THURSDAY, SEPTEMBER 30, 2021 BAKER CITY HERALD — A3 LOCAL Man sentenced for sex abuse The state alleged the crimes took place between Jan. 1, 2012, and Dec. 31, A former Durkee man 2018, in Baker will spend about 10 County. months in prison Two counts of fi rst- after pleading no degree sexual abuse, contest on Sept. 13 to and one count of two charges involv- fi rst-degree unlawful ing sexual abuse of a sexual penetration, child whom he knew. each of which on con- Cecil Allen Sangston viction carry manda- Sangston, 61, of 2341 tory minimum prison Plum St. in Baker sentences, were dismissed as City, pleaded no contest to part of an agreement with the two counts on Sept. 13 — at- tempted fi rst-degree unlawful district attorney’s offi ce. The three counts that were sexual penetration, a Class B felony, and third-degree sexual dismissed are all Measure abuse, a Class A misdemeanor. 11 offenses in Oregon, which carry mandatory minimum A no contest plea has the prison sentences on conviction. same effect as a conviction. The mandatory mini- mum sentence for fi rst- degree unlawful sexual penetration is 100 months, and for fi rst-degree sexual abuse is 75 months. Visiting judge Robert Raschio sentenced Sangston to 17 months on the felony count, but Sangston had been in the Baker County Jail since his arrest on July 31, 2020, and with a reduc- tion for good behavior he has served the full sentence for that charge, Baker County District Attorney Greg Baxter said on Tuesday, Sept. 28. Raschio sentenced Sangs- ton to 10 months in prison on the third-degree sexual abuse count. Baxter said during the sentencing hearing on Sept. 13 that he decided not to proceed with a trial because he would have been limited, in the evidence he could present, because Baker City Police Detective Shannon Regan was the lead investigator in the Sangston case. In late August, Baxter, in court records, said he would not call Regan as a witness in the fi rst-degree murder case against Shawn Quen- tin Greenwood, who was accused of fatally shooting Angela Parrish in Baker City in January 2020. Baxter cited a forensic investigation by the Oregon Department of Justice which concluded that Regan’s police department computer was used in September 2020 to listen to fi ve phone calls between Greenwood and his attorney, calls that were pro- tected by the attorney-client privilege. After hearings in Baker County Circuit Court on Aug. 13 and Aug. 24, Judge Matt Shirtcliff ruled that Regan, who was the lead investiga- tor in the Greenwood case, would not be allowed to testify during any trial of Greenwood due to the phone call issue. On Sept. 3 Greenwood pleaded no contest to three lesser charges and was sen- tenced to 90 months in prison. Baxter said that although there is no evidence that Re- gan acted improperly in inves- tigating the charges against Sangston, the “taint” from the allegations against her in the Greenwood case would have weakened the prosecu- tion’s case against Sangston had there been a trial, which had been scheduled for early December 2021. Baxter said Sangston’s female victim, whom he knew, and her family were involved in discussions about the settlement and were satisfi ed with the outcome. COUNCIL use fetal cells — aborted fetal cells — in development and I feel that that would be a valid basis for a valid religious exemp- tion.” McQuisten agreed, saying employees could “get really reli- gious really, really fast here,” and the state would have to prove they aren’t. According to Oregon Health Authority (OHA) guidelines, employees who claim a religious exception must fi ll out a form “stating that the individual is re- questing an exception from the COVID-19 vaccination require- ment on the basis of a sincerely held religious belief and includ- ing a statement describing the way in which the vaccination requirement confl icts with the religious observance, practice, or belief of the individual.” Cities and other employ- ers, not offi cials at the OHA or another state agency, will review and verify both medical and religious exception forms, said Jonathan Modie, a spokesman for OHA. “It’s not like the city is going to review each and every one, be- cause that’s really not our forte, religious exemptions,” Councilor Johnny Waggoner Sr. said. McQuisten said that in the past two weeks, 23 of Oregon’s 36 counties, including Baker, have passed declarations stat- ing that the vaccine mandate could result in enough health care workers quitting or being fi red that the counties’ ability to respond to traffi c crashes and other emergencies would be jeopardized. McQuisten also said she be- lieves the resolution the Council passed in March 2021, declaring an “economic, mental health, and criminal activity crisis” due to the governor’s COVID-related mandates, has “more teeth” than she originally thought. Baker City’s resolution, the mayor said, has been something of an inspi- ration for other communities that are objecting to the vaccine mandate, which the governor announced in August. “The idea behind that is to overwhelm the system once again so it’s kind of like exactly what we did, but overwhelm with requests that they cannot meet because of the mandates and hope that those will be pushed back,” McQuisten said. Dixon said she believes that if cities and counties band together, with resolutions or declarations opposing Brown’s mandates and highlighting the potential problems the vac- cine mandate could cause with emergency responders, it will put them in a good position. “Everybody’s going to overwhelm them and if it does go to lawsuits, then we’re going to have all these other counties, cities, involved also,” Dixon said. “They’re going to be in the same boat that we are and we’ll be in it together.” Councilor Shane Alderson pointed out that it’s possible that the state, confronted with many cities and counties declaring emergencies, would simply seek federal money to provide the resources the local communities say they might be short of due to the mandate. “That’s something else that we should consider and think about because it may not overwhelm (the state),” Alder- son said. Waggoner said he under- stands Alderson’s point. But Waggoner said that if the city were to take a more aggressive approach with a lawsuit, the burden would then fall on the city. “All we’re doing is kind of playing chess with a bigger dog,” Waggoner said. “And I get the federal part of it, but ... if they want to send the national guard or whoever out to us, that’s to- tally up to them. But while this goes on, these things are still going to be playing out in court.” three also voted for Daugherty during the Sept. 14 meeting. But Alderson’s motion failed, as McQuisten, Dixon and Wag- goner voted no. Each of those three voted for Hughes during the Sept. 14 meeting. Perry sent a letter to the city saying she felt guilty for retiring, and urging council- ors to appoint Daugherty to replace her. McQuisten said she had heard, from residents, that Daugherty allegedly referred to the current councilors as unqualifi ed and inexperienced. “I didn’t make those com- ments,” said Daugherty, who attended Tuesday’s meeting. Dixon said she had talked to a local merchant, whom she didn’t name, who also claimed to hear Daugherty make simi- lar comments. Daugherty again denied say- ing such things. Councilors voted 5-1, with Sells opposed, to remove two other applicants from con- sideration, Michael Meyer and Kara Strutz, as neither received any votes during the Sept. 14 meeting. cinated because they’re among the employees covered by Gov. Kate Brown’s vaccine mandate, Continued from A1 which applies to school and Nancy Staten, director of the health care workers, and some Baker County Health Depart- state employees. She said vaccines, as well ment, said she isn’t convinced that the county is on the down- as precautions such as wearing masks and staying home if you ward trend from the surge, driven by the more contagious feel ill, are the county’s best weapons in the fi ght against delta variant, that started in the virus. late July. “I’m looking foward to seeing Breakthrough cases that, but I haven’t really seen that drop yet,” Staten said. Breakthrough cases are in- fections in people who are fully vaccinated. These have been Vaccinations Baker County’s vaccination less common in Baker County than in Oregon as a whole. rate, as of Tuesday, Sept. 28, From Aug. 1 through Sept. was 51.4% among residents 18 and older, according to the Or- 19, Baker County has had 60 egon Health Authority (OHA). breakthrough cases out of 604 total cases, a rate of 9.9%. In That’s tied with Umatilla County for the sixth-lowest rate the most recent week for which numbers are available, Sept. 12- among Oregon counties. As of Sept. 27, a total of 632 18, the county’s breakthrough case rate was 10.8%. vaccine doses had been given Statewide, the breakthrough in Baker County, just one fewer than were administered during case rate has been 20.2% since Aug. 1, according to OHA data. the whole of August. Both months have had a signifi cant increase in vaccine Age breakdown doses given compared with July, A majority of the county’s when 398 doses were given. cases during September — 69.2% from Sept. 1-27 — were Staten said nurses at the people younger than 50. Health Department have The younger age ranges that noticed that more people are have accounted for the bulk of asking about, and asking for, vaccination since the number of Baker County’s cases during September also have lower vac- cases started to rise. She said some people have cination rates than among older county residents. been waiting because they Following are statistics for wanted to learn more about the vaccines, and decided to be age ranges, starting with the group with the highest share of inoculated. cases from Sept. 1-27. Others know someone who became severely ill after contracting COVID-19, she Ages 10 to 19 said, while others are being vac- This group, which numbers about 1,350 in Baker County, accounted for 21% of cases from Sept. 1-27 — the highest among age groups for that period — and 14.3% from Aug. 16-31. The vaccination rate for this group is 27.6, up from 26.5% on Sept. 14. That includes only residents 12 and older, as younger residents are not eligible to be vaccinated. The statewide average is 60.5%. The vaccination rate for the age range in adjoining coun- ties — Grant, 22.6%; Malheur, 31.8%; Union, 31/3%; Wallowa, 40.8%. Ages 40 to 49 There are about 1,650 residents in this age range in Baker County, and they accounted for about 10.9% of cases from Sept. 1-27, and 11.8% from Aug. 16-31. The vaccination rate for this age group is 46.8%, up from 45% on Sept. 14. The statewide average is 74.9%. The vaccination rate for the age range in adjoining coun- ties — Grant, 42.7%; Malheur, 42.3%; Union, 49.8%; Wallowa, 59.9%. By JAYSON JACOBY jjacoby@bakercityherald.com Continued from A1 be ahead of any legal challenge Baker City might fi le, such as asking a judge to issue an injunction temporarily blocking the mandates. “The other thing I took away from all of this, is there are other legal paths that we could take that are smarter and cheaper because if we go straight for the injunction, then the burden of proof is on us as a city and we’ll very likely lose and it will be very expensive,” McQuisten said. Councilor Joanna Dixon said that in regard to the mandate that health care workers, including city fi refi ghters, be vaccinated by Oct. 18 if they are to keep working, she favors the city using the religious excep- tion that’s an option in lieu of vaccination. “The Tyler Smith town hall, one of the biggest things that I took from that was on the religious exemption,” Dixon said. “Essentially, if you are pro-life, if you are opposed to abortion, I think two of the three vaccines COVID Ages 30 to 39 This group of about 1,950 people had 18.4% of the county’s cases from Sept. 1-27, and 18% from Aug. 16-31. The vaccination rate among county residents in their 30s is 34.6%, up from 33.1% on Sept. 14. The statewide average for that age group is 72.5%. The vaccination rate for the age range in adjoining coun- ties — Grant, 43.5%; Malheur, 32.5%; Union, 50.4%; Wallowa, 52.3%. Ages 50 to 59 There are about 2,300 resi- dents in this age range in Baker County, and they accounted for about 11.2% of cases from Sept. 1-27, and 13% from Aug. 16-31. The vaccination rate for this age group is 46.7%, compared with 45.4% on Sept. 14. The statewide average of 74.6%. The vaccination rate for the age range in adjoining coun- ties — Grant, 41.9%; Malheur, 46.7%; Union, 49.8%; Wallowa, 57.2%. 10% discount (on printed books only) if you are buying a book to participate with a book club Audio & E-Books Available Friday, 10-1-21, we are partnering with the Baker Heritage Museum for First Friday. “Extraordinary Women of Baker County” with Baker Heritage Museum. 5 p.m.--8 p.m. 1813 Main St, Baker City, OR • (541) 523-7551 • https://bettysbooks.indielite.org Council vacancy Councilors tried, and for the second straight meeting failed, to appoint someone to fi ll the vacancy created by Lynette Perry’s resignation, due to health issues, in August. During the Sept. 14 meeting, the six remaining councilors reached a voting deadlock when three voted for one candidate, Thomas Hughes, and three voted for another, former coun- cilor Randy Daugherty. During Tuesday’s meeting, Alderson made a motion to appoint Daugherty. Alderson and councilors Jason Spriet and Heather Sells voted yes. Those 55.2% on Sept. 14. The state- wide average is 78.8%. The vaccination rate for the age range in adjoining coun- ties — Grant, 47%; Malheur, 59.5%; Union, 64.1%; Wallowa, 66.9%. Ages 20 to 29 This group, which numbers about 1,300 in Baker County, accounted for 7.4% of cases from Sept. 1-27, and 14.3% from Aug. 16-31. This age group had the largest drop in percentage of total cases in September, compared with the second half of August. Ages 9 and younger The vaccination rate for There are about 3,000 residents in this age category residents in their 20s is 37.1%, in the county, and they are not up from 34.6% on Sept. 14. The eligible for COVID-19 vaccina- statewide average is 67%. The vaccination rate for the tions. 20-29 age category in adjoin- This age group accounted for about 11.4% of cases from ing counties — Grant, 49.6%; Malheur, 28.2%; Union, 47%; Sept. 1-27, and 3.7% of cases Wallowa, 62.8%. from Aug. 16-31. This group has had the biggest increase in percentage of cases during Ages 70 to 79 September, compared with the There are about 2,200 second half of August. residents in this age group, and they accounted for 7.2% of cases from Sept. 1-27, and 5.6% Ages 60 to 69 There are about 3,100 resi- from Aug. 16-31. The vaccination rate for dents in this age range. They this age range is 68%, up from accounted for 9.8% of cases 67.3% on Sept. 14. The state- from Sept. 1-27, and 14.3% wide average of 87.2%. from Aug. 16-31. The vaccination rate for the The vaccination rate for this age range in adjoining coun- age group is 55.7%, up from ties — Grant, 55.7%; Malheur, 60.3%; Union, 72.5%; Wallowa, 81.6%. Ages 80 and older There are about 1,100 residents in this age category, and they accounted for 2.7% of cases from Sept. 1-27. There were no cases in this age range from Aug. 16-31. The vaccination rate for people 80 and older is 70.1%, up from 69.7% on Sept. 14. This is the highest rate for any group in the county. The state- wide average is 80.2%. The vaccination rate for the age range in adjoining counties — Grant, 46%; Malheur, 61.6%; Union, 59.5%; Wallowa, 64.4%. PICK’N PATCH We will be OPENING on October 1st! Where: Corner of Booth Lane and Lower Cove Road When: Friday and Saturday: 9am-6pm Sunday: 10am-4pm Monday-Thursday: By appointment What you will find: Small corn maze, several varieties of pumpkins and gourds, straw bales, corn stalks. 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