FOUR - Heppner Gazette-Times, Heppner, Oregon Wednesday, August 14,2013
OHV PEEPING TOM
-Continuedfrom PAGE ONE
current activities but to
years o f similar behavior.
Dike took him to the office,
where she turned on a tape
recorder and reminded him
of his Miranda rights before
beginning to question him.
McBride
was
subsequently lodged at
Umatilla County Jail and,
a few days later, arraigned
on the In fo rm atio n o f
Misdemeanor by Morrow
C o u n ty J u stic e C o u rt
Judge Anne Spicer; he was
arraigned on three counts
o f Invasion o f Personal
Privacy and eight counts
of Criminal Mischief in the
Second Degree. Morrow
County District Attorney
Justin Nelson prosecuted
the case and the court
appointed Heidi Van Kirk
to represent the defendant.
On Nov. 14, 2012, Van
Kirk’s office filed a Motion
to Suppress regarding the
confession McBride had
given to Detective Dike.
“ D efen d an t m oves
the court for an order
suppressing observations
of the accused, statements,
admission and/or confession
of the accused obtained by
police on July 10, 2012 and
the fruits thereof...” stated
the motion. The Motion
to Suppress was made,
the lawyers said, because
M c B rid e ’s statem en ts
“ w ere n o t v o lu n ta r y
under Oregon and Federal
constitutional standards”
and the defendant “did
not voluntarily waive his
Miranda rights in violation
o f O regon and Federal
constitutional standards.”
According to Van Kirk’s
office. Dike interrogated
McBride on the way to
the office, only reading
him the necessary Miranda
rights once they reached the
OHV Park office. She then,
M cBride’s lawyers said,
confirmed his answers to
her earlier questions.
T h e D A ’s o f f ic e
responded in opposition to
the Motion to Suppress, in
an official memorandum
not quite a week later, on
Nov. 20, 2012.
W h ile th e s t a t e
attorneys did not argue
that McBride had not been
read his Miranda rights
im m ed iately , they did
contest what the defendant’s
lawyers termed as coercion.
In a detailed memorandum
outlining the events of the
arrest, the DA’s office stated
that “Detective Dike did not
ask any questions at that
time and instead placed
the defendant in handcuffs.
Defendant started speaking
spontaneously...”
The memo, written by
Morrow County Deputy
District Attorney Richard
Tovey, went on to state that
Dike told McBride she was
going to walk him to the
OHV office “and then they
could talk.”
“ W h ile th e y w ere
w alking the defendant
continued to talk,” Tovey
wrote.
When the pair reached
the office, Dike turned on
her recorder and advised
McBride o f his Miranda
rights, after which, the
prosecution stated, the man
said he understood and was
still willing to talk. After
that, McBride reportedly
confessed to both drilling
the holes and peeping
through them.
“In this case,” the DA’s
office concluded, “the
defendant was placed in
custody immediately by
Detective Dike and was
not initially advised of his
Miranda rights. However,
D etective Dike did not
ask the d efendant any
questions other than for
the defendant’s consent
to walk to the park office.
Any statements made to
D etective D ike by the
defendant were voluntary
unsolicited comments about
the case and not in response
to any form of interrogation
by Detective Dike.”
A fter a h earin g on
the issue, Justice Spicer
suppressed all the statements
made by McBride to law
enforcem ent that night.
A c c o rd in g to S p ice r,
how ever, the failure to
immediately read McBride
his M iranda rights was
not the main factor in her
decision.
“The problem was that
there was a lot of conflict
in the statements of the two
officers involved. That’s
what led to the suppression,”
she said.
Spicer clarified that the
conflict did not involve their
accounts of the arrest itself
but “certain questions” that
were asked o f McBride,
“whether or when they were
asked.”
Based
on
the
suppression of McBride’s
statements to the officers,
M cBride pled guilty to
three counts of attempted
in v a sio n o f p e rs o n a l
property on Feb. 13, 2013.
The full sentence o f 270
days jail time was waived,
and McBride was instead
sentenced to two years
bench probation, to include
90 hours o f community
service and no contact with
either the victims named
in the case or the OHV
Park. The fine of $4,607
plus attorney fees was
reduced by $2,250, leaving
McBride with fines, fees
and assessments of $2,357
plus attorney fees.
BEO ready for
snack shack duty
Bank of Eastern Oregon’s employees are once again ready
to fake charge of Morrow County Fair’s 4-H snack shack on
Thursday of fair. Volunteering to grill and serve you (L-R) are
Jill Martin, Mark Lemmon, Cary Propheter, Becky Kindle,
Arietta Arnspiger, Janet Dezellem, Kay Rene Qualls. Joe Perry,
Debbie Young and Dawna Dougherty. Also on the team but not
available for the photo are Betty Jo Colvin, Russell Seewald,
Jessica Peterson, Kay Proctor and Julie Baker. -Contributed
photo
BEO sponsors all-
around saddle
Local farmers can make a difference
America s Farmers Grow Communities launches fourth year
ST. LOUIS—Thanks
to the help of local farmers,
over the past four years
America’s Farmers Grow
Communities has invested
more than $13 million in
rural America.
N ow in its fo u rth
c o n s e c u t i v e year,
America’s Farmers Grow
C om m unities w ill give
farmers the opportunity to
wiji a $2,500 donation for
thftif favorite local nonprofit
organizations.
Morrow County has
had area farmers contribute
for the last two years.
B arney Lindsay o f
Lexington was one of the
2013 winners; he directed
his donation to the Heppner
FFA chapter.
Winning farmers have
the opportunity to make
a difference in their own
communities by enrolling
and nominating a nonprofit
organization of their choice.
Over the past years,
organizations have used the
funding to purchase vital
equipment, supplies and
resources for the betterment
of their community.
“Farmers have really
stepped up to the plate
since Grow Communities
piloted in 2010 and have
th o u g h tf u lly c h o s e n
thousands o f deserving
organizations to receive
the $2,500 d o n a tio n ,”
said Deborah Patterson,
Monsanto Fund president.
Each year in an effort to
expand the impact of Grow
Communities throughout
r u r a l A m e r ic a , th e
Monsanto Fund evaluates
new counties to be included
in the program.
Thanks to the addition
o f 18 n ew e l i g i b l e
counties this year, Grow
Communities now reaches
1,289 counties across 39
states.
To make a difference in
your community, register
for a chance to donate to
your favorite nonprofit
organization online at www.
growcommunities.com.
T he d e a d lin e fo r
eligible farmers to enter is
Nov. 30.
In D e c e m b e r, th e
Monsanto Fund will select
one winner at random in
each eligible county, and
announce winning farmers
and recipient nonprofits in
January 2014.
N ew to th e G row
C o m m u n ities program
last year is the chance for
com m unity members to
“plant” their ideas.
R u ra l c o m m u n ity
members can now visit
the Grow Com m unities
w ebsite and subm it an
idea or initiative in need of
funding.
Eligible farmers are
able to review planted ideas
and consider them in their
registrations.
Farmers have helped
fund m ore than 5,200
nonprofit organizations
in rural America through
America’s Farmers Grow
Communities.
For more information
about this program and to
view the official rules, visit
www.grow com m unities.
com.
substance abuse evaluation.
H ayes was fu rth e r
convicted o f V iolation
o f W ildlife Laws with
C ulpable M ental State,
a Class A misdemeanor.
The defendant’s fishing
license was suspended
for 36 months; sentence
o f 180 days ja il tim e
was suspended and the
defendant given 24 months
bench probation, to include
40 hours o f community
service. Total fines, fees and
assessments were $1,630.
Fair is about fun
DA’s Report
M o rro w C o u n t y
D istrict Attorney Justin
Nelson has released the
following report:
-Manual Torres Reyes,
21, was convicted of one
count of Criminal Trespass
I, a Class A misdemeanor.
Im position o f sentence
w as s u s p e n d e d an d
the defendant given 24
months bench probation,
conditions to include no
direct or indirect contact
with the victims, mental
evaluation and abiding by
conditions o f a stalking
protective order. Further
counts were disposed with
no conviction. Fines, fees
and assessm ents totaled
$880.
-Kyle Joseph Hayes,
26, was c o n v ic te d o f
one count o f Possession
o f M etham phetam ine, a
Class C felony reduced to
a Class A misdemeanor;
sentence of 180 days jail
time was suspended and
the defendant sentenced to
24 months bench probation,
to include 60 hours o f
com m unity service and
Bank of Eastern Oregon's branch manager Tricia Rollins (left)
is lined up with some of her staff—(L-R) Sandra Van Lieu,
Jeremy Arbogast, Bev Crum, Brianna Peterson, Kay Rene
Qualls and Becky Sparks— to show off the 2013 All-Around
Saddle to be presented at this year’s Oregon Trail Pro Rodeo.
-Contributed photo
Oops...
Did 150 hours of reading seem like a lot for Mitchell Von
Cunten to accomplish this summer? It was. Actually, Von
Cunten’s 150 stickers on his tally sheet totaled a whopping
37-and-a-half hours...still quite an accomplishment for his
summer reading. Photo by Andrea Di Salvo
Chamber lunch meeting
T h ere wi l l be no
H ep p n er C h a m b e r o f
Commerce lunch meeting
on Thursday, Aug. 15. The
¡ — OREGON STATE
rc L v r
next chamber lunch meeting
Chamber lunch
will be Thursday, Aug. 22, attendees are asked to RS VP
at noon in the St. Patrick’s no later than the Wednesday
Senior Center dining room, before to guarantee a lunch.
AUGUST 23IH thru SEPTEMBER
SEE YOU THERE
II I B
usschw m
F R E E P A R K IN G !
II
LES SCHWAB TIRES FAM IIYYIIIE STAGE
A ig u l 23 tu ri September 2
IIS SCHWAB
TIRES KIDS DRV
Mandali
ta n n ila m m
On LES SCHWAB KIDS DAY • Monday, Aug 26 - from 11am to
5pm, ALL CARNIVAL RIDES and GAMES 1/2 PRICE and ALL KIDS
12 AND UNDER FREE FAIR ADMISSION with a coupon picked up
at any Oregon or SW Washington Les Schwab Tire Center.
All tickets purchased before 5PM will be honored until closing I
n r ä fir r r
Blazers Reps will be there on Kid’s Day August 26
■laiS i r i w f irom 10 AM to 5 PM tor you to sign the Respect Pledge!
Even serious exhibitors know that the county fair is all about fun. Above: Celita Strouse (left)
and Peggy Fishburn take a moment for merriment in the quilting department Monday as ex
hibits were being received for the centennial Morrow County Fair. -Photo by Andrea Di Salvo
DONT MISS THE O.T.P.R. THIS YEAR!
Friday is Tough Enough to Wear Pink Day
Friday August 16th
Saturday August 17th
STARTING AT 7 ?K
s M utton B ustin w ill beg in a t 6 -3 0 p.m.
General Admission - $10^
7-12 yrs. - $7
6 yrs & under - Free
V IP tickets are $12 per day in
advance and $15 at the gate A
box for all three performances
is $360 T o purchase advance
tickets call Camille Peck at
989-8351
Live Bands! Friday-Three Quarter Short Band
Saturday- Rodeo Rose
Both bands will be performing after
the rodeo at the beer garden
Visit us on
facetook'
Slack will begin at 6 p.m on Thurs4ay night
Morrow County Rodeo Sunday, August 18th
1:15pm
»