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About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (Feb. 6, 2019)
NEWS BlueMountainEagle.com Wednesday, February 6, 2019 A5 Oregon Supreme Court upholds law decreasing sentences for repeat property thieves By Paris Achen Oregon Capital Bureau Oregon’s Supreme Court on Thursday unanimously upheld a law to decrease sen- tences for repeat property thieves. In a unanimous decision handed down Jan. 31, jus- tices agreed that the Legis- lature’s change to state sen- tencing laws, which included reducing the base sentence for fi rst-degree theft from 18 months to 13 months, was done according to state requirements. Lawmakers made the change in 2017 via House Bill 3028 to prevent the need to open a second state women’s prison, though the law applies to all genders. The new law put the Leg- islature at odds with many in Oregon’s law enforce- ment and judicial commu- nity. Across the state, circuit judges and district attorneys were impos- ing differ- ent sen- tences based on their own interpreta- tion of the Clackamas law. County District Clacka- Attorney mas County John Foote District Attorney John Foote sued the state in November 2017 to block the law, while Santiago Val- lin, a repeat property thief from Lincoln County, sued the state in 2017 to overturn a sentence by a circuit judge who disregarded House Bill 3078. The Supreme Court heard both cases during a joint hearing Sept. 13, but justices issued an opinion only on the Vallin case Thursday, Jan. 31. Attorneys for Clackamas County and Lincoln County district attorneys argued that the Legislature’s changes were illegal. The origi- nal sentence was approved by voters in Measure 57 in 2008. Oregon’s Constitu- tion requires the Legislature to have a two-thirds major- ity vote to change a voter-ap- proved sentence, and House Bill 3078 had only a simple majority. The bill reduced the base sentence for fi rst-degree theft from 18 months to 13 months. But legislators had already reduced the sentence with a two-thirds majority vote from 18 months to 13 months in 2009. They made the change because the state was in the midst of a reces- sion, and they doubted whether they could pay for the cost of incarcerating thieves for longer periods of time, according to court documents. The 2009 legislation gradually increased the sen- tence to 18 months during a two-year period. That sen- tence remained in effect until House Bill 3078 was adopted. In September, the state argued that the Legislature needed only a simple major- ity vote to change the sen- tence in 2017 because legis- lators had already changed the voter-approved sentence with a two-thirds majority in 2009. The Supreme Court agreed with them. In its opin- ion, Chief Justice Martha Walters wrote that once the Legislature has a two-thirds majority vote to reduce a vot- er-approved sentence, “the resulting sentence has been enacted by the Legislature, ‘not approved by the peo- ple.’ ” “It was the Legislature, and not the people, who put (the sentences) in place … when the Legislature enacted the 2009 bill,” she wrote. Damaged initiative process Thursday’s decision resolves the controversy among law enforcement and allows uniformity in sentencing. Foote said he would fol- low the court’s ruling. “While we are disap- pointed in their decision today, we continue to believe that it is very important that the decisions of the Ore- gon Legislature be open and transparent to the public,” Foote said in a statement. “Our legal challenge made sure that happened. “We are very concerned that the unique power of Ore- gon’s initiative process has been badly damaged by the actions of the Oregon Leg- islature and the court’s deci- sion today, and we are fur- ther concerned that the strong sentences overwhelmingly passed by the voters in Bal- lot Measure 57 for repeat fel- ony property offenders will continue to be reduced by the Oregon Legislature.” House Majority Leader Jennifer Williamson, D-Portland, said the deci- sion allows the Legislature to build on its plan to move away from long prison sen- tences and toward rehabili- tative programs. “Today’s unanimous deci- sion by the Oregon Supreme Court upholding House Bill 3078 is a very positive step forward for our state,” said Williamson. “The failed policies of the past will not hold us back from reform- ing our broken criminal jus- tice system. Thanks to this ruling, we can continue to make investments in effec- tive treatment programs that make our communities safer and ensure that we continue to bend the cost-curve on bal- looning corrections budgets.” Main Street in John Day. Feb. 3: Following a traf- fi c stop on Highway 26 in east John Day, Kyle J. Wood, 27, John Day, was cited for using a cellphone while driving. • Oregon State Police Jan. 30: Received a report of a vehicle slide-off with no injuries on Highway 395 North. Jan. 30: Advised of a sin- gle-vehicle crash on North Canyon City Boulevard in Canyon City. Feb. 2: Received a report of cattle on Highway 26 east of Dayville. • Grant County Sher- iff’s Offi ce Jan. 28: Received a call about a vehicle crash with injuries on Center Street in Granite. Jan. 28: Advised of child neglect on Marysville Lane in John Day. Jan. 29: Received a report of stalking at a mobile home park on West Main Street in John Day. Jan. 29: Advised of harassment on Highway 395 north of Mt. Vernon. Jan. 30: Received a report of a suspicious person on 11th Street in Prairie City. Jan. 31: Advised of a theft on the South Fork Road in Dayville. Jan. 31: Received a report of a domestic dispute on Highway 26 in Mt. Vernon. Jan. 31: Advised of tres- passing on South Humbolt Street in Canyon City. Feb. 1: Received a report of harassment at a coffee shop in Canyon City. Feb. 2: Advised of harass- ment on North Johnson Ave- nue in Prairie City. Feb. 3: Received a report of a cougar sighting on La Costa Avenue in John Day. Feb. 3: Advised of harass- ment on Marysville Road in John Day. Feb. 3: Received a report of a burglary on Half Street in Prairie City. • John Day ambulance Jan. 28: Dispatched to South McHaley Avenue in Prairie City for a man. Jan. 29: Responded to a senior home in John Day for a woman. Jan. 29: Transported a patient from a senior home in John Day. Jan. 29: Transported a patient to the airport in John Day. Jan. 30: Transported a patient to the airport in John Day. Feb. 3: Responded to South Johnson Avenue in Prairie City for a 44-year- old woman with chest pain and shortness of breath. • Mt. Vernon fi re Jan. 29: Received a call about a structure fi re on Widows Creek Road in Mt. Vernon. • Baker City ambulance Jan. 29: Dispatched to McCann Street in Granite. • Oregon Department of Fish and Wildlife Jan. 31: Received a report of a cougar sighting on East Main Street in John Day. • Oregon Department of Transportation Feb. 2: Received a report of basketball-sized rocks on Highway 395 south of Vance Creek. • Long Creek ambulance Feb. 3: Responded to North Eagle Street in Long Creek. Feb. 3: Dispatched to East Main Street in Long Creek for a 57-year-old man. COPS AND COURTS Arrests and citations in the Blue Mountain Eagle are taken from the logs of law enforcement agencies. Every effort is made to report the court disposition of arrest cases. Grant County Sheriff The Grant County Sher- iff’s Offi ce reported the fol- lowing for the week of Jan. 30: Concealed handgun licenses: 15 Average inmates: 16 Bookings: 5 Releases: 5 Arrests: 1 Citations: 3 Fingerprints: 1 Civil papers: 13 Warrants processed: 1 Asst./welfare check: 0 Search and rescue: 0 Jan. 28: Brian Johns, 55, Prairie City, was cited for failing to perform the duties of a driver. Jan. 29: Ashlund J. Chinn, 18, Florence, was cited for careless driving. Jan. 30: Jacob Brown, 29, John Day, was cited for having a dog as a public nuisance. Justice Court • Violation of basic rule: Juan G. Ramirez-Espinal, 28, Bronx, New York, Nov. 28, 79/55 zone, fi ned $265; Phillip E. McCormick, 26, Redmond, Jan. 3, 75/55 zone, fi ned $165; Gary E. Christensen, 77, Lower Nicola, British Columbia, 78/55 zone, fi ned $265; Harry J. Yazzie Jr., 47, Can- yon City, Dec. 26, 70/55 zone, fi ned $140; Barbara A. Wagner, 60, John Day, Dec. 25, 78/55 zone, fi ned $225; Dalton K. Burks, 20, Colo- rado Springs, Colorado, Jan. 5, 84/55 zone, fi ned $265; Mitchell L. McKinley, 21, Wilsonville, Jan. 3, 72/55 zone, fi ned $165. • Exceeding speed limit: Deidre L. Dubois, 34, Whitehall, Montana, Sept. 27, 35/20 zone, fi ned $165; Kyle A. Pettyjohn, 25, Sen- eca, Dec. 3, 68/65 zone, fi ned $115; Cameron P. Daley, 28, Grants Pass, Dec. 28, 48/35 zone, fi ned $165; James D. Patterson, 33, Longbranch, Washington, Dec. 13, 46/30 zone, fi ned $165. • Violation of speed limit: Dennis M. Hornstra, 28, Baker City, Oct. 4, 44/20 zone, fi ned $265. • Driving uninsured: Andria L. Kelley, 24, Mt. Vernon, Dec. 30, fi ned $350; Charles C. Briet, 38, Van- tage, Washington, Dec. 3, fi ned $265; Isaac J. Lane, 36, Redmond, Oct. 7, fi ned $265; Deirdre L. Dubois, 34, Whitehall, Montana, Sept. 27, fi ned $265; Mat- thew E. Moore, 42, Culver, Oct. 1, fi ned $265; Timothy L. Keith, 35, Prairie City, Oct. 5, fi ned $265, Nov. 7, fi ned $265; Karina Robin- son, 19, Mt. Vernon, Nov. 17, fi ned $265; Steven M. Warrington, 29, John Day, Jan. 6, fi ned $750. • Driving while sus- pended: Taneka B. Stodola, 36, Hines, Dec. 1, fi ned $440; Isaac J. Lane, 36, Redmond, Oct. 7, fi ned $440; Matthew E. Moore, 42, Culver, Oct. 1, fi ned $440; Timothy L. Keith, 35, Prairie City, Oct. 5, fi ned $440; Tylor J. Gif- ford, 24, John Day, March 10, fi ned $440; Steven M. Warrington, 29, John Day, Jan. 6, fi ned $1,000. • Failure to renew reg- istration: Christopher R. Hoppe, 35, John Day, Dec. 12, fi ned $115; Timothy L. Keith, 35, Prairie City, Oct. 5, fi ned $115; Steven M. Warrington, 29, John Day, Jan. 6, fi ned $250. • Failure to drive within lane: Earl D. A. Hellman, 26, Rockaway Beach, Nov. 16, fi ned $225, Dec. 14, fi ned $225; Walker D. Erick- son, 24, Pendleton, Dec. 30, fi ned $265. • Operating a vehicle without proper fenders: Isaac J. Lane, 36, Redmond, Oct. 7, fi ned $165, Nov. 7, fi ned $165. • Careless driving caus- ing an accident: Tylor J. Gif- ford, 24, John Day, March 10, fi ned $440. • Driver failing to report an accident: Tylor J. Gifford, 24, John Day, March 10, fi ned $440. • Failure to carry a valid registration: Andria L. Kel- ley, 24, Mt. Vernon, Dec. 30, fi ned $200. • No or invalid weight receipt: Brian K. Crown- over, 47, Fort Worth, Texas, Dec. 11, fi ned $440. • Violation of posted lim- its on use: Brian K. Crown- over, 47, Fort Worth, Texas, Dec. 11, fi ned $115. • Operating with non- standard lighting: David M. Morris, 59, Ritter, Jan. 13, fi ned $165. • Truck or bus exceeding speed limit: John. O. Burke, 59, Battleground, Washing- ton, Jan. 2, fi ned $165. • Christopher A. Walker, 41, Dayville, pleaded guilty Jan. 16 to furnishing alcohol to a minor. He was ordered to pay $525 in fi nes and fees. Oregon State Police Jan. 22: Investigated a single-vehicle rollover crash on Highway 402 near Kim- berly with snow and ice on the roadway. Jan. 27: Investigated a single-vehicle crash on Highway 26 near Dog Creek. A motorcycle driver accelerated too quickly from the stop sign and lost control on loose gravel. Jan. 28: Following a traf- fi c stop on Highway 26 west of John Day, Ashlund J. Chinn, 18, Florence, was cited for minor in possession of marijuana. Feb. 2: Following a traffi c stop on Highway 26 in west John Day, Stanley Dehiya, 73, John Day, was arrested and charged with driving with a revoked license. Dispatch John Day dispatch worked 155 calls during the week of Jan. 28 to Feb. 3, including: • John Day Police Department Jan. 28: Advised of fraud at a mobile home park on West Main Street in John Day. Feb. 1: Received a report of a hit-and-run incident in John Day. Feb. 1: Advised of a sui- cidal person. Feb. 2: Received a report of harassment at a mobile home park on West Main Street in John Day. Feb. 2: Responded to a report of a dog shot by a BB gun at a mobile home park on West Main Street in John Day. Feb. 2: Travis Freniere, 32, was arrested on a war- rant at a mobile home park on West Main Street in John Day. Feb. 2: Responded to a report of a dispute at a mobile home park on West Valentine's Dinner RSVP ONLY The second installment of the 2018-19 property tax is due Thursday, February 15th, 2019 by 5:00 p.m. Payments may be made at the Tax Collector’s Office at the Grant County Courthouse in Canyon City, or the payment may be mailed and postmarked no later than February 15th, 2019. Please remember that delinquent taxes accrue interest at the rate of 16% per year. If you have any questions, please call the tax office at 575-0107 or 575-0189. Supporting GIST (Gastrointestinal Stromal Tumor) Cancer Research Feb. 15 at 4:30 & 6 PM John Day Golf Club / RSVP by Feb. 13 Dinner includes prime rib, baked potato, vegetable relish tray, dinner rolls and dessert. Prices are $17 for singles and $30 per couple. For more information please call 541-575-0170 PO Box 185 Canyon City, OR 97820 103428 A man wakes up in the morning after sleeping on an ADVERTISED BED, in ADVERTISED PAJAMAS. Va Din He will bathe in an ADVERTISED TUB, shave with an ADVERTISED RAZOR, have a breakfast of ADVERTISED JUICE, cereal and toast, toasted in an ADVERTISED TOASTER, put on ADVERTISED CLOTHES and glance at his ADVERTISED WATCH. He’ll ride to work in his ADVERTISED CAR, sit at an ADVERTISED DESK and write with an ADVERTISED PEN. Yet this person hesitates to advertise, saying that advertising doesn’t pay. Finally, when his non-advertised business is going under, HE’LL ADVERTISE IT FOR SALE. Then it’s too late. len 95566 Veterans Haircut Day tin n Feb er S p r Ple uary ecia ase l 14 re 54 serva call fo th 1-4 tion r 48 -25 s 26 e’s RIB R E IM TE PR OBS 00 r pe rson & L pe $ 40 Advertising is an investment, not an expense. Think about it! Blue Mountain Eagle MyEagleNews.com 102912 AND THEY SAY ADVERTISING DOESN’T WORK? DON’T MAKE THIS SAME MISTAKE Don’t get left behind, call today! Kim Kell 541-575-0710 39269 FREE at Hair It Is February 11th Please call to make an appointment 541-575-0311
