FRIDAY, JULY 14, 2017
THE BAKER COUNTY PRESS — 5
Local
Addison v. City, Police Chief: Burn ban
Defense files appeal on ruling enacted
BY KERRY McQUISTEN
News@TheBakerCountyPress.com
On Thursday, July 6,
Baker City Police Chief
Wyn Lohner initiated a
new step in a now very
lengthy legal process,
which began in October
of 2015 by reporter Brian
Addison against the City of
Baker City, Lohner, and up
to 10 unnamed “Doe” of-
ficers from the Baker City
Police Department.
Lohner’s attorney, Robert
Franz Jr., filed an appeal
to the United States Court
of Appeals for the Ninth
Circuit regarding the denial
of qualified immunity from
being sued in the Order
that resulted from a June
21 summary judgment
hearing. The filing fee of
$505 was paid.
As reported last week,
that hearing was held in
Portland in U.S. District
Court with Michael H.
Simon, District Judge,
presiding in an attempt by
plaintiff and defendants to
eliminate part or all of the
other side’s case.
Addison’s suit was filed
in U.S. District Court,
Pendleton Division.
His claims go back to an
opinion piece critical of
police, which he penned
for The Record-Courier in
2008.
He claims that this article
triggered a years-long
effort by Lohner and his
officers to retaliate against
him in the community, cul-
minating in employment
termination and lack of
ability to work for various
employers.
Lohner has consistently
denied the allegations.
On June 29, Judge Simon
ruled on the summary
judgement hearing.
The defendants’ motion
for summary judgment was
granted in part and denied
in part, and as a result,
Addison’s federal claims
that allege violations of
procedural and substantive
due process were tossed.
However, the bulk of
Addison’s claims, includ-
ing economic interference,
defamation of character,
and retaliation remain in
the suit per the Order.
Lohner remains a
defendant only in his
professional capacity as an
employee of the City, ac-
cording to the judge, not in
his personal capacity, also
per the Order.
Addison’s motion for
partial summary judgment
was fully granted in that
several of the defendants’
defenses will not be al-
lowed in trial. Many addi-
tional defenses still remain;
however, the defense of
qualified immunity was not
among them.
Franz argued that Lohner
is protected under the doc-
trine of qualified immunity,
the purpose of which is
balancing “the need to hold
public officials accountable
Due to the current dry conditions and high tempera-
tures expected to continue throughout the extended fore-
cast, all burning within the city limits of Baker City was
hereby banned effective last Friday, July 7, at noon.
The burn ban will remain in effect until reevaluated
later in the fall when the area has received enough mois-
ture for fuel recovery.
The use of barbecues is still allowed, but all open burn-
ing or use of burn barrels is closed.
The Baker City Fire Department urges all residents
to be extra vigilant with any type of ignition sources as
temperatures are forecast to remain high with very low
humidity into the extended forecast.
Submitted Photo.
Kerry McQuisten / The Baker County Press
Reporter Brian Addison.
Baker City Police Chief
Wyn Lohner.
when they exercise power
irresponsibly and the need
to shield officials from ha-
rassment, distraction, and
liability when they perform
their duties reasonably.”
The defense argues that
in performing his duties
reasonably, Lohner should
be immune from the suit.
Judge Simon disagreed,
thus the defense’s appeal.
Addison seeks an
unspecified amount for
“economic/compensatory
and noneconomic/ special
damages, including: loss of
income and past and future
impairment of earning ca-
pacity; injury to reputation,
economically verifiable
and otherwise; expenses
related to having to relo-
cate out of Baker City for
fear of further retaliation;
and emotional distress.”
He is also seeking “rea-
sonable attorneys fees” and
“punitive damages” to be
determined at trial.
Barring early negotia-
tions, a settlement, or the
suit being dropped, the
suit would have continued
to trial in the first half of
2018—had the appeal not
been filed.
According to the United
States Court of Appeals for
the Ninth Circuit, with the
filing of Lohner’s appeal,
any prospect of a trial
would now be bumped to a
more distant future.
For a civil appeal, it
could take approximately
12-20 months from the
notice of appeal date (July
6) for an oral argument to
even occur. If briefing isn’t
delayed, the process moves
faster at approximately
9-12 months from comple-
tion of briefing.
After the oral argument,
the Appeals Court has no
set timeframe in which it
must deliver its answer, but
three months to one year
later is typical.
Bodies found in motels
CONTINUED FROM
PAGE 1
“All of his stuff was in
that room,” said Lohner
who quickly realized this
was no ordinary simple
death investigation.
Staff at the Oregon Trail
Motel told Lohner the
man had been living at the
motel for some time and
according to Lohner had a
lot of personal property.
Most of that personal
property turned out to be
paperwork from through-
out his lifetime.
Chief Wyn Lohner said,
“As we investigate, we try
to find who the person is
and through the course of
the death investigation we
remove items that appear
to have any value for safe
keeping or might aid us in
our investigation.
“We also needed to know
who was the next of kin
that we can contact to let
know that this person is
deceased.
“That is why we seized
a lot of what was there
and brought it back to
go through it and try to
confirm the ID and for safe
keeping so that we don’t
leave something of value
in the room, just to protect
it for the family.”
Among items found was
a 1962 Baker High School
Diploma belonging to the
deceased who was eventu-
ally identified as John
MacKinnon, 73.
Also among papers
found in the room were
bank statements list-
ing a brother, but after
contacting MacKinnon’s
sister-in-law it was found
that MacKinnon’s brother
had passed away the year
before.
Detective Lohner also
found evidence of an af-
filiation with the Elks but
after checking with the
local chapter no recent
activity was found.
Once Detective Lohner
was able to confirm who
the man was, he began dig-
ging even deeper into the
mystery of just who John
MacKinnon was.
A divorcee with no
children and few friends,
Detective Lohner began
uncovering interesting
facts about the deceased.
He uncovered military
letters of commendation.
After graduating in 1962,
MacKinnon served his
country in the Navy during
the Vietnam war.
Those letters of com-
mendation were from
Asian commanders com-
mending MacKinnon for
attacks in which he’d been
part.
Upon further investiga-
tion, Detective Lohner
discovered after retiring
from the military where he
had held the ranks of Cap-
tain and briefly as a Major,
MacKinnon returned state-
side and joined the Clark
County, Nevada Coroner’s
Office.
Detective Lohner found
identification showing
MacKinnon had worked as
both a coroner’s assistant
and a special investigator.
In 1980 when the MGM
Grand Hotel and Casino
caught fire in Las Vegas,
killing 85 people and de-
stroying much of the build-
ing, MacKinnon was part
of the team that worked the
grisly scene.
Detective Lohner was
able to speak with MacK-
innon’s ex-wife who cited
substance abuse and an-
guish caused by the MGM
Grand tragedy as the
reason for their divorce.
Detective Lohner said,
“He saw a lot of stuff that
people don’t need to be
seeing.”
Sometime later, MacK-
innon was hurt on the job
suffering a severe neck
injury.
Several surgeries fol-
lowed and MacKinnon
eventually retired on a
disability.
Detective Lohner stated,
“After he divorced and
retired he kinda went on
the road as a recluse.”
Chief Lohner added that
there were two contacts
found with the Baker City
Police Department.
He said, “One on July
20, 2017, that still showed
a Las Vegas address for a
traffic stop and the next
contact was when he was
reported deceased in June.
“It is assumed that
MacKinnon had been back
in Baker City for several
years primarily staying at
the Oregon Trail Motel.”
He continued, “What
struck a chord with all of
us is, you know, police of-
ficers see a lot of the same
things, but the cumulative
stress in his life had taken
a toll and to look at here’s
a Baker High graduate
that went off had a very
successful military career,
went from there into a very
successful professional
career.
“Then that stress of hav-
ing to investigate all those
deaths in that fire, kind of
pushed him over the top.
“He’d given so much to
the nation in service and so
much to his communities
working in the Coroner’s
office.
“Sad to ultimately end up
deceased in a motel room
in the City that he gradu-
ated from.
“It’s tragic, in my
opinion. By all indica-
tions MacKinnon lived an
exemplary life with his
service to his Country and
community in Nevada.
“He represented his alma
mater very well through-
out his life. Then to die a
lonely death like that—it’s
just tragic.”
No autopsy was per-
formed, Detective and
Chief Lohner explained
that rarely are autopsies
performed especially if
there are no signs of foul
play and indicators as
to the cause of death are
present.
There were no signs of
foul play in MacKinnon’s
death.
“You can pretty much
tell,” Detective Lohner
said.
Chief Lohner stated,
“He had a lot of disabili-
ties from the injury he’d
sustained.
“He was also an alcohol-
ic from what we were able
to determine so between
the alcoholism and the
physical injuries— his
body just stopped.”
According to Chief
Lohner the case is still
unresolved because there
were no clear heirs to any-
thing that was his.
Family members are
having to file through the
Court and try to establish
a right as an heir to any
possessions.
A second death was
reported in a Baker City
motel on July 2.
A woman with a history
of depression, as well as
other medical and mental
health issues committed
suicide at the El Dorado
Motel on Campbell Street.
Fire on Cedar
Street
On July 4th at 10:46 p.m., Baker City Fire dispatched to
a fire at 4000 Cedar, and arrived to find a vegetation fire
in the arborvitae outside Meadowbrook. Residents were
temporarily evacuated. There were no injuries, but ap-
proximately $5,000 in damage was done to property.
Units extinguished the fire, checked for possible exten-
sion of the structure near the scorched and melted plastic
siding.
Crews also noted possible damage to a power trans-
former.
OTEC assisted and determined no damage to compo-
nents within the enclosure.
Expended fireworks were discovered in the area of the
fire.
Investigation of the fireworks transferred to Baker
Police Department.
Another fire on
Chestnut Street
At 12:21 p.m. on July 6, 2017, the Baker City Fire
Department was dispatched to a report of home on fire at
1990 Chestnut Street.
Units arrived and found an exterior fire at the rear of
the structure that had extended up into the attic space of
the home.
The fire was brought under control in approximately 25
minutes.
Crews were assisted by personnel from the Baker Rural
Fire Protection District. Crews spent the next hour and
half extinguishing hotspots within the attic space and wall
of the structure.
The fire was determined to have started from smok-
ing materials left in a planter at the rear of the home that
ignited patio furniture and extended up the rear wall into
the attic.
The property was valued at $150,000, with $25,000 lost
to the fire. $20,000 in contents out of the $50,000 worth
on contents inside were lost. Three adults, an infant and
some pets were displaced.
Motorcycle Rally
CONTINUED FROM PAGE 1
1:44 a.m. – Officers found a male subject passed out be-
hind the wheel of his pickup in the 2100 block of Resort.
Officers and Baker City Fire Department personnel woke
the male up and called a taxi to bring him to a residence.
9:08 a.m. – Officers responded to a disturbance on
Resort and Broadway. No arrests made
10:55 p.m. – Disturbance (male v. female)
Officer responded to the Baker Towers on a reported
disturbance after the two involved returned home from
the VFW. Upon investigation, it did not rise to mandatory
arrest criteria and parties were separated.
July 8, 2017 - 13 traffic stop with 6 citations issued, 7
warnings issued
July 8, 2017 – 1 motor vehicle crash 1 citation issued
July 9, 2017
12:09 a.m. – Reported DUII motorcycle rider leaving
the VFW. Officers were unable to locate the vehicle when
they arrived.
12:12 a.m. – Sergeant Chastain assisted the Oregon
State Police on a DUII crash involving injuries on I84
near milepost 301. Two persons transported to the hospi-
tal for evaluation and one arrested for DUII and possibly
assault. Not related to the Rally.
12:25 a.m. – Officers assisted a highly intoxicated male
from Resort and Washington to his hotel room at the
Bridge Street Inn.
12:40 a.m. - Officers assisted a highly intoxicated male
from Church and 1st Street to his residence in town.
12:43 a.m. – Officers contacted an irate individual
behind Lefty’s Tap House. Male subject was upset the
bar was closed and was beating on a can causing a noise
disturbance. No arrest made.
2:50 a.m. – Driving Under the Influence of Intoxicants
Mr. Fnu Farham DOB: 03/15/1991 (314 Hillcrest Place,
was arrested for DUII and three counts of Recklessly En-
dangering another Person after he left the Maverik park-
ing lot at a high rate of speed. Farham was transported
to the Baker County Jail where he rendered an adequate
breath sample with a BAC of 0.15%. Farham reported he
drank his alcoholic beverages while at the Sunset Lounge.
July 9, 2017 – 4 traffic stops, 1 citation, 3 warnings