Keizertimes., July 13, 2018, Page PAGE A8, Image 8

PAGE A8, KEIZERTIMES, JULY 13, 2018
Two Keizer cops come packing law degrees
By ERIC A. HOWALD
Of the Keizertimes
Before getting into what distinguishes Keizer
Police Department Det. Andy Phelps and Of-
fi cer RJ Farrens from their peers in the Keizer
Police Department, it’s necessary to understand
the difference between “probable cause” and
“beyond a reasonable doubt.”
An offi cer needs probable cause to issue a ci-
tation or place a suspect under arrest. There is no
exact measurement for probable cause because
it can vary from incident to incident but, as a
rule of thumb, an offi cer wants a better than 50
percent suspicion of a person having committed
a criminal act.
“Beyond a reasonable doubt” is what pros-
ecuting lawyers are looking for when
presenting a case to a judge or jury.
Ideally, they are seeking near-
certainty that the person they
are charging with a crime is
the one that is guilty.
“The criminal justice
system as a whole is a lot
bigger than just the arrest,”
said Phelps, who started as a
KPD reserve offi cer in 2010
before being hired on full-
time in 2012. “Anyone in
law enforcement is trying to
pursue justice. If evidence I
collect makes it harder to get
a conviction, that is totally fi ne
with me. I want to collect it and
paint the true picture, not skew
the evidence. If the suspect didn’t
do it, I want that to be shown.”
What makes Phelps and Farrens par-
ticularly adept at the case-building aspect of the
job is that both have law degrees and passed the
bar exam that could have led to careers as at-
torneys. Farrens took a job with KPD two years
ago when he was on the cusp of applying to
becoming a lawyer outright. Phelps was a court-
certifi ed lawyer with the Marion County Dis-
trict Attorney’s Offi ce when he transitioned to
the law enforcement side of the justice system,
which was his plan all along.
“When I was 4 years old, I had an offi cer
come into my life and tell me everything was
going to be okay that day, and it ended up being
okay. In my mind, that made the offi cer a hero,
I think it was that exposure that formed what I
think of cops,” said Farrens.
Farrens, the youngest of several siblings, ex-
celled in school, triple-majored in history, re-
ligion, and philosophy at the College of Idaho
and knew he wanted to tackle graduate school.
He picked Willamette University for law school
when it came time to make a decision.
Like Phelps, he was working for the Mari-
on County District Attorney’s (MCDA) Offi ce
when he began taking another look at a law en-
forcement career.
“If a report was good, that made it easier in
court,” Farrens said. “I realized that if I wanted
to make a positive impact in the criminal justice
system, the work starts here.”
Phelps said that a typical course of study in
law school focuses on federal law because gradu-
ates can end up working anywhere in the coun-
try, but he benefi tted from studying Oregon case
law in the class of Chief Justice Paul DeMuniz,
the former head of the Oregon Supreme Court.
“What really refi ned my Oregon law knowl-
edge was my experience as a law clerk at
the Marion County D.A.’s offi ce,”
Phelps said.
When he started at the
MCDA, Phelps was assigned
as a DUII law clerk which
meant reviewing DUII cas-
es throughout the county
to determine if the offi cer
who made the stop had
followed all the rules and
writing counterarguments
when defending attorneys
challenged some aspect of
the incident.
“Having that background
helps me think about what is
needed to prosecute a case,”
Phelps said. “It gives me a
broader perspective behind the
meaning of the law and I hope it
helps me determine how to reach the
reasonable doubt standard.”
Farrens offered an example of how taking
those extra steps can work when he’s investigat-
ing an incident.
Not too long ago, Farrens met a woman at
Salem Hospital with what he called “consider-
able face injuries.” He said it looked as though
the woman had been in a fi ght and there was
even potential probable cause to arrest some-
one for the crime. But, by investigating further
and not simply placing the suspect under arrest,
Farrens eventually learned that the wounds had
been self-infl icted.
“I was looking for beyond a reasonable doubt
and it came back to not having probable cause,”
he said.
Phelps said his law degree helps in threading
the needle when it comes to search and seizure.
Like probable cause, there is no one-size-fi ts-all
guideline for when an offi cer can search or seize
property. The facts of each case are different and
the timeline offi cers are operating under is also
variable. Instead, precedents set in the courts es-
tablish boundaries regarding search and seizure,
which lawyers then use as measuring sticks in
the cases that are most like the one they are pros-
ecuting or defending.
“The lawyers get a chance to review facts
for several weeks while the patrol offi cer has to
make the decision in a split-second. I like know-
ing what my parameters are and what I have to
work between,” Phelps said.
Neither offi cer believes the law degree places
them above other cops on the beat, their back-
grounds are simply one more tool in the collec-
tive toolbox. As Farrens put it, the biggest asset
he’s gleaned from the extra degree is an apprecia-
tion of the patience police work takes.
One of Farrens’ proudest engagements thus
far was with a woman that had been a frequent
source of disruption in the community. Farrens
was patient and learned her problems were stem-
ming from substance abuse and that the woman’s
roommate situation was a regular incitement.
Through conversation he had with her, the
woman found a way to change her situation and
Farrens helped fi nd her a new roommate he can
check in with if problems occur. Her contacts
with police are now almost non-existent.
“So many of us join this profession because
we want to help people, not arrest people. We
do that often. The rewarding times are when we
can prevent things from happening,” Farrens said.
public notices
NOTICE TO INTERESTED PERSONS
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY
OF MARION
PROBATE DEPARTMENT
In the Matter of the Estate of
Fred T. Hargand
Case No. 18PB02898
NOTICE TO
INTERESTED PERSONS
NOTICE IS HEREBY GIVEN
that Maria Pettis has been
appointed administrator. All
persons having claims against
the estate are required to
present them, with vouchers
attached, to the administrator
at 8339 Highway 20, Toledo,
OR 97391, within four
months after the date of fi rst
publication of this notice, or
the claims may be barred.
All persons whose rights
may be affected by the
proceedings may obtain
additional information from
the records of the court, the
administrator, or the attorneys
for the administrator, Brian
Haggerty, OSB #980588,
Minor, Bandonis & Haggerty,
P.C., PO Box 510, Newport,
OR 97365, (541) 265-8888.
Dated and fi rst published
July 6, 2018.
7/6, 7/13, 7/20
NOTICE TO INTERESTED PERSONS
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY
OF MARION
No. 18PB04448- Probate
In the Matter of the Estate of
Norman R. Newton,
Deceased
Notice is hereby given
that by Order of the Circuit
Court of the State of
Oregon for Marion County,
Probate No. 18PB04448,
Shawn W. MacDonald has
been appointed Personal
Representative of the ESTATE
OF NORMAN R. NEWTON,
deceased.
All persons having claims
against said estate are
required to present such
claims, with proper vouchers,
to the undersigned Personal
Representative, c/o Sarah K.
Rinehart, Attorney at Law, 117
Commercial Street NE, Suite
300, Salem, Oregon 97301,
within four (4) months after
the date of fi rst publication of
this notice, or the claims may
be barred.
All persons whose rights
may be affected by these
proceedings may obtain
additional information from
the Personal Representative,
the attorney for the Personal
Representative, or from the
records of the court.
Dated and fi rst published
July 6, 2018.
Shawn W. MacDonald
Personal Representative
Sarah K. Rinehart,
Attorney at Law
OSB# 821142
117 Commercial Street NE,
Suite 300
Salem, Oregon 97301
Attorney for Personal
Representative
7/6, 7/13, 7/20
STORAGE AUCTION
Self-Storage Public Sale
Turner Road Storage
4555 Turner Rd SE
Salem, Oregon 97317
Saturday 07/21/2018
@ 9:30am
A03
B03
C14
E05
RV108
Gasper Salas
Tabatha Kremers
Eric J. Braun
Gasper Salas
Millie E. Young
Sale Subject To Cancellation
Turner Road Storage
reserves the Right to refuse
any and all bids.
7/6, 7/13
publication being July 13,
2018, if you fail to do so the
Petitioners will apply to the
court for relief demanded in
the Petition.
No hearing will be set
unless objections are fi led.
NOTICE TO THE
RESPONDENT: READ
THESE PAPERS
CAREFULLY
You must “appear” in this
case or the other side will win
automatically. To “appear”,
you must fi le with the court a
legal paper called a “motion”
or “answer”. The “motion” or
“answer” must be given to the
court clerk or administrator
within 30 days along with the
required fi ling fee. It must be
in proper form and have proof
of service on the petitioner’s
attorney or, if the petitioner
does not have an attorney,
proof of service upon the
petitioner.
If you have any questions,
you should see an attorney
immediately. If you need
help in fi nding an attorney,
you may call the Oregon
State Bar’s Lawyer Referral
Service at (503) 684-3763
(in the Portland metropolitan
area) or online at www.
oregonstatebar.org
or
elsewhere in Oregon at (800)
452-7636.
Lori A. Jenkins,
OSB #854427
Attorney for Petitioners:
1265 Waller St SE,
Salem Or 97302
Phone #503.363.5335
7/13, 7/20, 7/27, 8/3
NOTICE TO INTERESTED PERSONS
NOTICE TO INTERESTED PERSONS
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY
OF MARION
TRUSTEE’S NOTICE
OF SALE
Reference is made to that
certain trust deed made
by KARLA DAVENPORT,
who acquired title as Karla
Schulze, as Grantor, to
SANTIAM ESCROW, INC., as
Trustee,* in favor of PEARL A.
SUNDERMAN and MAURICE
D. SUNDERMAN, Trustees
of The Pearl A. Sunderman
Family Trust dated 06/05/91,
as
Benefi ciary,
dated
November 6, 1998, recorded
November 12, 1998, in the
mortgage records of Marion
County, Oregon, at Reel
1540, Page 715, covering
the following described real
property situated in said
county and state, to wit:
Parcel I: Beginning at the
Southwest corner of Lot 2,
Case No. 18AP00775
SUMMONS - ADOPTION
In the Matter of the Adoption
of:
TARYNN LEE
HOCHSTETLER,
A Minor Child.
TO: JARRETT ANGLIN:
YOU ARE HEREBY NOTIFIED
that STACEY AND MONTY
MASON are applying to adopt
Tarynn Lee Hochstetler
IF
YOU
HAVE
ANY
OBJECTION, IT IS HEREBY
ORDERED that you fi le an
answer in writing in the
above-entitled Court within
(30) days of the fi rst date of
publication, the fi rst date of
Block 2, DITTERS ADDITION
to Sublimity, Marion County,
Oregon; thence North to the
Northwest corner of Lot 1,
Block 2, DITTERS ADDITION
to Sublimity; thence East
80.00 feet; thence South
200.00 feet; thence West
80.00 feet to the place of
beginning.
Parcel II: The East 10 feet
of Lot 3, Block 2, of DITTER’S
ADDITION
to
Sublimity,
Marion County, Oregon.
Said real property is
commonly known as 226 SW
Division Street, Sublimity,
Oregon.
*The successor Trustee is
Stephen L. Tabor, Attorney at
Law.
Both the Benefi ciary and
the Trustee have elected to
sell the real property to satisfy
the obligations secured by
the trust deed and a Notice
of Default has been recorded
pursuant to Oregon Revised
Statute 86.752. The default
for which foreclosure is made
is Grantor’s failure to pay
when due 2the full principal
balance due on the obligation
in the sum of $40,683.04,
plus accrued interest, when
the obligation came all due
and payable under its terms
on November 12, 2013, and
also the failure to pay the real
property taxes as they came
due.
By reason of the default, the
Benefi ciary has declared all
sums owing on the obligation
secured by the trust deed
immediately due and payable,
those sums being the
following, to-wit: $40,683.04
with interest thereon at
the rate of 8.5 percent per
annum beginning February
7, 2018, plus $1,093.45 in
prior accumulated interest;
together with penalties, title
expenses, costs, Trustee’s
fees and attorney fees
incurred herein by reason of
said default; and any further
sums advanced by the
Benefi ciary for the protection
of the above described real
property and its interest
therein.
WHEREFORE,
notice
hereby is given that the
undersigned Trustee will
on August 21, 2018, at the
hour of 11:00 o’clock, A.M.
in accord with the standard
of time established by ORS
187.110, at the following
place: The front steps of the
Marion County Courthouse,
100 High Street NE, in the City
of Salem, County of Marion,
State of Oregon, sell at public
auction to the highest bidder
for cash the interest in the
described real property which
the Grantor had or had power
to convey at the time of the
execution by Grantor of the
trust deed, together with any
interest which the Grantor
or Grantor’s successors in
interest acquired after the
execution of the trust deed,
to satisfy the foregoing
obligations
thereby
secured and the costs and
expenses of sale, including
a reasonable charge by the
trustee. Notice is further given
that reinstatement or payoff
quotes requested pursuant to
ORS 86.786 and 86.789 must
be timely communicated in a
written request that complies
with the statute addressed to
the Trustee either by personal
delivery to the Trustee’s
physical offi ce set forth in this
notice, or by certifi ed mail,
return receipt requested,
addressed to the Trustee’s
post offi ce box address set
forth in this notice. Notice is
further given that any person
named in ORS 86.778 has
the right under ORS 86.778
to have the proceeding
dismissed and the trust
deed reinstated by paying
the entire amount then due
(other than such portion as
would not then be due had
no default occurred), together
with costs, Trustee’s fees and
attorney fees not exceeding
the amounts provided by
ORS 86.778, and by curing
any other default complained
of in the notice of default that
is capable of being cured, at
any time that is not later than
fi ve days before the date last
set for the sale.
Without limiting the trustee’s
disclaimer of representations
or warranties, Oregon law
requires the trustee to state
in this notice that some
residential property sold at
a trustee’s sale may have
been used in manufacturing
methamphetamines,
the
chemical components of
which are known to be toxic.
Prospective purchasers of
residential property should be
aware of this potential danger
before deciding to place a
bid for this property at the
trustee’s sale.
In construing this notice,
the singular includes the
plural, the word “Grantor”
includes any successor in
interest to the Grantor as well
as any other person owing an
obligation, the performance
of which is secured by said
trust deed, and the words
“Trustee” and “Benefi ciary”
include
their
respective
successors in interest, if any.
Dated: March 29, 2018.
/s/ Stephen L. Tabor,
Trustee
For further information,
please contact:
Stephen L. Tabor, Trustee
Stephen L. Tabor, P.C.
131 W. Main Street
P.O. Box 350
Sublimity, OR 97385
(503) 769-8089
This communication is
from a debt collector and is
an attempt to collect a debt.
Any information obtained will
be used for that purpose.
7/6, 7/13, 7/20, 7/27
STORAGE AUCTION
“NOTICE OF
FORECLOSURE AND SALE
(ORS87.687)”
Contents of the following
units will be sold by A Storage
Place of Keizer L.L.C., 5050
River Rd. N., Keizer, OR
97303: To satisfy the lien plus
additional rents and fees.
The sale of the following
units will be held online at
www.StorageTreasures.com
ending, Wednesday, July 25,
2018.
Contents may include
personal, household, and
other items:
1.) 306 – Ricky Reed
2.) 313 – Michelle Wilcox
3.) 371 – Andrew Howard
4.) 531 – Brittany Danielle
Amacher
7/6, 7/13
STORAGE AUCTION
Self-Storage Public Sale
Hyacinth Street Storage
2415 Hyacinth St SE
Salem, OR 97301
Saturday, July 21, 2018
@ 12:30 PM
#100 Jeromy, Bruce
Sale Subject To Cancellation.
Hyacinth Street Storage
reserves the Right to refuse
any and all bids.
7/6, 7/13