Columbia Gorge news., July 21, 2021, Page 8, Image 8

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Columbia Gorge News
Wednesday, July 21, 2021
www.columbiagorgenews.com
OBITUARIES
PA I D N O T I C E S
Daniel Smith
Daniel Perry Smith was born on June 27,
1954, in White Salmon, Wash., to Arthur
Joseph Smith and Mary Eunice (Nixon)
Smith. He went to Heaven on June 30, 2021,
at his home in Lyle, Wash. He is preceded in
death by his parents and one brother, Arthur.
He is survived by his wife Jody and three sons,
Dan (Michele; children Michael and Colyn),
Daniel Smith Ryan (Crysta; children Alex, Peyton and
Camden) and Rob (Lacey; children Madison,
Rachel, Barrett, Sydney and Caiden).
In his working career, Dan worked for multiple companies
as a mechanic/logging operator. After many years in the
logging field, he became a full-time farmer. In addition to
farming, he enjoyed restoring and preserving local 100-plus
year old barns.
He met his wife, Jody Stephens, in the summer of 1972.
They became high school sweethearts and were married in
February 1978. Following their wedding, they moved into
their first home together in Lyle, where they welcomed three
sons. In 1987, Dan and his family moved into the home he
built for them on the farm.
Dan was a fun, loving, hardworking farmer, papa, husband
and father. But, above all, he was a devoted Christian. He
proved his dedication to God each day.
Dan was a wonderful man. His family was the light of his
life, and they loved him unconditionally. He will forever be
missed, and forever be in our hearts.
A celebration of life will be held Saturday, July 31 from noon
to 5 p.m. Come and go as you please at the farm, 111 Shady
Lane, Lyle. Please send condolences to the Smith family by
visiting www.gardnerfh.com.
DEATHS AND SERVICES
Edith “Marge” Marjorie
Magnusen died Dec. 19,
2020, at her daughter’s
home in Tualatin, Ore. She
was born July 15, 1923, and
was 97 years old at the time
of her passing. A celebra-
tion of life will be held at
11 a.m. on Saturday, July
24 at Hood River Valley
Christian Church, 975 Indian
Creek Road, Hood River,
Ore. In honor of Marge and
her love for colors, family
would love you to wear
colorful attire for the service.
Arrangements are under
the direction of Anderson’s
Tribute Center. Visit www.
AndersonsTributeCenter.
com to leave a note.
Dalles, Ore. All are welcome.
Melvin G. Thornburg, age
79, a resident of Dallesport,
Wash., died at home June
29, 2021. Spencer, Libby and
Powell Funeral Home is in
care of arrangements.
Justin Alexander Mei
Shen Su died July 4, 2021,
in Portland, Ore. Justin was
born Aug. 27, 1979, and
was 41 years of age at the
time of his passing. Services
are planned for 3 p.m. on
Saturday, July 31, 2021, at
Shepherd of the Valley Bible
Church, 1631 Eighth St.,
Hood River, Ore. A livestream
of Justin’s service can be
accessed at the church’s web-
Jeffrey Cunningham
site on the day of his service
Krier died March 22, 2021,
at svbchr.org. Arrangements
and was born March 24,
are under the direction of
1950. A Celebration of Life
Anderson’s Tribute Center,
service will be held for Jeff on Hood River. Visit www.
Tuesday, Aug. 10 at 2 p.m. at AndersonsTributeCenter.
St. Paul’s Episcopal Church,
com to leave a note of condo-
1805 Minnesota St., The
lence for the family.
Shane Dustin Brace, age
46, a resident of The Dalles,
Ore., died July 5, 2021. A cele-
bration of life will be held at a
later date, and details will be
posted on Spencer, Libby &
Powel website once finalized.
Brian Allan Franks, age
57, a resident of Deer Park,
Wash., died July 7, 2021.
Spencer, Libby & Powell
Funeral Home is in care of
arrangements.
Larry Vincent George, age
80, a resident of The Dalles,
Ore., died July 7, 2021. He will
be laid to rest in a private ser-
vice at Willamette National
Cemetery. Spencer, Libby &
Powell Funeral Home is in
care of arrangements.
Jesslyn Alan Spino, age 61,
a resident of The Dalles, Ore.,
died July 9, 2021. Funeral
services were held July 12
at the Spencer, Libby &
Powell Gathering Hall. Burial
service was held July 13,
2021 at Wish-Yum Cemetery,
Dallesport, Wash.
Rodney Keith Eichner,
89, died July 16, 2021,
at his home in White
Salmon, Wash. No services
are planned at this time.
Gardner Funeral Home is
handling arrangements.
Edith Marcella “Sally”
Graff died July 16, 2021,
at Mid-Columbia Medical
Center in The Dalles, Ore.
Sally was born on Dec.
22, 1933, and was 87 years
of age at the time of her
passing. Arrangements
are under the direction of
Anderson’s Tribute Center,
The Dalles. Visit www.
AndersonsTributeCenter.
com to leave a note of condo-
lence for the family.
GORGE NEWS
Former DA files lawsuit against attorney
general, deputy and Wasco County
Mark Gibson
■ By Columbia
Gorge News
to protect and serve.
“The abuse of authority
by the Attorney General and
her Deputy cost Eric Nisley
Former long-time Wasco
his re-election, his livelihood
County District Attorney
Eric Nisley is suing Oregon’s and his professional repu-
attorney general and her
tation,” Gary wrote. “Even
deputy, and Wasco County,
as Mr. Nisley and his family
alleging his due process
focus on rebuilding what
rights were violated when he they’ve lost, this lawsuit is
was removed from office over necessary to remedy past
a temporary suspension of
damage ... and to prevent the
his law license by the Oregon Attorney General and her
State Bar.
office from ever again un-
The suit contends actions
dermining Oregon’s system
by Oregon Attorney General of free elections and the rule
Ellen Rosenblum and Deputy of law.”
Attorney General Frederick
Wasco County’s legal
Boss, in unlawfully remov-
counsel Kristen Campbell
stated, “Wasco County denies
ing Nisley from office made
statements “that stigmatized all liability associated with
him, tarnished his reputation this case. The matter has
and limited his ability to pur- been referred to the county’s
insurance carrier, who has
sue his chosen profession.”
“The Oregon attorney gen- hired trial counsel to contest
eral and her deputy had nei- these claims.”
Kristina Edmunson,
ther legal nor moral authority
spokeswoman for
to remove a duly elected of-
ficial from office based solely Rosenblum, said in a state-
on their erroneous belief that ment to the Oregonian, “We
he was no longer qualified to will vigorously defend the
serve,” wrote Nisley’s lawyer
state’s role and conduct in
William Gary in a statement
this matter. All actions taken
provided to Columbia Gorge were done in the best inter-
News. “Their actions cre-
ests of the state in ensuring
that all criminal cases were
ated a false narrative that
properly handled in Wasco
District Attorney Eric Nisley
County during the disci-
had abandoned the Wasco
County residents he’d sworn plinary suspension period
of DA Nisley and thereafter.
That required obtaining a
court ruling from the Oregon
Supreme Court. We were glad
to get that clarification re-
garding the DA’s status, which
reassured us that no criminal
case would slip through the
legal cracks.”
According to the court
filing, Nisley alleges “defen-
dants, without any lawful
authority, ousted plaintiff
from the position to which
the Wasco County vot-
ers had duly elected him.
Defendants’ actions barred
plaintiff from performing
any of the duties of his office,
denied him the compensa-
tion and perquisites to which
he was legally entitled by
virtue of that office, false-
ly conveyed to the public
that plaintiff was no longer
the Wasco County District
Attorney, and effectively
prevented plaintiff’s long-
standing former deputies and
staff from communicating
with him.”
“Wasco County offi-
cials aided and abetted
Defendants Rosenblum
and Boss in doing so,” the
suit says. Nisley “was not
informed of any of the above
actions until the day he was
expelled from office” and
he wasn’t given a chance to
challenge the state’s action,
the suit says.
Nisley is seeking economic
damages totaling $1 million,
including lost wages and
benefits, and $2 million in
punitive damages in the civil
rights suit against the attor-
ney general.
•••
The suit, filed July 9 in U.S.
District Court in Portland,
follows a ruling by the
Oregon Supreme Court in
September that found Nisley
remained the lawful holder of
the office despite his 60-day
suspension from the practice
of law earlier in the year.
In that case, The Oregon
Attorney General’s Office
had argued that the office
had become vacant at the
point of his suspension, and
assigned a representative
from the AG’s office as Acting
District Attorney. Nisley’s
lawyer argued Nisley was not
the first district attorney to
be suspended while in office
and that, in earlier cases,
no vacancy in the office of
district attorney had been
declared. Instead, those
suspended had resumed all
district attorney duties at the
end of the suspension period.
After the Supreme Court
ruling, the state rescinded its
action and restored Nisley to
office with pay, but no one
told him about the state’s
reversal until two weeks af-
terward in October 2020, the
suit contends.
Nisley said his removal
derailed his effort to seek
re-election for a sixth term
as district attorney. Criminal
defense lawyer Matthew Ellis
handily defeated Nisley in the
May 2020 election.
Nisley said the taint on his
reputation from his abrupt
removal from office has also
harmed his effort to seek
other jobs as a prosecutor
in the state. Early this year,
he was offered a temporary
job as a Hood River County
deputy district attorney but
the offer was later rescinded,
the suit says.
In addition to violating his
due process rights, the suit
alleges Rosenblum and Boss
violated his equal protection
rights by treating him differ-
ently than other prosecutors
in the state who had their
licenses suspended tempo-
rarily, the suit says.
He also accuses the
state officials of negligence,
interfering with economic
relations and usurping his
office.
Wasco County claim
In addition to those claims
addressed to all three defen-
dants, Wasco County is al-
leged to have interfered with
the economic relationship
between the Wasco County
District Attorney’s office and
the State of Oregon.
“Wasco County, which was
not a party to that relation-
ship, intentionally interfered
with that relationship by
physically barring plaintiff
from the Wasco County
District Attorney’s office; by
removing all references to
plaintiff’s name as Wasco
County District attorney
within that office, on the
District Attorney’s website,
and in their communica-
tions with the public; and
by otherwise attempting to
have plaintiff removed from
his position. The actions
of Wasco County officials
prevented plaintiff from
performing any of the duties
of his elective office,” the suit
says.
“The above-described acts
were a substantial factor in
plaintiff’s election loss in May
2020, causing plaintiff’s posi-
tion as Wasco County District
Attorney to end in January
2021 rather than January
2025 as he had intended.”
Officials: Extreme heat, early fires ‘new normal’ in Oregon
Gary A. Warner
■ By Oregon
Capital Bureau
Extreme weather like the
deadly heat wave that hit
Oregon at the end of June are
a sign of things to come, state
officials said Monday.
The National Weather
Service has reported tem-
peratures in the last week of
June obliterated all-time heat
records: 101 in Astoria, 109
in Bend, 112 in Redmond,
116 in Portland, 117 in Salem
and 118 in Hermiston. Other
cities “only” tied their hottest
marks: Pendleton at 113 and
Medford at 115.
The thermometer readings
were “otherworldly,” said
Oregon Health Authority
Director Pat Allen.
“The reality is that such
excessive and deadly condi-
tions are here to stay,” Allen
said.
Oregon’s death toll from
the heat is currently more
than 100, with at least anoth-
er 32 still under investigation.
More than 800 people
sought help from heat-re-
lated medical issues over
the course of the scorching
temps.
The heat wave added to 18
months of catastrophes that
have hit Oregon.
Since early 2020, the
state has had historic floods
in eastern Oregon, the
COVID-19 pandemic, wild-
fires that burned more than 1
million acres, smoke smoth-
ering the entire state, power
outages from ice storms and
a protracted drought that has
reservoirs in some areas at
a fraction of their designed
capacity.
Andrew Phelps, director
of the Office of Emergency
Management, said the state
had launched a review of the
response to the heat wave. It’s
an effort to alter expectations
of both the public and offi-
cials as to what is “normal”
when it comes to weather.
One question on the
table: Why didn’t Gov. Kate
Brown make an emergency
declaration as the heat wave
approached?
Phelps said he believed
most people knew well
ahead of time that the heat
wave was coming and to take
precautions. The emergen-
cy declaration would not
have changed public agency
responses.
“If you overuse a tool like
an emergency declaration
just to sound an alarm, it
becomes white noise in the
background,” Phelps said.
Fariborz Pakseresht,
director of the Department
of Human Services, said the
state’s 211 phone informa-
tion system had stumbled
during the heat wave, with
his agency’s staff confirm-
ing complaints that the call
centers were understaffed on
the weekend and didn’t have
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information callers sought
about resources in their area.
The heat compounds years
of drought conditions to cre-
ate extreme fire risk around
much of the state. Already,
hundreds of thousands of
acres have burned.
The officials did not ad-
dress the status of the current
fires in Oregon.
Most of the damage is be-
ing done by a trio of blazes in
central and south Oregon.
The Bootleg Fire in sparse-
ly populated Klamath County
is the nation’s largest active
wildfire at more than 300,000
acres, and is 25% contained.
The fire has destroyed seven
homes and 43 other struc-
tures. No injuries or fatalities
have been reported as of July
19.
The Jack Fire in eastern
Douglas County has burned
an estimated 16,764 acres
and injured eight people. The
state’s official fire website
reports no homes or struc-
tures as having burned and
the fire is an estimated 35%
contained as of July 18.
While most fires are
knocked down before they
grow to more than 10 acres,
those that move rapidly can
explode in a matter of hours.
The Grandview Fire near
Sisters is 6,032-acres and 60%
contained as of July 19.
EVOLUTION: BIOLOGICALLY IMPOSSIBLE #32
The eye of a hawk or eagle. The eye of an owl. The eye of man. These
organs are beyond being defined as complicated. Ask yourself if a teacher
of evolution said to you that the beginnings of the eye began with a few
light sensing cells what would that mean…exactly? We now know that
there are over a dozen different parts that make up an eye and that is
not including the muscles that move the eye. Which one of these many
components by itself would allow sight? Why are we to assume that if
just one component was to give sight why if by random chaotic chance
mutation would that one needed component evolve first? Convenient.
Is it possible to prove or show evidence what creature was the first to
have a light sensing cell? If so what exactly were the components of this
simple light sensing cell? How is it possible to think that the eye of any
of these “simple” animals would over time mutate by random chance all
the necessary components to form the eye we know of today? One by
one these components mutated in order and in the correct place? How
convenient. The vitreous humor makes up the large body of the eye.
This is a transparent jelly like substance. What does it mean that this
substance mutated into existence? All the other components of the eye
are attached to it. How convenient that this jelly substance mutated first
in the conveniently located pre existing eye socket. Darwin was right
about the eye.
g.d. fischer | zionman@netcnct.net | 541-296-8578