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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (May 14, 2015)
REGION Thursday, May 14, 2015 BRIEFLY 8QGHUJURXQG FRPHVDOLYH PENDLETON — More than 75 actors bring the Pendleton Underground Tours to life this weekend. In the fundraising production, the event Comes to Life Saturday with special 2-hour tours at 31 S.W. Emigrant Ave., Pendleton. Reservations are required. Open to adults only, tickets are $50 per person. For more information, call 541-276-0730 or visit www.pendleton undergroundtours.org. 5XPPDJHVDOH WREHQH¿W8+6 VHQLRUFODVV UMATILLA — Donations are being accepted for a rummage VDOHWREHQH¿WWKH Umatilla High School senior class. Donations can be dropped off Monday through Friday during business hours at the GLVWULFWRI¿FH6L[WK St., Umatilla. In addition, items will be accepted Friday, May 22 from 6-9 p.m. Also, arrangements can be made to pick-up large donations Sunday, May 17. To make arrangements, call 541-720-5571. The event is Saturday, May 23 from 8 a.m. to 5 p.m. in the parking lot at WKHGLVWULFWRI¿FH0RQH\ raised from the event will help support the senior trip and the safe, sober graduation night event. )DLUVFKRRO GLVFXVVWUDQVLWLRQ SODQQLQJ HERMISTON — Members of the Umatilla County Fair board will meet for a work session to discuss transition planning with Hermiston School District representatives. The session, which is open to the public, is Monday at 10 a.m. at WKHIDLURI¿FH: Orchard Ave., Hermiston. For more information, call 541-567-6121. 7DLFKLWUDLQLQJ FRXUVHIRUIDOOV SUHYHQWLRQ PENDLETON — An instructor training course for falls prevention for older adults is being offered free of charge in Pendleton. The Oregon Public Health Division is sponsoring the two-day course in Tai Chi: Moving for Better Balance (also known as Tai Ji Quan: Moving for Better Balance) Monday and Tuesday from 9 a.m. to 4 p.m. in the gym at the Harris Junior Academy, 3121 S.W. Hailey Ave., Pendleton. Attendance is required at both days for FHUWL¿FDWLRQ7KHJHQWOH ¿WQHVVFODVVLVGHVLJQHG for older adults to reduce the risk of falling. People may partner with CAPECO as a volunteer instructor in Umatilla and Morrow Counties. As a volunteer instructor trainee, mileage reimbursement to attend the training could be available. For more information, contact Helena Wolfe at hwolfe@capeco-works. org or 541-561-5443. For more information about the class, contact Lisa Shields at lisa.m.shields@state. or.us or visit www. healthoregon.org/ fallprevention. East Oregonian Page 3A -XU\¿QGVIRUVRFLDOZRUNHULQ.HUE\WULDO By PHIL WRIGHT East Oregonian A jury in a federal civil trial in Pendleton vindicated a state social worker who prevented a Milton-Free- water man from returning home in 2011 after he was acquitted of raping his daughter. Gay Davis, an Oregon Depart- ment of Human Services case worker in Pendleton, celebrated the victory with smiles and hugs with her state justice department attorneys Tuesday afternoon at the John F. Kilkenny United States Courthouse, Pend- leton. Randell Kerby, the man who brought the lawsuit accusing Davis of violating his civil rights, said the outcome was another example of how untouchable government workers are. The federal lawsuit and subse- quent civil trial stemmed from Davis confronting Kerby in September 2011 in the parking lot of the Umatilla County Courthouse, Pend- leton, moments after he prevailed in a criminal trial in circuit court. The jury LQWKDWFDVHZDVXQDQLPRXVLQ¿QGLQJ Kerby not guilty of multiple sex crimes against his adopted daughter. Yet Davis warned Kerby if he were to return home to his family he could face consequences because state human services still considered him a threat to his other children. Attorneys in the civil case gave closing arguments Tuesday morning. Kristina Holm, Kerby’s Port- land-based lawyer, delivered a logic- based presentation to the six-member jury. She asserted Davis had no lawful basis to prevent Kerby from going home and in doing so violated his constitutionally protected family rights. She said the Kerbys sought $20,000 per person in their family for compensatory damages and $40,000 each in punitive damages for a total of $240,000. Dirk Pierson with the Oregon Department of Justice represented Davis. Pierson pulled at the jury’s emotions and appealed to their sense of right and wrong. “Make no doubt ladies and gentlemen, he raped her, and he raped her again, and he raped her again and he raped her again,” Pierson insisted, pointed at Kerby sitting on the court- room benches. “That’s not emotion, that’s the fact.” Davis did not want Kerby to go home because he was grooming his other daughter “to be his next rape victim,” Pierson said. Davis’s conduct was in accord with a judge’s orders to have Kerby complete testing to show if he was dangerous and seek treatment if necessary. The jury went out at about noon Tuesday and returned at about 2:40 p.m. with the verdict. The jury found Davis prevented Kerby from going home, and she lacked a valid court order granting her any authority to do so. However, the jury also found Davis was MXVWL¿HG LQ EORFNLQJ .HUE\¶V UHWXUQ because it would create “exigent circumstances,” or imminent danger, to his other children. The determination of exigent circumstances was the key to ending the case. Once jurors marked “yes” to that box on ballots, they did not have to address any more issues. Wyden introduces bill to ,PQDKDRQDOHUW boost biomass production DVDUPHGPDQ Wallowa company recently received USDA grant companies to expand their work in the wood energy market. One of those grants went to Integrated Biomass Resources, of Wallowa, which uses byproducts from By GEORGE PLAVEN the local Wallowa-Whitman East Oregonian National Forest to make woody biomass. U.S. Sen. Ron Wyden, 6SHFL¿FDOO\ ,QWHJUDWHG D-Oregon, has introduced Biomass received $246,000 a bill that would promote to design a system trapping using wood waste such as steam that would otherwise branches, roots and small-di- escape from their existing ameter trees as a source boiler and use the heat to of energy for homes and PRUHHI¿FLHQWO\GU\VDZGXVW businesses. for compressed logs. The Bioenergy Act of Company President 2015 calls for a collabo- David Schmidt said the rative working group and Bioenergy Act could be cost-share grant programs another step to supporting between the Department of the economic viability of Energy and Forest Service their business. to help design technologies “If we’re ever going to for turning forest clutter reach a point where biomass into more environmentally value supports forest friendly biomass. restoration, we’re going At the same time, Wyden to need scalable, localized said the bill would create processing and markets,” jobs in rural communities Schmidt said. “This program and provide an incentive to could be a great step in that clean up overgrown forests, direction.” thereby lessening the risk of By establishing a working ODUJHGHVWUXFWLYHZLOG¿UHV group between federal agen- “This bill will reduce cies, the bill attempts to spur ZLOG¿UH ULVNV E\ SXWWLQJ WR greater interest in developing good use the hazardous fuels economical and sustainable that overcrowd our forests, ways to use wood for heat and create jobs in rural and power. The bill also Oregon by making it easier establishes a pair of grant to take biomass projects programs — $30 million at from the woods to other the Department of Energy, parts of the country,” Wyden $10 million at the Forest said in a recent statement. Service — to support tech- The announcement came nologies and proposals for MXVW¿YHGD\VDIWHUWKH)RUHVW creating biomass. Service awarded $1.5 million According to the bill, to Oregon and Washington ZLOG¿UHV EXUQHG PLOOLRQ acres of forest in 2013 while the federal government spent ELOOLRQ RQ ¿UH¿JKWLQJ Using more wood waste for biofuels could help tame VRPH RI WKRVH UDJLQJ ¿UHV by thinning away years of overgrowth, Wyden said. Biomass is also a low-carbon alternative to fossil fuels, Wyden said. About 30 percent of U.S. carbon dioxide emissions come from heating and elec- tricity generation. In Oregon, the state’s ODVW UHPDLQLQJ FRDO¿UHG power plant in Boardman is expected to close or switch to another source of fuel by 2020. Portland General Electric is currently studying different types of biomass that could be an option to sustain the relatively young plant. Bruce Daucsavage, presi- dent of the Ochoco Lumber Company, expressed support for Wyden’s bill in a state- ment, saying a coordinated strategy of public and private investment could help make biomass more attractive. “New project develop- ments will enable product introductions and establish new markets for these products,” Daucsavage said. “These markets have the potential to produce signif- LFDQW EHQH¿WV IRU QHZ UXUDO job creation, energy conser- vation and climate change.” ——— Contact George Plaven at gplaven@eastoregonian. com or 541-564-4547. PENDLETON 6XQULGJHSULQFLSDOWRUHSODFH GHSDUWLQJFXUULFXOXPFRRUGLQDWRU East Oregonian One longtime Pendleton School District employee out, another longtime district employee in. Assistant Superintendent Trica Mooney said Tuesday that Laura Miltenberger, the curriculum, instruction and assessment coordinator will resign her position. Sunridge Middle School Principal Matt Yoshioka is set to take her place. Miltenberger is leaving Pendleton to take a similar position at the Washougal School District in Wash- ougal, Wash., a town of more than 14,000 located northeast of Portland. Miltenberger has been a district employee for 24 years, having taught at Lincoln Primary School, West Hills Intermediate School, Hawthorne Elemen- tary School and McKay Creek Elementary School. From 2007 to 2012, Miltenberger was the principal of McKay Creek, after which she retired and took a part-time job as the district’s curriculum coordi- nator, which was eventually Got an hour? He lives alone and can no longer prepare his meals. He could use someone to deliver a warm meal. You could be that someone. It only takes an hour to give back to seniors. Call CAPECO today! 541-278-5682 expanded to a full-time position. Taking over for the departing Miltenberger is Yoshioka, who has helmed Sunridge since 2009 when former principal Jon Peterson became superintendent. Yoshioka’s promotion to WKH GLVWULFW¶V FHQWUDO RI¿FH ZLOO EH WKH ¿UVW WLPH KH KDV worked outside of Sunridge since he moved to Pendleton from La Grande in 2000. Previous to being principal, Yoshioka was Sunridge’s vice principal for two years and a sixth grade teacher for seven. Mooney called Milten- berger “a real talent” while also singling out Yoshioka’s “strength in curriculum,” which would help him adjust to the job. In addition to his new coordinator role, Mooney said Yoshioka will also serve as the interim principal at Lincoln in its last year as a school. Starting next year, current Lincoln Principal Lori Hale will become the principal at the newly renovated Pend- leton Early Learning Center, which will house the district’s centralized kindergarten. After the next school year, Lincoln will be converted to WKHGLVWULFW¶VFHQWUDORI¿FH With Yoshioka’s promo- tion, the district continues to hire internally when looking for administrative candi- dates. Including Yoshioka, DOO¿YHRIWKHDGPLQLVWUDWRUV working from the central RI¿FH KDYH EHHQ KLUHG IURP within the district. The district is currently accepting applications for the soon-to-be-vacated principal position at Sunridge. According to the district’s job description, the applica- tion deadline is May 22, with interviews to be held May 27 and May 28. The district will select a new principal June 1. WELCOME ROTARIANS! We are proud to offer affordable, Traditional Ranch Cookin’ ~ something for everyone, including USDA PRIME STEAKS•FIRE ROASTED SALMON COWBOY CORDON BLEU•CHICKEN MARSALA•BABY BACK RIBS LARGE GROUPS WELCOME! HVFDSHVWRZRRGV By KATHLEEN ELLYN Wallowa County Chieftain The tiny community of Imnaha remains on alert after an armed man allegedly threatened to shoot his girlfriend, her son and law enforcement on Monday. He then disappeared into the Hells Canyon National Recre- ational Area near remote Imnaha River Woods armed ZLWK VHYHUDO ¿UHDUPV DQG 300 rounds of ammunition. The man, Scott Fouste, 53, remains at large at press time. Wallowa County 6KHULII¶V 2I¿FH LQLWLDOO\ responded to a 911 call from Shirley Scott, 63, of Imnaha River Woods at approxi- mately 5:30 p.m. Monday. Scott allegedly reported that Fouste had threatened her and her grown son, Jason Scott, 41, with a gun, had attempted to gain entry by cutting a door with a chainsaw, and had then retreated to the woods armed with a .22, a shotgun, a .357 Magnum, and approximately 300 rounds of ammunition. Scott said she had frightened )RXVWH RII E\ ¿ULQJ VHYHUDO gunshots. Wallowa County Sheriff Steve Rogers said that he began calling for backup as he and his deputies, available 2UHJRQ6WDWH3ROLFHRI¿FHUV )LVK DQG :LOGOLIH RI¿FHUV and Wallowa County Department of Emergency Services raced toward the location, nearly 65 miles east of Joseph via the Imnaha Highway. Oregon State Police SWAT team responded from a training conference in Bend but were slowed by rain and dangerous driving conditions. They arrived on the scene within four hours, Rogers said, but a requested armored vehicle was still hours behind. “I knew this was going to be ugly and I wanted to use their armor to pull up to the door of the house and pull the victim out,” said Rogers. Rogers had set up a command post at Sheep Creek Hill approximately 7 miles east of Joseph, where he had cell phone service. From there he could communicate with backup and use the SAT phone supplied by Wallowa EMS to communicate with his on-sight supervisor, Deputy Fred Steen, who is a former Wallowa County Sheriff. Steen had approached the crime scene via a different route and set up his team about 4 miles from Imnaha River Woods. Law enforcement closed Upper Imnaha River Road from Freezeout Bridge to the Wallowa Mountain Loop Road and sandwiched the crime scene between two JURXSVRIRI¿FHUV “That was the hardest command I’ve ever done,” Rogers said. “When your guys are 50 miles away in the dark with that kind of danger (my position) is not a comfortable spot. Any time your team is in danger, and you sent them there, it’s not a good spot.” The team remained in contact with Shirley Scott, who was reluctant to leave her home. As Rogers waited for the armored vehicle to arrive and provide suitable cover for an extraction, the incident “blew back up,” according to Rogers. At approximately midnight, the suspect returned with a ¿UHDUPWKUHDWHQLQJWRVKRRW Scott and law enforcement RI¿FHUV$WWKDWSRLQW'HSXW\ 6WHHQRUGHUHGRI¿FHUVXQGHU his command to converge on the home and rescue the victim and her son. Up on Sheep Creek Hill, Rogers supported the decision and LQIRUPHGRI¿FHUVZKRFRXOG not hear Steen’s radio to move in concert with the rescue mission. “In that kind of a situation you have no choice. You have to protect the victims,” Rogers said. :KHQ RI¿FHUV DUULYHG DW Scott’s home they found the suspect had again taken to the woods. Scott and her son were removed to safety, the SWAT armored vehicle was canceled and the SWAT team returned to Bend. Shirley Scott chose to return to her home Tuesday morning, despite the fact that Fouste was still at large. A warrant is out for Fouste’s arrest, but as of late Wednesday he remains on the lam. Nancy and Bill Acoustic Duo featuring soft rock, country and easy listening Sat., May 16, 2015 7 pm - 10 pm 304 SE Nye Pendleton 541-276-6111 S V O T E usan for Hamley Saloon open at 4 PM DINNER in STEAKHOUSE at 5 PM Call For Reservations 541.278.1100 HAMLEY CAFÉ 8 AM - 4 PM Breakfast 8 AM- 11 AM - • Lunch 11 AM - 3 PM H AMLEY S TEAK H OUSE & S aloon M A I N & C O U R T • D O W N T O W N P E N D L E T O N • 5 41 - 2 7 8 - 1 1 0 0 BMCC BOARD OF EDUCATION Informed 7 Dedicated 7 Experienced www.facebook.com/SPlass4BMCC P a i d f o r b y F R I E N D S O F S U S A N P L A S S , L o n n i e R e a d , Tr e a s u r e r
