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
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