provided a recording of the phone call. Fosberg allegedly called 30 times that day and called some employees names and used derogatory terms.

The woman told the officer the doors to the resort had been locked out of fear that Fosberg could harm staff. Fosberg lived in Birch Bay and was a resort member, according to the APC.

BPD officers arrested Fosberg before midnight May 4, 2022. He was released from Whatcom County Jail on May 5, 2022, according to jail records.

In August 2012, Fosberg was convicted of harassment, resisting arrest and third-degree malicious mischief after threatening to assault a woman and her family. He was sentenced to 364 days in Whatcom County Jail. According to the judgment and sentence, Fosberg had 334 days suspended and was given credit for time served after receiving 90-day involuntary inpatient mental health treatment.

He was also convicted for solicitation to unlawfully possess a controlled substance in 2007, which was served through 200 hours of community service.