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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Aug. 11, 2018)
REGION Saturday, August 11, 2018 HERMISTON East Oregonian Page 3A Family of dead EOCI inmate loses lawsuit tomatic rifle. There were 189 inmates in the yard at the time, and the assault The family of Jayson was going on less than a Mathew Withers lost its minute. Frates asserted he wrongful death feared Sexton “was in immi- lawsuit against nent danger of the local cor- rectional offi- serious bodily cer who shot and injury or death.” killed him. He fired one Withers was .223 caliber bul- let at Withers, an inmate at who was vio- Eastern Ore- gon Correctional lently assaulting Sexton, accord- Institution, Pend- leton. The morn- Withers ing to court doc- ing of Aug. 29, uments, and the 2014, Withers and inmate round struck Withers in Cameron Hayes, accord- the neck. ing to court documents, Withers was the first attacked inmate Eric Sex- inmate in more than 30 ton in one of the outdoor years to die from gunfire prison yards. A corrections from a tower within a state officer in the guard tower prison. The trial began July 30 shot Withers, killing him. in Pendleton and went to He was 26. Withers’ mother, Kris- the jury Tuesday. The jury ten Wilson, filed the law- had to answer one question suit in August 2016 in fed- according to court records: eral court seeking more Was the use of deadly than $3 million. The law- force not justified? suit identified Charles The jury’s answer was Frates as the officer who “No.” Oregon State Police pulled the trigger and alleged he used unneces- investigated the shoot- ing at the time and turned sary force. Frates saw the fight over the findings to Uma- from his position in the tilla County District Attor- tower, according to court ney Dan Primus, who pre- documents, then took a sented the case to a grand closer look through the jury. That jury found four-power scope on the Frates was justified in the Ruger Mini-14 semi-au- use of deadly force. By PHIL WRIGHT East Oregonian Contributed photo by Nate Rivera City of Hermiston and Greater Hermiston Area Chamber of Commerce staff hand out free watermelons in Port- land’s Pioneer Square on Friday. New councilor to swear in Monday City will discuss eminent domain, noise ordinance By JADE MCDOWELL East Oregonian The Hermiston City Council has a busy agenda for Monday, including a new noise ordinance and con- sidering the use of eminent domain to acquire land for a new water tower. If the council votes to suspend its normal rules for appointing a new councilor, it will also begin the meet- ing by swearing in Roy Bar- ron as a new city councilor. Barron was elected to replace Clara Beas Fitzgerald when her term ends in January, but she resigned last month. The council will consider forgo- ing the usual open applica- tion and selection process to fill the remaining four months in light of Barron’s election. Land needed for million-gallon tank The city will consider using eminent domain to acquire 1.5 acres of pri- vately owned land on the corner of Punkin Center and Northeast 10th Street. If a government entity and a landowner cannot come to an agreement for the land- owner to sell, the govern- ment entity can declare a public necessity and pur- chase the land for fair mar- ket value over the objections of the landowner. In this case, the city needs the land for a 1 million gallon water storage tank as part of a planned water project that would encourage new hous- ing development by mak- ing it more cost-effective for developers to bring in util- ities. According to a news release, the city only has enough water storage for 36 hours of water and the water tower is also needed to help the city be more prepared for a sustained power outage or other emergency. “Anderson-Perry & Asso- ciates Engineering exam- ined four alternative ways to address these needs, and determined that a site at the corner of NE 10th and Pun- kin Center Road was the only location with sufficient elevation, in close enough proximity to existing infra- structure, to viably address the issues,” the release states. The “resolution of neces- sity” being considered Mon- day would allow the city to start the legal process of acquiring the land if the city cannot come to an agreement with the property owner. Too loud at EOTEC? The amended noise ordi- nance the city will consider Monday would change the way nuisances are mea- sured. Instead of measur- ing decibel levels, the city would consider it a violation when it deemed a noise “so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any individ- uals within the residential area from which said noises are heard” or when the noise unreasonably disturbs the comfort or health of “rea- sonable individuals of ordi- nary sensitivity.” Neighbors of the East- ern Oregon Trade and Event Center have made com- plaints about events at the center violating the noise ordinance over the past two years, and neighbor Chris Waine requested that the city consider adjusting its noise ordinance, asserting that the type of noise measurements the city used did not account for pounding bass from music being played at the center during weddings and other events. Neighbors who live in the county but are complaining about noise in city limits across the street have also been told that nei- ther the county’s or city’s ordinance applies to their situation; the amendments suggested by staff would make it clear that noise gen- erated inside the city would be considered regardless of whether the people affected were inside city limits. Other business • A public hearing and vote on an ordinance that would regulate accessory dwell- ings such as guest houses, basement apartments and dwellings over garages. The ordinance would place reg- ulations including an acces- sory dwelling permit, pro- viding off-street parking and a separate entrance for the dwellings. It also accounts for a change in state law that would allow people to charge rent for such dwell- ings, which the city had pre- viously banned. • A proposal to create lacrosse fields at the East- ern Oregon Trade and Event Center • A 6 p.m. work session to hear from state Senator Bill Hansell • An executive session to discuss real property transactions ——— Contact Jade McDowell at jmcdowell@eastorego- nian.com or 541-564-4536. Hermiston man arrested while out on bail East Oregonian Esteban Muniz Agui- lar of Hermiston faces new charges for harassing and molesting a woman. Aguilar, 31, also goes by other names, including Esteban Salas. As Salas, he pleaded not guilty on July 18 to four counts of first-degree sexual abuse involving a vic- tim in Hermiston. The Uma- tilla County District Attor- ney’s Office alleged Salas molested a girl younger than 14 from late June 2017 to about mid-March 2018. He posted $10,000 bail on July 24 to get out of the jail, and ended up back there Thursday. The Boardman Police Department investigated a case Thursday morning and developed probable cause to arrest Aguilar. Hermiston Police Chief Jason Edmiston reported Boardman police had one officer on duty at the time and sent the prob- able cause affidavit to his department. “We obviously had a vested interest, if you will, because of our investigation earlier,” Edmiston said. Hermiston detectives searched for Aguilar/Salas and caught him at a traffic stop. The Morrow County District Attorney’s Office charged him with third-de- gree sexual abuse, harass- ment and trespassing, according to court records. His arraignment on the new charges was Friday. 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The East Uma- tilla Rural Fire Protec- tion District at 9:30 p.m. responded to a fire above Upper Dry Creek Road and Highway 11. East Umatilla and the fire department from Helix sent six units, and the Mil- ton-Freewater Rural Fire Department arrived with six units. East Umatilla also reported the Oregon Department of Forestry and the Bureau of Indian Affairs sent units. The fire consumed about 40 acres of tall grass and stubble. East Umatilla kept crews at the scene follow- ing mop-up in case any spots reignited. “Working together on all these fires has given us a good rapport with all surrounding agencies,” East Umatilla stated in its report on the fire. “When we need help, they come out of the woodwork and when they need help, we do our best to assist in any way we are capable of.” 8/10-12 8/13-14 Cineplex Show Times Cineplex Show Times $5 Classic Movie • 8/15 • 12pm $5 Classic Movie • 8/15 • 12pm The Key The Key $5 Children’s Classic Movie • 8/15 • 10am Chicken Run Free Small Popcorn & Small Soda $5 Children’s Classic Movie • 8/15 • 10am Chicken Run Free Small Popcorn & Small Soda THE MEG [PG13] 11:40* 2:10* 4:40 7:10 9:40 THE MEG [PG13] 4:40 7:10 9:40 HOTEL TRANSYLVANIA 3 [PG] 11:30* 1:50* 7:00 HOTEL TRANSYLVANIA 3 [PG] 7:00 CHRISTOPHER ROBIN [PG] 11:50* 2:20* 4:50 7:20 9:50 CHRISTOPHER ROBIN [PG] 4:50 7:20 9:50 THE SPY WHO DUMPED ME [R] 1:20* 4:10 6:40 9:20 THE SPY WHO DUMPED ME [R] 4:10 6:40 9:20 MISSION IMPOSSIBLE - FALLOUT [PG13] 12:30* 3:40* 6:50 10:00 MISSION IMPOSSIBLE - FALLOUT [PG13] 3:40* 6:50 10:00 SKYSCRAPER [PG13] 4:00 9:30 SKYSCRAPER [PG13] 4:00 9:30 * Matinee Pricing * Matinee Pricing wildhorseresort.com • 541-966-1850 wildhorseresort.com • 541-966-1850 Pendleton, OR I-84 - Exit 216 Pendleton, OR I-84 - Exit 216 WE HEAR YOU! 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