Page 7
Illinois Valley News, Cave Junction, Ore. Wednesday, April 15, 2009
Waddell found guilty on all counts in murder of Tom Green
By SCOTT JORGENSEN
IVN Staff Writer
A 12-person jury found
20-year-old Timothy Waddell
of Illinois Valley “guilty” in
the Dec. 10, 2007 murder of
Tom Green, former Cave
Junction mayor and city coun-
cilor.
The jury’s unanimous
verdict, announced Monday,
April 13, came after three
days of deliberations.
Closing arguments were
made on the morning of
Thursday, April 9. Michael
Caso, Josephine County dep-
uty district attorney, began by
putting on a PowerPoint pres-
entation for jurors.
“This was a cold, calcu-
lating killing of Tom Green,”
Caso said.
A photo of Green, who
was found lying on the street
in front of his Cave Junction
home with the rear of his head
damaged, presided over the
courtroom as Caso described
how Green took in Waddell
and raised him as one of his
2007. Then came
an attack on Dec.
10.
“He admitted that
he intentionally
attacked
Tom
Green,” Caso said.
He described how
on Dec. 11,
Waddell attempted
to assault Jose-
phine
County
Sheriff’s Office
Deputy
John
Holder at the
county jail in
G r ant s
Pass.
Waddell
was
charged
with
third-degree as-
sault and at-
tempted assault on
Timothy Waddell is led from the court-
a peace officer
because of that.
room after the verdict was announced.
He was found
own. Green operated an unof-
guilty on all charges.
ficial refuge for youth, known
The central issue of the
as “Tom’s Home.”
trial was whether Waddell’s
The proscutor described
actions were intentional, Caso
how Waddell admitted to
said. He instructed jurors to
punching the 70-year-old
consider Waddell’s previous
Green three times on Dec. 6,
statements, testimony and
deliberate actions to make that
determination.
“He knew exactly what
he was doing,” Caso said.
He said that the defense’s
portrayal of Waddell’s actions
as being caused by meth-
induced psychosis was not
grounds for acquittal. He said
that methamphetamine, psy-
chosis and meth psychosis do
not stop people from acting
intentionally.
“The evidence in this case
is clear,” Caso said.
In his closing arguments,
defense attorney Peter Smith
contended that at the time of
the murder, Waddell was suf-
fering from the symptoms of a
“disordered mind.”
Smith read a list of the
witnesses called to testify in
the case, and said that they all
thought Waddell was having
mental issues prior to the mur-
der.
“He was acting
strangely,” Smith said. “He
was acting irrationally.”
Many of the witnesses
testifying to seeing a
(Editor’s Note: Factual
information for ‘Blotter’ is
provided by official law en-
forcement agencies. All per-
sons listed are innocent until
proven guilty in a court of
law. Charges can be
amended or dismissed.)
* * *
jumped a curb and damaged a
fence at a business in Down-
town Cave Junction.
Saturday, April 4
*Two men said to be tar-
get shooting near Josephine
Creek off Eight Dollar Moun-
tain Road were warned against
shooting across a body of wa-
ter.
*California motorist
Sungmin Park, 43, was cited
to appear in CJ Muni Court on
a charge of speeding (47 in a
35 mph zone) on Caves Hwy.
at 3:25 p.m.
*A “concerned citizen,”
who wished to voice an opin-
ion, contacted a deputy in the
300 block of Caves Hwy. at
4:04 p.m.
*Two people were
warned for interfering with a
public right-of-way on W.
Watkins Street at 4:19 p.m.
*Contacted in Downtown
CJ, Thomas Wayne Snider,
40, was cited on a warrant
charging failure to appear on
original charges of second-
degree trespassing and third-
degree theft. Snider was
lodged in Josephine County
Jail on a probation violation
charge.
*James Steven Towe, 33,
was cited on Redwood Hwy.
in Kerby on a charge of driv-
ing with a suspended license
and driving uninsured.
*Donald Charles Peterson,
65, was cited on a charge of
speeding (60 in a 45 mph zone)
on Redwood Hwy., near
Hogue Drive at 10:19 p.m.
*Cody Allen Burgoyne,
19, was cited on a charge of
speeding (75 in a 55 mph
zone) on Redwood Hwy. in
Selma at 10:37 p.m. and he
was warned about driving
without insurance.
Sunday, April 5
*A case of cigarettes val-
ued at $800 was reported sto-
len from O’Brien Country
Store following a 2:12 a.m.
break-in.
*Multiple fires of suspi-
cious origin were discovered
at a property in the 17000
block of Redwood Hwy. at
8:53 p.m.
*Two people contacted at
Tin Can Campground at 10:45
a.m. were warned about an
unsanitary campsite.
*Concern for the welfare
of a child seen near a transient
camp off N. Hussey Avenue
prompted a call at 10:48 p.m.
An informational report was
sent to Oregon Dept. of Hu-
man Services.
*A shooting was reported
on U.S. Forest Service land in
the Tennessee Mountain drain-
age west of Kerby. One man
was injured from a single blast
from a 12-gauge shotgun. Ar-
rested on a charge of first-
degree assault was Ronald
Eugene Spears, 61.
*Victoria J. (Culbertson)
Sumner, 33, was cited on a
charge of speeding on Red-
wood Hwy. at Eight Dollar
Mountain Road at 7:05 p.m.
Monday, April 6
*On Cowboy Way, due to
a seasonal and continuing dis-
pute, a man was warned
against trespassing on a
neighbor’s property.
*Although it was bolted
down, an $80 park bench was
reported stolen from outside
Lorna Byrne Middle School.
*Using a public telephone
in Downtown CJ, a man re-
quested telephone directory
assistance from the 911 Dis-
patch Center at 2:22 p.m.
There was no emergency.
*A loaded .22-caliber rifle
was located leaning against a
tree on an O’Brien property. It
(the rifle) was turned over to a
deputy.
*A driver on Redwood
Hwy. was warned about oper-
ating with studded tires, as
March 31 was the deadline for
removing them.
Tuesday, April 7
*A caller reported seeing
what appeared to be a burglary
in progress on Hanby Lane at
12:08 a.m. Those suspected of
prowling were said to be wear-
ing all black clothing.
*Theft of a generator,
chainsaw, compressor, welder,
gas-powered auger and some
400 DVDs from a Forest
Creek Road residence was
reported.
*Theft of a license plate
from the front bumper of a
pickup truck on Robinson
Corner Road was reported.
*A man complained that
his former roommate had ac-
cessed his eBay account and
incurred some $272 in seller’s
fees.
*Someone thought it odd
that a U-Haul truck had been
coming and going from a resi-
dence on Noah Way for a few
days.
*Following a confronta-
tion with a resident on Holland
Loop at 8:03 p.m., Stephanie
Marie Vincent, 57, was cited
on a charge of driving under
the influence of an intoxicant.
*Holland Loop resident
Robert McCarver, 56, was
cited at 9:59 p.m. on a
contempt-of-court warrant.
Thursday, April 2
*The apparent early
morning theft of a Chevy
pickup truck from a residence
on W. Lister Street was re-
ported at 9:24 p.m.
*Theft of 15 aluminum
planks from the bleachers at
the athletic field at IVHS was
reported last week. The theft
and damage to nearby fencing
was estimated at $550.
*Two 17-year-old persons
were counseled regarding their
behavior after video surveil-
lance captured the theft of a
bicycle from Illinois Valley
High School.
*A large group of juve-
nile persons was reported at
Jubilee Park at 4 p.m. They
were watching a fight.
*In the 300 block of
Caves Hwy. a pickup truck
was reported broken into, and
the nutcase who did it tore
apart the steering column.
*Attempted forced entry
to a business in the 30000
block of Redwood Hwy.
caused damage to the door and
locks.
*A 15-year-old runaway
person was returned to the
custody of his mother in
Downtown Cave Junction. A
pack of cigarettes in his pos-
session was destroyed.
*A Thompson Creek
Road residence was burgled
overnight, the owner said.
Friday, April 3
*Someone reported re-
ceiving harassing phone calls
during the past week in the
wee morning hours.
*A youth, 15, was re-
ported as running away from
his Westside Road residence.
*Charges of exceeding
the posted speed limit on E.
River Street between 3:45 and
6 p.m. caused Mary Louise
Dove, 67; Lorimer James
Terrill, 76; Jacob Thomas
Campbell, 17; and Clifford
Ryan Jantz, 19, to be cited into
in Cave Junction Municipal
Court.
*On N. Redwood Hwy in
Downtown CJ at 6:38 p.m.,
Carol Dodge, 58, was cited on
a charge of speeding (59 in a
45 mph zone).
*In the 36000 block of
Redwood Hwy. a woman
complained that her neighbor
had cut down trees, on her
property, and that the logs
were blocking her driveway.
*In rural Cave Junction a
woman stated that her 17-year-
old daughter (a listed runaway
juvenile person) was “out of
control” and had left with her
boyfriend.
*The “possibly intoxi-
cated” driver of a yellow
pickup truck reportedly
a blood clot. During a brief
hearing at 10:45 a.m., Smith
moved for a mistrial on the
grounds that the juror was
dismissed
“mid-
deliberations.”
Caso responded that the
court has the discretion to
replace the juror. He added
that “the state finds no impro-
priety” in how the matter was
handled.
Circuit Court Judge Lindi
Baker denied Smith’s motion.
She said that the alternate had
participated in the entire trial,
and that the procedure used to
replace the juror was “well-
founded in the law” and
“followed explicitly.”
Waddell was led away in
handcuffs by two sheriff’s
deputies at 11 a.m. But around
15 minutes later, it was an-
nounced that a verdict had
been reached.
Waddell was found guilty
on all counts. Most of those
verdicts had been decided on
Thursday, April 9, but had to
be reconsidered with the new
juror.
Afterward, Smith said
that an appeal of the verdict
was a “certainty, but that’s
true of every case of this mag-
nitude.”
A sentencing date had yet
to be scheduled as of April 13.
“profound change” in
Waddell in late 2007, Smith
said, and a judge sent the de-
fendant to the state mental
hospital in Salem four days
after the murder. Waddell
stayed at the facility for six
months before being trans-
ferred to the Josephine County
Jail last year.
Smith stated that the issue
of “diminished capacity” was
“uncontroverted” in this case.
“Doubt should be re-
solved in favor of Timothy
Waddell,” he said.
Jurors received their in-
structions at 12:30 p.m. on
Thursday, April 9, and began
their deliberations. Waddell’s
sisters, Martha and Pearl,
waited outside the courtroom
with some friends for most of
the day. However, a verdict
had yet to be reached as of 5
p.m.
On Friday, April 10, the
second floor of the courthouse
was largely empty as delibera-
tions continued.
Shortly before 5 p.m., the
jurors exited their delibration
room, and many of them ap-
peared exhausted and flus-
tered.
On the morning of Mon-
day, April 13, one juror was
replaced by an alternate due to
medical issues stemming from
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