BAKER CITY HERALD • SATuRDAY, MAY 7, 2022 A3
LOCAL & STATE
Prosecutors accused by defense of
withholding evidence in rape trial
Smith also argues that his
accuser was a close friend of
the Mobleys and Komning.
After a 21-month investiga-
tion found that Abigail Mob-
ley committed eight violations
of the department’s code of
conduct, ranging from abuse
of her position to conduct
unbecoming an officer and
neglect of duty, she resigned
from the Sheriff ’s Office on
Dec. 26, 2021, following a 30-
day suspension.
Abigail Mobley, who was on
paid leave throughout the in-
vestigation, was not found to
have used illegal drugs.
BY STEVEN MITCHELL
Blue Mountain Eagle
A Circuit Court hearing
on a motion to dismiss crim-
inal charges against a former
Grant County sheriff’s deputy
accused of assault, attempted
rape and child neglect got un-
derway on April 20, with de-
fense attorneys claiming that
prosecutors had been with-
holding crucial evidence that
could clear their client of any
wrongdoing.
The trial of Tyler Smith,
slated to begin in late Octo-
ber, was abruptly put on hold
to give defense attorneys time
to sift through hundreds of
pages of discovery materials
filed just one day earlier by the
prosecution.
Those materials consisted
mostly of internal documents
and reports from the Grant
County Sheriff’s Office, which
fired Smith in December 2019,
three months after his arrest
on the charges in this case.
There were also two recorded
interviews with Smith’s ac-
cuser, including one in which
she acknowledged placing a
tracking device on Smith’s ve-
hicle and keeping the Grant
County Sheriff’s Office in-
formed of his whereabouts.
Andrew Coit, one of Smith’s
attorneys, said the prosecu-
tion had committed an egre-
gious violation of the Brady
Rule, which requires exculpa-
tory evidence — information
that could acquit a defendant
in a criminal case — to be
turned over to the defense by
the government.
The Brady Rule is named
after the 1963 U.S. Supreme
Court case Brady v. Maryland.
In a motion to dismiss with
prejudice filed with Grant
County Circuit Court on April
29, Coit argued the prosecu-
tion had suppressed evidence
favorable to the defense for
nearly two and half years.
Jamie Kimberly, an assistant
Oregon attorney general act-
ing as a special prosecutor in
the case, said prosecutors were
unaware of the October dump
of discovery materials until the
last minute.
Lawsuit
Continued from Page A1
In court records, the school
district “denies that Plain-
tiff Katrina Fast’s volleyball
placement had any connec-
tion to Plaintiff’s reports about
her coach made the prior
school year.”
Katrina and Roberta Fast
complained about Wilson to
multiple district officials in
January 2019, after Katrina’s
sophomore volleyball season
in the fall of 2018, according to
the lawsuit.
In an April 2020 interview,
not long after filing the lawsuit,
Middleton, the Fasts’ lawyer,
told the Herald that Katrina
Fast “is an incredibly brave
and strong young woman.
She should have been listened
to sooner. The school district
needs to be held account-
able for taking a brave, strong
young woman and attempting
to squash her dreams.”
Katrina Fast also played for
a club volleyball team. After
graduating from Eagle Cap In-
novative High School in Baker
City in 2021, Fast enrolled at
Iowa Lakes Community Col-
lege in Estherville, Iowa, where
she played setter and led her
team, and was fifth in her con-
ference, in assists.
In April 2022 Fast signed a
letter of intent to transfer to
Warner Pacific University in
Portland, her parents’ alma ma-
ter, to continue her college vol-
leyball career this fall.
After the Fasts expressed
concerns about Wilson to dis-
trict officials, including super-
intendent Mark Witty, Witty
fired Wilson as head volley-
ball coach and assistant base-
ball coach on Feb. 25, 2019.
The firing was appealed to the
Baker School Board, which up-
held Wilson’s termination on
March 19, 2019.
During the meeting, Wil-
son’s supporters criticized the
way the issue was handled and
extolled Wilson’s character and
coaching abilities. A member
of the volleyball team urged the
Board not to act based on com-
ments from a few players who
were dissatisfied with the coach
and how much playing time
they had been given.
The Fasts, in their lawsuit,
contended that district officials,
Conflicting testimony
One of the recorded inter-
views with Smith’s accuser
was conducted by Komning
on June 20, 2019. The date of
the interview, according to
Smith’s other defense attor-
ney, Andrea Coit (wife of An-
drew), is important.
In Smith’s federal lawsuit
for wrongful termination
and civil rights violations, he
states that Palmer called him
Steven Mitchell/Blue Mountain Eagle into his office that day and
Tyler Smith, a former Grant County sheriff’s deputy accused of at-
berated him, saying he knew
tempted rape and other crimes, appears in Grant County Circuit Court that Smith planned to make
allegations about Abigail Mo-
April 20, 2022. Smith’s attorneys made a motion to dismiss the case
after the prosecution submitted 300 pages of evidence late in the dis- bley in an upcoming inter-
view with the Department of
covery process.
Justice, which was investigat-
She said she had only be-
Dec. 17, 2019, several months ing her.
Komning testified that
come aware of the recordings
before having an opportunity
Zach Mobley had called him
after reviewing the defense’s
to enter a not guilty plea on
in on his day off to come
witness list. She said as soon as April 30, 2020.
into the Sheriff ’s Office and
she found out about the taped
Smith maintains that the
Palmer told him to interview
interviews, she retrieved them criminal charges against him
Smith’s accuser and the accus-
from Grant County Sheriff’s
were part of a plan by former
er’s coworker.
Sgt. Danny Komning the day
Grant County Sheriff Glenn
According to Komning,
before the trial was set to begin. Palmer, Undersheriff Zach
Palmer told him Smith had
All along, however, the pros- Mobley, Mobley’s wife, Abi-
been seen “spying” on the
ecution has argued that Smith’s gail, and Komning, her older
personnel file and items related brother, to have him removed Mobleys. Additionally, Komn-
ing testified that Palmer was
to it are not relevant to the case from the Sheriff’s Office and
concerned about the safety of
since the Oregon State Police, get him arrested.
not the Grant County Sheriff’s
That plan, Smith asserts, was Smith’s accuser and Smith’s
children.
Office, investigated the crimi- in retaliation for allegations
In a court hearing last week,
nal allegations.
Smith made to the Oregon
Department of Justice on July Palmer testified that he did
not recall having a conversa-
How we got here
31, 2019, that Abigail Mobley
Smith was arrested on
had used illegal drugs and had tion with Komning about in-
vestigating Smith regarding
charges of attempted rape,
a sexual relationship with an
safety concerns or the alleged
fourth-degree assault and
inmate incarcerated for drug
spying on the Mobleys.
child neglect on Sept. 9, 2019, crimes while she was a jail
and then fired by the Grant
deputy with the Grant County
See, Trial/Page A6
County Sheriff’s Office on
Sheriff’s Office.
“We thank former District student Katrina Fast for coming
forward and sharing her concerns. The District acknowledges
the contribution of Ms. Fast and her efforts to effect change
to protect others. Katrina serves as an example of how one
person’s dedication can positively impact a community. We are
committed to protecting all students in our District.”
— Part of statement from Baker School District following the recent
settlement of a lawsuit filed by Katrina Fast and her mother, Roberta,
against the district in 2020
following their complaints
about Wilson, “failed to main-
tain the confidentiality of Ka-
trina Fast’s reports.”
The Fasts claim that other
students harassed Katrina Fast,
and that district officials didn’t
try to find out how students
learned that Katrina had com-
plained about Wilson.
Katrina Fast, according to
the lawsuit, “suffered signifi-
cant emotional distress from
the harassment; the humil-
iation, embarrassment, and
shame of not playing with her
teammates; lost friendships;
missed school time; the failure
of her school to respond to her
reports or to protect her; and
reputational damage. Plain-
tiff Roberta Fast suffered the
emotional distress of a parent
watching her daughter suffer
unfairly because of Defen-
dant’s unlawful acts.”
Lawsuit was nearing a
trial date
As recently as April 4, 2022,
both Middleton and the school
district’s attorney, Kim Hoyt of
Salem, jointly filed a pretrial
order in which they agreed to
certain facts.
On March 17, 2022, the at-
torneys filed a document in
court starting that the parties
had mediation sessions on
March 23, 2020 — before the
Fasts filed the lawsuit — and
again on August 9, 2021, af-
ter the lawsuit was filed. Both
were unsuccessful, according
to the document.
“The parties have completed
extensive paper discovery and
depositions and are currently
preparing for trial,” the March
17 document reads. “After
good faith settlement attempts,
the parties have failed to settle
their dispute and do not be-
lieve ADR (Alternative Dis-
pute Resolution) will assist in
the resolution of this case.”
The trial had been set to
start May 17.
The Fasts’ lawsuit notes that
Wilson was kept on as a BHS
volleyball coach after he had
been disciplined by the Or-
egon Teacher Standards and
Practices Commission (TSPC)
in November 2017. The dis-
cipline was imposed after the
School District investigated a
complaint against Wilson for
alleged “inappropriate teacher/
student boundaries” in regard
to his interaction with student
athletes in his role as BHS girls
JV basketball coach in 2015.
Wilson signed a stipulated
agreement on Sept. 23, 2017,
in which TSPC found that his
actions constituted “gross ne-
glect of duty,” in violation of
state law.
His teaching license was sus-
pended for 60 days and he was
placed on two years’ probation.
James Thompson
September 29, 1945 - April 24, 2022
James Thompson,76, of Baker
City, OR died Sunday, April
24, 2022, at Ashley Manor. A
celebration of his life and reception
will be held on Sunday, May 15 at
1 p.m. at the Eagles Lodge, 2935 H
St. in Baker City.
Jim was born September 29,
1945, in Malta, MT, where he
was raised and educated. Prior
to graduating high school, Jim enlisted into the Navy
where he proudly served for 6 years specializing as an
electronics technician.
After an honorable discharge, he lived in San Diego,
CA and attended San Diego State University where he
earned his degree. During this time, he worked as a
professional bowler and was often featured on television
competing in various bowling tournaments. Following
college, he went to work for Xerox. Jim stayed in San
Diego for 15 years. He then moved to Pendleton to be
closer to his biological father, whose health was failing.
Jim was later transferred by Xerox to Baker City.
Jim loved riding motorcycles and visiting with his
friends at The Beerded Dog. He also enjoyed golfing,
fishing, traveling and the outdoors. He was an active
member of the Lions Club and the Eagles.
Jim was surely a stubborn man, but he had a heart
for dogs, especially his beloved “Coke.” Coke looked
more like a brown bear than a chocolate lab, and was
always at his side.
Jim and Coke’s final resting spot will be in
Lewistown, MT in the military section of the city
cemetery, where Jim will receive full military honors.
Jim was preceded in death by his father, Lloyd
Thompson; mother, Dorothy Perry and stepfather, Phil
Perry; and his sister, Donna Jennings.
He is survived by his longtime partner of 18 years,
Linda Lang; stepmother, Carrol Perry; sister, Kay Ward;
and half-brothers, Dave Thompson, Rod and Dan Perry.
For those who would like to make a memorial
donation in honor of Jim the family suggests Best
Friends of Baker (animal shelter) through Tami’s Pine
Valley Funeral Home and Cremation Services, P.O. Box
543, Halfway, OR, 97834. Online condolences can be at
www.tamispinevalleyfuneralhome.com.
Lisa Britton/Baker City Herald
Eugene Hawes, a presenter at this year’s “Field to Fork” event at the
Baker County fairgrounds, talks about how technology and mod-
ern equipment help farmers to grow and harvest food.
Soil
Continued from Page A1
The day was presented by
the Baker County OSU Ex-
tension Service and Baker
County Farm Bureau, and the
Baker County Cattlewomen
cooked lunch.
At Miller’s station, titled
“Soil: More than Just Dirt,”
students learned about dif-
ferent conservation practices,
and which style was best at
preventing erosion.
Then they got a tasty les-
son in layers as Miller and her
high school assistant Ryann
Paulsen helped the kids build
an edible soil sample.
The layers were:
• Bedrock: an Oreo cookie
• Parent material: crushed
Oreos
• Subsoil: vanilla pudding
(light in color because it lacks
nutrients)
• Top soil: chocolate pud-
ding
• Litter layer: sprinkles
• Decomposers: gummy
worms and M&M beetles
At the station titled “Plants:
Growing in a Glove,” Jacob
Putney helped students cre-
ate a growing experiment.
Using a plastic glove, the kids
planted grass seed in different
environments to see which
worked best.
One finger was covered
with black tape for “no sun-
light” while one had only a
cotton ball soaked in water.
The “control” finger had
water, seeds, soil and sunlight.
“That one has everything,”
Tehvee Johnson said, holding
up his finished glove.
At the harvesting station,
Eugene Hawes taught stu-
dents about harvesting with
wheat stalks and barrels of
soil hiding potatoes.
Then he talked about how
a farm works, and how farm-
ers use technology to be effi-
cient and save money.
“They have sensors in the
field that will let the farmer
know if the soil needs water,”
he said.
At “Ag Commodities and
Natural Resources” with Alli
Key, the fifth graders tested
their knowledge of cattle
breeds and learned about
the various byproducts, such
as sports equipment, cos-
metics, marshmallows and
chewing gum.
Outside on the grassy area
was the place to learn about
water with Marcy Osborn,
Baker County watermas-
ter, and Holly Kerns, Baker
County planning director.
Osborn asked the kids how
they use water and answers
came quick: shower, washing
hands, brushing teeth, swim-
ming, watering the garden.
“We use it to cook with, we
use it to drink,” she said.
She also covered the im-
portance of water for crops
and livestock, as well as the
water cycle.
Then came a hands-on les-
son in water contamination.
Each small group had four
bottles of clean water. Then
they added contaminants —
rocks, sand, Tang and vinegar
— to discuss if they’d drink it
or not.
Although it smelled good,
Kerns told the kids to think
about if orange water came
straight out of the pipes.
“I’m a thumbs down if
that came out of my tap,”
she said.
George (Eldon) Deardorff
July 22, 1935 - April 23, 2022
George (Eldon) Deardorff, 86,
of Richland, Oregon, passed away
at home on Saturday April 23, 2022,
in the care of his loving family. A
celebration of Eldon’s life will be
held later for family and friends.
Eldon was born July 22,1935,
in Haines, Oregon. His parents
were Charles Deardorff and Frieda
(Russell) Deardorff. Eldon was
raised in a ranching/farming environment and was the
oldest of 3 children. He attended Baker High School.
On April 21, 1957, Eldon married Margaret Colton.
In 1958, their first child, Tonya, was born. From 1961
to 1964 Eldon’s job as a government hunter took them
to Monument, Oregon; Fields, Oregon, and Frenchglen,
Oregon. During this time their second child, Loleta, was
born in 1962. In 1965 they moved back to Baker City
and had another child, Shanna.
In 1968 they bought the farm on Eagle Creek, just
outside of Richland, Oregon, where the extended family
still lives today. In 1977 the family drove the Alcan
Highway to Alaska for summer work and vacation.
In 1979 they bought Cornucopia Wilderness Pack
Station. Eldon was an excellent horseman. He loved
the outdoors and hunting/fishing was one of his greatest
passions. The Pack Station was a way of life that allowed
him to fulfill his love for the outdoors each day. With
his wife Marge by his side, they guided many clients
into the wilderness for an adventure of their lifetime.
Many friendships were developed that still exist today.
The letters are countless of people thanking them for
introducing the wilderness and all its beauty to them.
Eldon was a marksman and has many trophies to
prove it. He also was a talented gunsmith who built his
own gun stocks and reloaded all his (and the family’s)
ammunition.
His love for hunting and fishing was a passion and skill
he passed on to his three daughters and grandchildren.
Another one of Eldon’s great pleasures was dancing
with his wife, Marge. People would clear the dance floor
to watch them gracefully float across the dance floor.
The family is comforted knowing Eldon and Marge
are together once again.
Eldon is survived by his daughters, Tonya Deardorff
and life partner Monica Martinez, Loleta Deardorff and
wife Sherry Wiemann, Shanna Swan and husband Dan
Swan; grandchildren: Ryan Swan and wife Lizzie, Tyler
Swan and wife Kelsey, Tiffany (Wiemann) Tarter and
husband AJ, Marlysa Martinez and Arronn Martinez;
great-grandchildren: Tristin Maw, Hunter Maw,
Ashlynn Tarter and Trinity Tarter, and Dallie Swan;
brothers Floyd “Babe” Deardorff, Larry Deardorff and
wife Cindy; and numerous nieces and nephews.
He was preceded in death by his parentsm Charles
and Frieda Deardorff; his wife, Margaret (Colton)
Deardorff; and his granddaughter, Rachel (Wiemann)
Maw.
Those who would like to make a memorial donation
in memory of Eldon may do so to the Eagle Valley
Ambulance EMT Training Fund through Tami’s Pine
Valley Funeral Home & Cremation Services, P.O. Box
543, Halfway, Oregon, 97834. Online condolences may
be shared at www.tamispinevalleyfuneralhome.com.