MARCH 04, 2022, KEIZERTIMES, PAGE A3
“I would just like to reiterate that, I
feel like I’ve taken a pretty fair amount of
responsibility for the situation that hap-
pened,” Modine said. “Also, I understand
that there had to be a recommendation
because of my past, I’ve done a lot to put
that behind me. To have an incident like
this happen, to bring me back into a situ-
ation like this, is tough.”
The violations
At the April 20, 2017 hearing, Prall
also said that it was “real important” that
Modine attend a victim impact panel.
Court records indicate that Modine did
not attend. It was his first of several
violations.
Modine completed an alcohol treat-
ment program in December 2017. Five
months later, he admitted to his proba-
tion officer that he had smoked marijuana
and drank “to the point of intoxication”
at a family barbecue.
Prosecutors requested a judge revoke
Modine’s probation, which could have
put him in prison.
Modine appeared before Prall on Sept.
4, 2018, with the possibility of a 40 month
sentence for violating his probation
agreement.
Fischer recommended Modine get a
second chance.
“We are agreeing to violate and con-
tinue the defendant’s probation in both
counts, two and three, however we are
asking in both counts the defendant’s
probation be modified to zero tolerance
for the use of intoxicants,” Fischer said at
the hearing.
Suver said that judges rarely revoke
probation for non-criminal behavior.
“Voters have made it clear through
may be getting better.” The probation
officer also told Modine to complete his
required 80 hours of community service,
which Modine had completed none of.
Records show that with 30 months
remaining in his probation, that call was
the last time Modine spoke to his proba-
tion officer.
On Jan. 16, 2020, Modine was sent a
non-compliance letter for not complet-
ing his community service. The letter,
according to records, said to contact the
probation officer immediately. Records
show no such contact.
Failure to complete community ser-
vice was a violation of the probation and
under the agreement, all violations were
to be referred to a judge – which never
occurred.
The consequence
Modine was allegedly driving east-
bound in Keizer early on the morning of
Jan. 22, when he swerved into a power
pole and then drove through the side of
a house, pinning the couple in their bed.
As they lay trapped, Modine stayed
in the driver’s seat. Arriving police and
medics found the truck still in gear with
Modine “revving the engine causing the
rear tires to spin” in what appeared “to
be an attempt to drive further into the
house,” according to the probable cause
affidavit.
In a statement following the inci-
dent, a neighbor reported that when she
initially approached the crash, Modine
was “singing, and headbanging with his
music blaring.”
Hughes was declared deceased at the
scene. Heitz was initially paralyzed from
the waist down and died six days later in
the hospital.
Modine remains in custody at Marion
County Correctional Facility and was
denied bail.
brainfood
sudoku answers pg A22
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various laws and ballot measures that
Oregonian prefer a different approach
outside the criminal justice system to
the use of drugs and alcohol,” Suver
said. “While the judge had the authority
to revoke Mr. Modine’s probation for a
non-criminal violation, the judge exer-
cised her discretion not to do so.”
Given that second chance, records
show, Modine remained sober, moved
with his family back to Keizer in early
2019 and he started his own construction
business.
From February to July of 2019, accord-
ing to probation records, Modine met
each month with his Marion County pro-
bation officer. According to the Marion
County Sheriff’s office, these visits
were “to monitor compliance with court
orders, conduct needs assessments, work
on skill development, engage in cogni-
tive behavioral therapy,” and to address
any other concerns.
Probation records indicate that on
July 1, 2019, after an in-office meeting,
Modine’s case plan was updated. The
July meeting was the last time Modine
would meet with his officer.
“Risk assessments administered to
Modine categorized him as a low risk to
reoffend. Consistent with our practices,
Modine was transitioned from a field
caseload to the Limited Supervision Unit
which does not require monthly check-
ins with a probation officer,” Sgt. Jeremy
Landers, spokesperson for the sheriff’s
office, wrote in an email.
A probation officer recounted an
Oct. 21, 2019, phone conversation with
Modine. He reported that Modine “has
had a rough couple months but things
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