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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (July 3, 2015)
8A THE DAILYASTORIAN • FRIDAY, JULY 3, 2015 Pot: Busy week for mariiuana bills Murder: 26 years Continued from Page 1A cleared the Senate Tuesday. It was a busy week for marijuana bills in Salem. Lawmakers also passed a broad bill to regulate the state's existing medical mar- ijuana program and set up the new recreational pot reg- ulatory system. That legislation, House Bill 3400, also includes a seed-to-sale tracking system for recreational pot and will allow elected officials in cities and counties where at least 55 percent of the elec- torate voted against Measure 91 to pass bans on recre- ational and medical marijua- na businesses. Brown signed the bill into law this week. The ballot measure was approved by a majority of voters in Clatsop County and in Astoria, Warrenton, Gearhart, Seaside and Can- non Beach, so the coun- ty and city governments would not be able to take J *J "WWi^ Grosia Wozniacka/Associated Press Bear Westerlind, an employee at the medical marijua- na dispensary Kaya Shack, displays different types of marijuana flowers sold at the shop in Portland. A bill awaiting Gov. Kate Brown's signature would allow dis- pensaries to sell to recreational customers on Oct. 1. advantage of the provision in the law. A third marijuana bill, which will replace the har- vest tax on pot in Measure 91 with a 17 percent sales tax intended to generate roughly the same amount of revenue, also passed in the Senate this week. House Bill 2041 is also awaiting Brown's signature. "These bills represent a session-long, bipartisan consensus that respects the will of the voters and provides the safeguards and funding necessary to Continued from Page Paee 1A Continued from regulate the recreational marijuana industry in Ore- gon," Sen. Ginny Burdick, D-Portland, said in a writ- ten statement this week. Burdick was co-chair of a legislative committee that drafted the bills. Senate Minority Leader Ted Ferrioli, R-John Day, said the bills were some of Oregon lawmakers' best work. "Marijuana advocates have asked, 'Why not just implement the will of the people as outlined in Mea- sure 91, passed by voters in 2014?'" Ferrioli said in a written statement this week. "But making canna- bis available for recreation- al use has been the most complex public policy issue of the decade. I believe the Legislature has done a re- markable job of balancing the interests of recreational users with protections for medical users and respect for local control." Fireworks: Police to be in full force this weekend Continued from Page 1A Celebrate responsibly Astoria Police will also be out in ftill force this weekend. "The one thing we deal with every year is calls of illegal fireworks or people firing fire- works off late at night," Deputy Chief Eric Halverson said. "We do our best to respond to those complaints." Shooting off illegal fire- works in Oregon is a class B misdemeanor with a maximum fine of $2,500 and six months in jail. Halverson said illegal fire- works are often brought over the Astoria Bridge from Wash- ington state, where the same fireworks are legal. Sometimes people intentionally smuggle the fireworks into Oregon and other times they do not realize the different state laws, he said. "With all things, if you are going to celebrate, celebrate responsibly," Halverson said. "Make responsible decisions for yourself and the community." NATALIE ST. JOHN — EO Media Group One beachgoer climbed on top of his truck to record the deafening spectacle of hun- dreds of fireworks exploding simultaneously last Fourth of July on the Long Beach, Wash., Peninsula. Lease: Bones of building still good Continued from Page 1A bills as of June 5. As of last month, Smithart also owed the county $16,000. Knight said he has run out of patience. But the urge to start eviction proceedings against Smithart, he added, is tempered by the elongat- ed legal process it would entail. Knight has previously said finding a new operator for the hotel is the preferred outcome. But Smithart is not obligated to transfer his lease to Sonpatki, Knight said, and he could also bring in an investor with less than a 50 percent interest in the hotel without Port Commis- sion approval. A month ago, the Port Commission agreed to the lease transfer contingent on the debts being paid. The commission also agreed to a $3O,OOO yearly reduction in rent, along with a reduc- tion from 10 to 7 percent in the gross revenue the Port shares in from the hotel. On the hook Sonpatki said Param Ho- tel Group is still trying to work something out with Smithart and hoping for a September opening. He originally approached the Port in October with an idea to take over operation of the Riverwalk Inn, with a similar model to the sever- al budget hotels Sonpatki's group operates in the Port- land metro area. But Smithart and the Riverwalk Inn are also re- ceiving interest from Ches- ter Trabucco, a former com- mercial developer in Astoria who invested millions into the Hotel Elliott before sell- ing the property in 2010. Trabucco said he is inter- ested in the highest and best use of the Riverwalk Inn, adding he has not made any presentations. "Clearly, you're not starting fresh with a clean palette," Trabucco said. "You have to work with what is there." But with the right atten- tion to detail, he said, the bones of the building are still good. and do more research before de- ciding which option to pursue. The crime On Sept. 11,2OO9, Roseburg businessman and former police officer Brian Brush shot his ex-fiancee, Lisa Bonney, four times with a shotgun. The shoot- ing occurred on the Long Beach boardwalk, in full view of three visiting police officers and other witnesses. Brush was arrested immediately and convicted of first-degree murder and several "aggravating factors" during the subsequent trial. During sentencing, prosecu- tors argued that Brush should get extra time because the crime was a case of aggravated do- mestic violence. Judge Michael Sullivan sentenced Brush to 83 years in prison, with an ad- ditional 5 years tacked on for a "firearm enhancement." In order to convict Brush of aggravated domestic violence, the jury had to find that the killing was part of an ongoing pattern of abuse that involved "multiple incidents over a pro- longed period of time." Before the jurors went into deliberation, Sullivan provid- ed them with excerpts from a widely used document called the "Washington Pattern Jury Instructions" that helps jurors understand how trials work and how to perform their du- ties. The instructions explained that '"prolonged period of time' means more than a few weeks." Even though the instructions are written and approved by a panel of respected defense at- torneys, prosecutors and judges — including a state Supreme Court justice — the trial court's attempt to provide clarity for the jurors ended up invalidating the sentence. Brush appealed to the state Court of Appeals on several grounds. In 2014, the appeals court rejected most of his argu- ments, but agreed that Sullivan could have influenced the ju- rors' decisions by providing the instructions. In response, the state asked the Supreme Court to review the appeals court decision. The Su- preme Court accepted the case and heard arguments in January. According to the opinion TVmrcHsw Thursday, "TV.^ "The itictm^tirm instruction defining 'prolonged period of time' essentially resolved a fac- tual question for the jury and thereby constituted an improper comment on evidence." Sentencing scenarios In Washington state, the standard sentencing range for a person convicted of first-degree murder is 240 to 320 months in prison. But Sullivan believed he was permitted to impose an exceptionally severe sentence because the jury determined there were three "aggravating factors." They are: deliberate cruelty toward the victim during the crime, aggravated domestic violence, and inflicting injuries that exceeded the level of bodily harm typically associated with the offense. During the hearing, Bon- ney's family members repeat- edly emphasized that the long sentence was one of few small consolations in a terrible ordeal. Speaking to Judge Sullivan, Bonney's father, Gene Klingler, said, "I want him behind bars without parole so that every day of his life he will remember what he did." Brush, 47 at the time of the murder, spent about three months in Pacific County Jail before being transferred to await his trial in a Washington State Prison near Shelton in Janu- ary 2010. So far, he has served about 70 months behind bars. Before the Court of Appeals ruling, he was theoretically due for release no later than 2097, at the unattainable age of 135. This amounted to a life sentence. Unless one or more of the aggravating factors is re-estab- lished by the Washington Su- preme Court, Brush's sentence would likely be reduced to no more than 320 months — 26 years and 8 months — with credit for time already served. In addition, in Washington state inmates typically receive one-third off their sentences for "good time" — time served without major disciplinary problems. Taking all this into consideration, he could end up being released at the age of about 65, if he is sentenced to the top end of the standard range and has avoided prob- lems in prison. N O R T H W E S T URGENT CARE a smartER alternative Life 't Why Were Heref Come vi$it MJ for a((yom* fteaftftcare Our friendly and dedicated Physicians and Physician Assistants are available for all of your routine healthcare needs, not just for emergency situations! EDWARD STRATTON —The Daily Astorian Hotelier Brad Smithart, who operates Astoria Riv- erwalk Inn through Hospi- tality Masters, owes a lot of money to the Port of Astoria, city and Clatsop County. If you're suffering from a headache, toothache, earache, backache, any illness or injury, are in need of a refill of your prescription medications, or even a sports physical or DOT physical, our dedicated staff is here to assist you! We are open 7 days a week from 9:OOam to 7:OOpm. We are located in the Park Medical Building East on Exchange Street. We accept most insurances, offer a cash discount and also accept the Oregon Health Plan and Medicare. V \&SJj$iL''.&* We observe the following holidays & are closed on July 4th, Thanksgiving, Christmas & New Year's Day. i i • r i r ; 503-325-0333 JOSHUA BESSEX —The Daily Astorian The Astoria Riverwalk Inn as seen from the West End Mooring Basin Thursday. Vtift our site to compare our fow cost pricing to E"R costs! www.urgentcarenwastoria.com