A4 The BulleTin • Wednesday, June 16, 2021
COVID-19
2020 PROTESTS
Portland police
officer indicted
on assault charge
The Associated Press
PORTLAND — A Mult-
nomah County grand jury
has returned an indictment
against a Portland police offi-
cer accusing him of hitting an
Oregon protester in the head
with a baton in 2020.
The indictment marks the
first time in the county an
officer has been prosecuted
stemming from force used
during a protest, The Orego-
nian reported.
Corey Budworth is charged
with misdemeanor fourth-de-
gree assault. He’s accused of
“unlawfully, knowingly and
recklessly causing physical in-
jury” to Teri Jacobs on Aug.
18.
Multnomah County Dis-
trict Attorney Mike Schmidt
called Budworth’s use of force
excessive and lacking any le-
gal justification, and said in a
statement that “the integrity
of our criminal justice system
requires that we, as prosecu-
tors, act as a mechanism for
accountability.”
Budworth, 40, joined the
Police Bureau six years ago.
Budworth’s lawyer, Nicole
L. Robbins, did not imme-
diately return an email from
the Associated Press seeking
comment. The police union
called the prosecution polit-
ically driven, and said Bud-
worth’s baton “push” to a
woman’s head was “acciden-
tal.”
U.S. Department of Justice
lawyers and the city-hired
compliance officer had high-
lighted the incident in their
reports critical of the bureau’s
review of officers’ use of force
during the nightly demon-
strations.
A video shared on Twit-
ter caught an officer running
and striking the back of a
protester’s head with his ba-
ton shortly after 11 p.m. on
Aug. 18.
The officer knocked the
woman down and then hit
her with the baton a second
time while she was down, the
video appears to show.
The Police Bureau found
the baton strike was “not in-
tentional” and therefore not
considered lethal force while
the Independent Police Re-
view office viewed the strike
as a “push,” compliance offi-
cer Dennis Rosenbaum noted
in his report.
However, Rosenbaum said
the video did not support ei-
ther stance and that police
should have started a deadly
force investigation. Police
started an inquiry as a result
— several weeks later, a fed-
eral Justice Department re-
port noted.
The daily totals are down sharply
from April, when the state topped
50,000 shots on its biggest vaccination
days.
Demand for vaccinations has slowed
in the past month, as those eager to be
vaccinated against the virus have been
served. What’s left is residents for whom
vaccination is inconvenient or who have
doubts about getting the shots.
Oregon Republicans have been critical
of Brown’s approach throughout most
of the pandemic, despite the state’s low
infection and death rates compared to
most of the rest of the nation.
Critics say restrictions have unneces-
sarily hamstrung the Oregon economy
as other states had fewer or sometimes
no restrictions. Now Brown is being cast
as out of step even with Democratic gov-
ernors in California and Washington.
House Minority Leader Christine
Drazan, R-Canby, released a public letter
to Brown on Tuesday calling for her to
follow the example of California, where
Gov. Gavin Newsom opened the state to
most activities on Tuesday.
“Oregon does not need to be the most
restrictive state on the West Coast, or
one of the last states to reopen nation-
wide,” Drazan wrote.
Citing vaccines, improved medical
treatment for infections, and the “natu-
ral immunity” of those who contracted
COVID-19 and survived, Drazan said
there were enough safeguards to lift re-
strictions immediately.
“If we include Oregonians with natu-
ral immunity, then we are well above the
70 percent threshold to reopen the state,”
Drazan wrote. “Oregonians have been
through enough. They do not need to
wait another day.”
The range of restrictions differs from
county to county in Oregon as Brown
has taken steps to remove limits in areas
that have put at least one shot into the
arms of 65% of eligible adult residents.
Eight counties have met the standard
and were moved to the least restrictive
lower risk level, regardless of infection
rates.
An array of so-
lar panels can
be seen in this
file photo. The
state’s Land
Use Board of
Appeals has
ordered Crook
County to re-
consider the
expansion of a
solar project.
Mateusz
Perkowski/
Capital Press file
Solar
Continued from A1
According to LUBA, the
agency’s interpretation is sup-
ported by the plain language of
state law and the legislative his-
tory of a bill that gave counties
more jurisdiction over certain
solar facilities.
The county does not get to
decide which statewide wild-
life requirements must be in-
cluded in a project plan, the
ruling said. “The legislature
did not limit the universe of
rules with which an applicant
must demonstrate consistency
to only those rules that the
county determines apply.”
Under the 2019 bill, county
governments were allowed to
approve certain projects that
would previously have to be
cleared by the state’s Energy
Facility Siting Council, in-
cluding solar facilities of up to
1,920 acres on uncultivated,
lower-quality soil.
Although lawmakers in-
tended for House Bill 2329
to “streamline the permitting
process and reduce permit-
ting costs,” it does not reduce
ODFW’s mitigation require-
ments for wildlife habitat, the
LUBA ruling said.
“The legislative history does
not demonstrate, as intervenor
argues, that the legislature in-
tended to weaken habitat pro-
tection or to waive compliance
with the Mitigation Policy,” the
ruling said.
Capital Press was unable
to reach attorneys for Crook
County or West Prineville So-
lar Farm as of press time.
LUBA’s decision helps to
clarify the procedures and ex-
pectations for solar facilities
authorized under HB 2329,
said Sarah Reif, energy coordi-
nator for ODFW.
“It makes it a lot more clear
for future applicants what stan-
dards they need to meet in
terms of mitigating wildlife im-
pacts,” she said.
Unless the county or devel-
oper plan to appeal, ODFW
looks forward to helping de-
velop a wildlife mitigation plan
that meets the requirements,
Reif said.
“There’s still an opportunity
for this project to put forward
an application that meets the
OBITUARY
Arthur Kelly
Conrad, Jr. MD
October 18, 1951 - February 15, 2021
Kelly’s Celebrati on of Life is now to be held
Saturday, October 16, 2021, at noon at Bend Golf Club.
Come join his family please!
COVID-19 risk levels in Oregon counties as of June 18:
Continued from A1
wildlife standards,” she said.
1000 Friends of Oregon, a
nonprofit land use watchdog,
had opposed HB 2329 because
it feared solar facilities would
be held to less rigorous re-
quirements.
“We were concerned county
level decisions wouldn’t be as
thorough as state level deci-
sions,” said Jasmine Zimmer-
Stucky, the group’s working
lands engagement coordinator.
The LUBA ruling shows that
state agencies should remain
involved in the approval pro-
cess and points to the need for
mapping to help solar devel-
opers avoid litigation and gain
certainty, she said.
“The decision reinforces
that if we mapped in advance
where these facilities should go,
we could avoid these kinds of
conflicts,” Zimmer-Stucky said.
Charles Henry Black-
shear of La Pine, OR
May 14, 1934 - May 19,
2021
Arrangements:
Baird Memorial Chapel
of La Pine is honored
to serve the Blackshear
family. Please visit our
website, www.bairdfh.com,
to share condolences and
sign the online guestbook.
Services:
A Celebration of Life will
be held on June 26th at
1:00 pm, at the Journey
Church, 70 NW Newport
Ave, Bend, OR.
OBITUARY DEADLINE
Call to ask about our deadlines
541-385-5809
Monday - Friday, 10am - 3pm
No death notices or obituaries
are published Mondays.
Email:
obits@bendbulletin.com
As of Friday, Oregon will have
22 counties at lower risk, five
at moderate risk and nine at
high risk.
LOWER RISK (22)
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Baker
Benton
Clackamas
Clatsop
Coos
Curry
Deschutes
Gilliam
Grant
Hood River
•
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•
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•
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•
Lake
Lane
Lincoln
Morrow
Multnomah
Sherman
Tillamook
Union
Wallowa
Wasco
Washington
Wheeler
Continued from A1
Bend Police Lt. Juli
McConkey said both cases
remain under investigation.
The police department is
concerned about these inci-
dents and wants to remind
both drivers and pedestri-
ans to stay safe on the roads,
McConkey said.
Roads are busier than
normal as Bend draws
visitors for the summer
months, McConkey said.
And all those drivers need
to keep their eyes on the
road and avoid any distrac-
tions such as cellphones,
she said.
“I’m not saying in these
cases people were dis-
tracted, but in general ev-
erybody needs to be paying
attention to the roadway
and only the roadway while
they are driving,” McCon-
key said.
For pedestrians, McCon-
key said, it is important to
stay in the crosswalks and
be especially careful in the
evening. Pedestrians need
to wear clothing at night
that is light or brightly col-
ored or reflective to be eas-
ily seen by drivers, she said.
“I would caution pedes-
trians to wear contrasting
clothes,” McConkey said,
“nothing dark that is going
to blend into the night.”
Jackson (Moved from High)
Josephine
Polk
Yamhill
HIGH RISK (9)
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•
MODERATE RISK (5)
• Harney
Washington, Benton, Hood River,
Multnomah, Lincoln, Deschutes, Lane
and Clackamas counties are past the
65% mark. Polk County is less than 1
percentage point away from joining the
group as soon as OHA confirms it has
met the qualifications.
Two counties in the northwest could
still see limits lifted before the whole
state. Clatsop and Tillamook are over
62%, and if they keep up the same rate of
vaccination, they could move to a lower
level next week.
For many counties the statewide 70%
mark is likely their only path out of the
restrictions on restaurants, events, shops
and socializing that come with high risk
levels.
There are currently nine counties at
what is now the state’s top risk status.
Marion, Jefferson and Linn have given
at least one shot to more than half their
populations. Umatilla and Malheur are
below 40%. Columbia, Crook, Douglas
and Klamath are in between.
While the end of June seems a likely
time frame to reach 70% with at least
one vaccine shot, the main goal has been
to reach President Joe Biden’s hope for
a normalization of life by the July 4 hol-
iday.
Oregon Health Authority officials and
vaccination partners are making a more
Pedestrians
•
•
•
•
Columbia
Crook
Douglas
Jefferson
Klamath
Linn
Malheur
Marion
Umatilla
assertive effort to get into the commu-
nity and offer shots at workplaces, shops,
schools and shopping areas.
The state is also trying to appeal to the
wallets of those who haven’t yet stepped
up to get inoculated.
Oregon will hold a drawing on June
28 in which one vaccinated resident will
win $1 million. One resident from each
of the 36 counties will receive $10,000.
Vaccines are now available to all those
age 12 and older. Though they are not
part of the 70% adult goal announced
earlier, the state will give out five
$100,000 Oregon College Savings Plan
scholarships to vaccinated youth.
OHA officials have said the state is
now experiencing two different pan-
demics, one that can affect the health of
vaccinated people only moderately at
best. For the unvaccinated, the virus that
has killed nearly 600,000 Americans is
still spreading to the unprotected.
“If you are not vaccinated, COVID-19
remains just as dangerous as before,”
Brown said.
Until the 70% mark is hit, Brown
will continue to announce revised
COVID-19 county risk levels each week.
The current list goes into effect June
18 to 24. The next revisions will be an-
nounced June 22.
e
gwarner@eomediagroup.com
Bend Police responded
to the June 7 crash at about
9:22 p.m. Officers discovered
that Reed was in the north-
bound lane of NE Third Street
at Mervin Samples Road near
the Bethlehem Inn before be-
ing struck by two vehicles
back-to-back.
Stacey Nicholson, a 19-year-
old Bend resident who was
driving a green 2001 Honda
Civic, was traveling north on
Third Street and did not see
Reed in the road when she
struck him.
The second vehicle, a 2004
Coachman motorhome driven
by 39-year-old Bend resident
Cory Holcomb, was traveling
north behind Nicolson and
also struck Reed.
Reed was pronounced dead
at the scene. Nicholson and
Holcomb stayed on scene and
were cooperative with the in-
vestigation, according to po-
lice.
The pedestrian crash Mon-
day occurred at 4:27 p.m. in
the northbound lanes of the
Bend Parkway at Pinebrook
Boulevard at the south end of
Bend.
Officers responded to the
scene and found Briley lying
in the road, near a crosswalk at
the intersection of the parkway
and Pinebrook Boulevard.
Several people in the area
had stopped to help Briley and
provide aid until Bend Fire
& Rescue arrived and trans-
ported him to the hospital.
Briley was struck by a white
2001 Dodge Ram 2500, driven
by Lloyd Thomas, a 77-year-
old Hood River resident.
Thomas was traveling north-
bound on the parkway. He and
his passenger were not injured
during the crash. Thomas was
cooperative with this investiga-
tion, according to police.
e
Reporter: 541-617-7820,
kspurr@bendbulletin.com