FRIDAY, AUGUST 5, 2016
THE BAKER COUNTY PRESS — 5
Local
Meeting held about mining Robert Witter
Sumpter Dredge tailings sentenced
to 83 years
for child sex
crimes
BY MEGHAN ANDERSCH
Meghan@TheBakerCountyPress.com
Baker County Commis-
sioners Bill Harvey, Mark
Bennett, and Tim Kerns
held a meeting Wednesday
evening, July 27th at the
Sumpter Schoolhouse to
hear public comments on
mining the dredge tailings.
Harvey mentioned sev-
eral times throughout the
meeting that this was a pre-
liminary discussion only.
Nothing has been decided;
the Commissioners are
trying to gather feedback
and gauge possible com-
munity interest. He stated
the impetus for holding the
meeting was two inquires
received by the Com-
missioners from private
companies that would like
to mine in County-owned
dredge tailings.
Later on, Bennett said
the opening meeting was
scheduled for Sumpter
because he distinctly re-
membered LeAnne Woolf
pointing out on a previous
issue that decisions were
being made without input
from Sumpter.
Mike Montagne asked
about feasibility studies.
Harvey stated there are
none completed at this
time; they want to see if
there is enough interest in
the community to move
forward. Before proceed-
ing far, a Request For
Proposals (RFP) would be
needed, which will cost
some money.
Rella Brown asked what
the estimated timeline
would be, if the commu-
nity were in favor.
Bennett responded, if
area communities support
the idea, creating an RFP
will require someone who
is schooled in developing
these proposals and can ad-
dress matters such as envi-
ronmental protections and
county/community share
of profits. He estimated a
probable minimum of 6-8
months for this step. Then,
if a company was selected,
they would apply to the
County for a conditional
use permit. The Planning
Commission, environmen-
tal agencies, etc. set the
required parameters.
Harvey noted that the
Planning Commission
would accept community
testimony at the appropri-
ate time. A selected entity
would make a proposal
testifying to what their
plan is, how they will carry
it out, and what agreements
have been set up with other
agencies. At that time, the
Commission would accept
written and oral testimony
from the public as well.
Montagne asked what
revenue for the County
would be and how it would
be used. Harvey stated the
amount would be negotiat-
ed. On a previous project,
the County received 5-8%.
The money would go to
the Parks Department for
improvements.
Robert Armbruster asked
about private lands. Ben-
nett responded that it is
up to landowners whose
lands have tailings on them
as to what they want to
do, depending on zoning
requirements.
Bob Mason stated the
tailings have value beyond
digging them up again,
including being a great
area for duck hunting. Ma-
son said he has lived here
over 20 years. The first
Meghan Andersch / The Baker County Press
Commissioner Mark Bennett (left) explaining there are many steps to this pro-
cess, which is only in the informal discussion phase.
time he walked through
the tailings, he thought
they looked horrible, but
since believes the area has
healed itself quite nicely.
Mason continued that
Phillips Lake and the
tailings and ponds are im-
portant places for migrat-
ing birds. He stated that
this area is in their “flight
plans” between the Mal-
heur Refuge and the Snake
River and would hope the
County would take that
into consideration.
Brown asked what is the
purpose of going back
through the tailings.
Harvey stated it would be
to recover gold and restore
the area to the natural
terrain as before. He said
as explained to him, this
would involve digging
down, getting the gold,
putting the sediment and
rocks back, and placing a
layer over the top, working
as they go.
Lorrie Harvey said she
hiked through the area with
US Fish and Wildlife a few
years ago when she was
Parks Director. They had
discussed diverting the riv-
er a bit to create fish pools.
She suggested recognizing
the value of fishponds and
birding might be a good
way to capture economic
tourism and mentioned
the extensive trail system
through the tailings.
Lynn Bean stated there is
an elk herd in the tailings
enjoyed by residents. She
also said the tailings are
historical and “to take
them down and start over, I
think takes away from our
area.”
Greg Lucas said his
family came here in 1867,
before mining was taking
place and this was one of
most beautiful valleys,
untouched, with grass,
trees, and wildlife. He
agreed the tailings are part
of Oregon’s early history,
but also stated the area has
tailings from Bourne, and
there would be a portion
down the valley that would
not be touched and would
still be an attraction. He
said the portion that would
be mined is hard to get
around in and not many
people access the area. He
said if the area were turned
back to what it was histori-
cally, it would give an idea
of what it was like when
the miners first came.
Montagne stated he’s
been here 25 years and
the old timers regularly
remarked on how the rocks
have settled. He said the
land is returning to its
natural state and that most
residents moved here for
peace and quiet, not to be
in the middle of a rock
quarry.
Joan Fergus said the noise
and construction would
affect property values
and wildlife for quite a
distance. She stated local
businesses depend on
hunters coming in during
the season, and loss of that
income would be devastat-
ing.
Randy Joseph said he
has been on the Planning
Commission for about 15
years and during that time
there have been four min-
ing operations that have
been granted conditional
use permits. He said this
project is different. There
is no topsoil and restora-
tion to turn the area back
into a fertile valley is
farfetched. He referenced
lore of the Powder River
running black during the
years of dredging.
Joseph lives on the south
shore of Phillips and for
20 years has watched trees
and vegetation come back
to the area. He is con-
cerned about the process
to level the valley being
destructive.
He also stated a Canadian
company came through in
the 80s and tested the area
extensively. They said
there was not enough gold
to deal with. He asked, if
this is such a viable option,
why is no one working on
private lands. He stated
that to expend money at
this stage would be foolish
for the County.
Harvey responded that
one company did work on
private ground and thinks
the project would be vi-
able.
Dan Warnock stated it
had been thought that all
the topsoil was washed
away, but that there is
actually “a heck of a lot”
left underneath the tail-
ings. He pointed to the
recent rock recovery off of
Highway 7 and said they
sifted the topsoil out of the
ground-up rock and there
are piles and piles of it. He
said there’s not as much as
there was, but it’s enough
to grow grass.
Larry MacFarland stated
he is one who is interested
in mining. He would use
a hydraulic water sys-
tem. Mined material runs
through a trommel, which
separates out the gold, and
separates other material
into five different catego-
ries. The heaviest mate-
rial is deposited back into
the ground first, with the
lightest on top. The miners
create a water channel first
to ensure the ground holds
the water.
The noise level is almost
zero, because the work is
going on 4-5 feet under-
ground. The apparatus
also has replaceable rubber
liners for a buffer. Mac-
Farland stated the town
won’t even hear the opera-
tion.
He said he has walked
the area several times and
agrees that there is a ton of
topsoil. He would work
with Simplot to develop
the area back into good
usable ground. He also
stated he would not be in
this to get rich and would
expect to give the commu-
nity a fair share of revenue.
Bennett said that the
water issue is delicate, with
recent state laws restrict-
ing mining from streams.
If the Waters of US rule
passes, this will be an
entirely moot discussion.
Even if not, the work of
getting through the EPA,
USFW and myriad of other
agencies will be almost
equal to the work of the
mining operation itself and
must be done before the
county can even accept a
proposal.
Woolf referenced the
70s when the railroad was
building its infrastructure.
To build a hole, they had to
make it 10 times as wide as
deep, due to rocks rolling.
She said there is a lot more
water running under rocks
than in the actual river
channel and “there are
many uncertainties in that
particular environment.”
Joyce Hunsaker said that
historically, mining used
arsenic and mercury which
are still in the topsoil,
sediment, and down below.
She is concerned about
disturbing metals that are
currently benign.
MacFarland explained
mining today includes a
process for reclaiming
mercury. He said arsenic
naturally occurs many
places. It’s not something
that miners introduced, but
stirred up.
Hunsaker said that is her
concern, as the DEQ says
arsenic in the area is found
at levels that far exceed
ecological risk.
Montagne said their well
water is on the edge of
what’s permitted to con-
sume and a little increase
would not be tolerable.
MacFarland commented
that there is a huge arsenic
problem in Nevada and the
mining has just about ru-
ined all the water for miles
and miles. The US Mining
Commission is working on
helping with clean up, and
he would check into what
they are doing. He said he
wants everyone to be able
to drink the water.
MacFarland stated he
wants to mine in a respect-
able, transparent way, and
if he does get the project,
“I’ll give everyone in the
County my number.”
Montagne said when the
government is involved,
he is skeptical of restora-
tion projects. He is tired of
government making wrong
decisions.
SEE SUMPTER TAILINGS
PAGE 7
On July 29, 2016, Baker
County Circuit Court
Judge Greg Baxter found
Robert Lee Witter (dob
4-10-1935 ) of 205 E.
Adams St. Huntington,
Oregon, guilty of two
counts of Using a Child
in Display of Sexually
Explicit Conduct, two
counts of Encouraging
Child Sexual Abuse in
the Second Degree, two
counts of Rape in the First
Photo Couresy of the
Degree, two counts of Un-
Baker County Sheriff’s Office
lawful Sexual Penetration
Robert Lee Witter.
in the First Degree, three
counts of Sexual Abuse in
the First Degree, two counts
of Luring a Minor, one count of Private Indecency and
one count of Felon in Possession of a Firearm.
Baxter’s verdict was returned following a two-day trial
in Baker County Circuit Court. That state was represent-
ed by District Attorney Matt Shirtcliff and the Defendant
was represented by Baker attorney Bob Moon.
On August 3, 2016, Witter was sentenced to 1,004
months (83) years in prison. Witter was convicted of 15
counts including two counts of Using a Child in Display
of Sexually Explicit Conduct, two counts of Encouraging
Child Sexual Abuse in the Second Degree, two counts of
Rape in the First Degree, two counts of Unlawful Sexual
Penetration in the First Degree, three counts of Sexual
Abuse in the First Degree, two counts of Luring a Minor,
one count of Private Indecency and one count of Felon
in Possession of a Firearm. The verdict followed a two
day trial in Baker County Circuit Court which concluded
on July 29, 2016. The state was represented by District
Attorney Matt Shirtcliff and Witter was represented by
Baker City Attorney Bob Moon.
“The Baker County Sheriff’s Office did a great job
investigating the case. Sheriff Travis Ash and Lieutenant
Joey Jayo did a great job of leading the investigation and
all of the deputies were involved in some manner in the
case from investigating the case to assisting in preparing
the case for trial,” said District Attorney Matt Shirtcliff.
Witter received 75 months in prison on the Sexual
Abuse in the First Degree count involving one of the vic-
tims from Huntington who was 13 years old at the time
of the crime last November. For the crimes involving
another 8 year old child victim, Witter also received 70
months in prison for Using a Child in Display of Sexually
Explicit Conduct. That crime was based on Witter video
recording the victim in sexually explicit conduct. The
Judge found that one count of Rape in the First Degree
merged with another count. The single count of Rape in
the First degree carried 300 months pursuant to Jessica’s
law. Witter also received 300 more months pursuant to
Jessica’s law for Unlawful Sexual Penetration involving
the same victim.
Both of these sentences were 25-year sentences under
Jessica’s law which carries a mandatory 300 month (25)
year sentence for Rape or Unlawful Penetration if the
child is under the age of 12. Witter was also sentenced to
an additional Unlawful Sexual Penetration count which
carried an additional 100 months due to the child being
physically helpless at the time of the crime, and may have
been drugged.
Witter received an additional 75 months in prison for
Sexual Abuse in the First Degree involving that same
8 year old victim and that crime was based on using an
animal in the sexual offense. Witter received an addi-
tional 70 months for Using a Child in Display of Sexually
Explicit Conduct involving a third victim who as 11 years
old at the time of the crime. That crime involved Witter
photographing the victim in sexually explicit conduct.
Witter was also convicted of Felon in Possession of a
Firearm and was sentenced to 14 months in prison on that
count. All of these counts ran consecutive for a total of
1,004 months.
Witter was also convicted of another count of Sexual
Abuse in the First Degree involving the 8 year old victim,
and was sentenced to 70 months in prison and that count
ran concurrent to the other counts due to Oregon sentenc-
ing law. Witter also received 14 month sentences on two
counts of Luring a Minor and those counts also were
required to run concurrent to other counts under Oregon
Law. The Luring counts were based on showing two
of the older victims’ pornography. Two other 10 month
sentences for Encouraging Child Sexual Abuse in the
Second Degree ran concurrent as well. Those two counts
were based on Witter possessing photographs and tapes
of the victims in sexually explicit conduct. He was also
sentenced to one year in jail concurrent to other counts
for Private Indecency for exposing himself to a victim
which is a Class A misdemeanor.
“The victims and their mothers were extremely happy
with the sentence. We wanted a sentence that not only
guaranteed a life sentence for Witter but that repre-
sented the gravity of the crimes he committed and the
fact that he had already been convicted and spent time
in prison for a previous sexual offense,” said Shirtcliff.
“This lengthy sentence was justified as this was the most
graphic and heinous child sex crime I have prosecuted in
my career.”