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
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and in the Corral Gulch
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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
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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
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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,
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