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About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (April 1, 2015)
News Blue Mountain Eagle Wednesday, April 1, 2015 A5 Lawyers spar over Seneca pot search By Scotta Callister Blue Mountain Eagle CANYON CITY – Attor- neys last week tangled over the validity of a search last June in Seneca that led to marijuana charges against three people. The hearing was the lat- est step in the marijuana case against Joy Maxine Graves and Raymond Scott Martin, who are accused of growing pot within 1,000 feet of a school. Attorneys for Graves and Martin filed a motion to sup- press the evidence from the warrantless search, contend- ing the entry to the property was not done with proper au- thorization. The case began when the Grant County Sheriff’s Of- fice was alerted to a report that marijuana was being grown at a Seneca prop- Rob erty. Raschio In a series of visits to the VLWH RI¿FHUV talked with Martin and Kenny Walters, who was also arrested in the Matt case but has Ipson since disap- peared. Graves, described as the owner, was not there at the time. The encounters were re- corded by Sheriff Glenn Palmer, using an on-body law enforcement camera. Deputy District Attor- ney Matt Ipson played vid- eo from that recording last week in court. The video showed Palmer informing the men the discussions were being taped. The recordings showed Palmer and Deputy Zach Mobley talking with the men over a chain link fence, then inside the gate and finally by garden beds farther into the property. Defense lawyers Timo- thy Gassner and Robert Ra- schio contended the officers weren’t given clear consent to enter the property, and that they entered the proper- ty without determining that Martin and Walters had au- thority to let them in. They questioned whether the officers knew the men were caretakers at the time, citing statements on the tape that indicated they were staying there to tear down an old building for Graves. “Hiring a person to come onto your property to do a job doesn’t give that per- son authority to do away with the property owner’s Fourth Amendment rights,” Gassner said. Raschio said police had ample time to get a search warrant and could have asked specifically about Walters’ and Martins’ au- thority, “but they didn’t.” Ipson, however, said what the officers could have done was irrelevant. Ipson also said there are Oregon State Police • At 5:48 p.m. March 9, OSP investigated a sin- gle-vehicle crash on State Route 19 north of the Cant Ranch. Gabriel Lee Magee, 27, of Redmond, was taken to Blue Mountain Hospital in John Day for treatment of injuries. • On March 16, OSP arrested Sara Michelle Colton, 26, Prairie City, for initiating a false report. She was lodged in Grant County Jail. • At about 11:15 p.m. March 21, Tyler James Klimes, 22, Castleford, Ida- ho, was cited and released for possession of less than an ounce of marijuana. • At 7:47 p.m. March 29, on Highway 26 and Moon Creek Road, David Joseph Evans, 40, John Day, was arrested for DUII, open con- tainer violation, violation of the basic rule (70/55 zone) and possession of less than an ounce of marijuana. Dispatch John Day Dispatch worked 102 calls during the week of March 23-29. Along ZLWKWKHYDULRXVWUDI¿FZDUQ- ings, trespassing, injured an- imals, noise complaints and juvenile complaints, these calls included: • John Day Police: March 26: Report of a theft at the city shop. March 27: Reports of VKRWV ¿UHG QHDU WKH DLUSRUW and in the Corral Gulch 5RDG DUHD ¿JKW UHSRUWHG LQ a park in Prairie City. March 29: Responded for a 98-year-old woman. • Canyon City Fire De- partment: March 24: Responded to DUHSRUWHGFKLPQH\¿UH • John Day ambulance: March 26: Responded for an 86-year-old man; re- Oregon this month. Other sessions will be at the same JOHN DAY – A workshop hours but in Pendleton on on contracting with federal April 13; Baker City, April agencies will be held in John 14; Ontario, April 15; and Day on Friday, April 17. Hines, April 16. The session will be from The workshop is free. It 8:30 a.m. to 4 p.m. at the will cover advice and tools Malheur National Forest Su- for growing local busi- SHUYLVRU¶V2I¿FH3DWWHU- nesses through sales to the son Bridge Road. government, and offer an The session is the last of opportunity to network with ¿YH VFKHGXOHG LQ (DVWHUQ representatives of various Blue Mountain Eagle Justice Court CANYON CITY – The Grant County Justice Court reported the following fines and judgments: • Violation of the basic rule: Donald Hugh Full- er, 74, Boise, Idaho, 70/55 zone, fined $160; Adam L. Gilliam, 23, John Day, 75/55 zone, fined $160. • Violation of Mt. Ver- non City Code: Helen Hunt, 49, Mt. Vernon, fined $100, to be suspended if the nui- sance is abated by April 22, 2015. • Dangerous building: John Bennett, 59, Las Ve- gas, fined $500, due, if not abated to the City of Mt. Vernon satisfaction by April 22, 2015. • Nuisance: John Ben- nett, 59, Las Vegas, fined $100, due, if not abated, to the City of Mt. Vernon sat- isfaction by April 22, 2015. Session helps with gov’t contracting Blue Mountain Eagle WKH KRPH KH DQG ¿UH¿JKWHU David Stellman of the Sumpt- SUMPTER – An Oregon er Valley Fire Department State Police trooper carried went to the door to check. an elderly woman to safety Duncan went inside and found 6XQGD\DIWHUQRRQDVDFDU¿UH the woman and her son, who said his mother was unable to spread to her home. Senior Trooper Brad Dun- stand or walk on her own. As smoke poured inside can of the Fish and Wildlife Division in Baker City was and the house began to burn, patrolling in Sumpter when Duncan carried the woman KHVDZDYHKLFOHRQ¿UHZLWK out of the house and to his pa- three people standing nearby, trol vehicle. 6XPSWHU9DOOH\¿UH¿JKWHUV one trying unsuccessfully to GRXVH WKH ÀDPHV ZLWK D ¿UH H[WLQJXLVKHGWKH¿UHDQGWKH American Red Cross assisted extinguisher. Duncan told them to move the residents. 263VDLGWKH¿UHVWDUWHGDV away for their own safety. Learning the 81-year-old a resident worked on the vehi- homeowner might be inside cle fuel system. sponded for an 84-year-old man. March 28: 60-year-old woman with lung problems. state and federal agencies. The session is presented by the Government Contract Assistance Program, in con- junction with the Oregon De- partment of Transportation, Business Oregon and other agencies. One-on-one counseling is available later. For registration or infor- mation, contact slacroix@ gcap.org. Vote Overton for OTEC Board of Directors Hello Grant County , My name is Wayne Overton and I’m asking for your vote for Baker County Position 5, OTEC Board of Directors . I have spent the past 33 years in the construction business whether it be residential, commercial, or agricultural. With the escalated costs of energy nationwide we can be thankful that our electricity is some of the most affordable in the country. We must continue to maintain these low costs to each member, especially our seniors and those on fixed incomes. However, in the past 10 years, our costs for new construction, line extensions, and services have doubled, tripled, and in some cases, quadrupled. Every county commissioner within the OTEC district is constantly trying to figure out economic development strategies to create new jobs. I say that these high costs of electrical service expansion are hindering economic growth. We must restructure OTEC’s guidelines for these services. These costs absolutely affect every member within the district, whether you rent, own your home, or have a dozen or more meters servicing irrigation pumps. Vote for Wayne Overton and let me represent you, the members, to get a handle on these skyrocketing costs. Thank you for the opportunity to serve not only Baker County but also Harney, Grant , and Union Counties as well. Please vote Wayne Overton for Baker County Position 5. Paid for by Wayne Overton 01632 *FURIOUS 7 PG-13 Deckard Shaw seeks revenge against Dominic Toretto and his family for the death of his brother. FRI & SAT (3:45) 6:45 9:35 SUNDAY (3:45) 6:45 MON -THURS 6:45 *HOME PG An alien runs away and lands on Earth where he makes friends with a girl on a quest of her own FRI & SAT (4:10) 7:10 9:40 SUNDAY (4:10) 7:10 MON - THURS 7:10 *INSURGENT PG-13 Beatrice Prior must continue her fight against the alliance which threatens to tear her society apart. FRI & SAT (4:00) 7:00 9:30 SUNDAY (4:00) 7:00 MON - THURS 7:00 ( ) = Bargain Matinee *= No Tightwad Tuesday $8 Adult, $6 Senior (60+), $6 Child 01621 Circuit Court CANYON CITY – The Grant County Circuit Court reported the following fines and judgments: • Efrain G. Camacho, 26, pleaded guilty to driv- ing under the influence of intoxicants. He was sentenced to jail for 48 hours, bench probation for 18 months and 100 hours community service, and fined $1,100. His driver’s license was suspended for one year. He pleaded guilty to violation driving while suspended or revoked, and was fined $435, and driv- ing uninsured, for a fine of $260. The court dismissed one count of possession of less than an ounce of mar- ijuana. • Ethan Taylor Thomas, 24, pleaded guilty to felon in possession of a firearm. He was sentenced to jail for 30 days, supervised probation for 36 months and 80 hours communi- ty service, and was fined $200. He pleaded guilty to two counts of unautho- rized use of a vehicle, and for each was sentenced to jail for 20 days, supervised probation for 24 months and 40 hours community service. He was ordered to have no contact with the victim or their family. The sentences are to be consecu- tive. He was ordered to pay $9,389.18 in restitution. He pleaded guilty to second-de- gree criminal mischief, and was sentenced to jail for 10 days and supervised pro- bation for 24 months, and ordered to not enter the grounds or property of the John Day Golf Club. The sentence is to be consecu- tive to previous ones. He was ordered to pay $650 in restitution to the John Day Golf Club. He pleaded guilty to DUII, and was sen- tenced to jail for 10 days, supervised probation for 24 months and 40 hours com- munity service. His driver’s license was suspended for three years. The sentence is consecutive to previous ones. He was fined $1,500. The court dismissed counts for first- and second-degree criminal mischief, and two for reckless driving. was acquiescence, not con- sent. Cramer said he would make a decision as quick- ly as possible to move the case forward, but needed to review the case law cited by the attorneys and “look at this quite carefully.” This was the second hear- ing set for the motion to suppress. An earlier one was sidelined after Martin had asked the court to dismiss his attorney, and Graves also expressed concerns to the judge about her representa- tion. Last week, however, Graves continued with the same counsel, and Martin in- formed the judge he wanted Raschio to continue to repre- sent him. Trooper rescues woman C OPS & C OURTS Arrests and citations in the Blue Mountain Eagle are taken from the logs of law enforcement agencies. Every effort is made to re- port the court disposition of arrest cases. many circumstances where someone who is not the own- er has the authority to let law enforcement into a property. He said there was consent when Palmer asked Martin if there was a gate and whether they could move their con- versation, which led to them moving through the gate. He contended the men let the officers into the proper- ty and led them to the gar- den beds, and even lifted the tarps that covered the mari- juana plant starts. “They were just having a conversation, and the two of them led them back into the property,” Ipson said. “No coercion, no threats … It was voluntary.” Gassner argued that let- ting them through the gate 9 would like to extend a sincere to the many individuals and businesses of Grant, Harney, and other counties of Eastern Oregon who generously donated funds, auction items, and their time to help make this year’s annual fundraiser the best one we have ever had. With your generosity, we will be able to finish one new cabin at Lake Creek Camp in Logan Valley. Thank you for your support, for without your support, the Camp would not be what it is today. THANK YOU, A DVANCED L APAROSCOPIC S URGERY Near the Comforts of Home Minimally Invasive Laparoscopic Surgery Keith J. Thomas, MD, FACS, • Hysterectomy & ovarian surgeries • Hernia & gallbladder surgeries • Colonoscopy & colon surgery Board-Certified General Surgeon Blue Mountain Hospital • 170 Ford Road, John Day • (541) 575-1311
