FOUR - Heppner Gazette-Times, Heppner, Oregon Wednesday, July 9, 2014
PENLAND LAKE CASE
-Continuedfrom PACE ONE
cabin owners said had been
moved and might contain
fingerprints.
The cigarette butt,
swab and pillowcase were
sent to a lab in Pendleton
for analysis. While the
pillowcase stain was not
blood, the swab from the
window was; the swab and
cigarette butt were then
sent to a forensic lab in
Clackamas, OR.
The results o f the
fingerprints on the bottle
o f wine turned out to
be “inconclusive,” with
matches to the owners and
friends, but none to the
suspects later believed to
be involved.
Meanwhile, deputies
Siex and Carter helped
process the scene, searching
w ith o u t s u c c e s s fo r
fingerprints and additional
forensic evidence. They also
went to nearby campsites
looking for witnesses but
found no one who had
seen anything on that dark
October night.
Then the waiting began.
While the families had
several trail cams both
inside and outside of the
cabin, including some that
captured images during the
break-in, none of the footage
was clear enough to bring in
any suspects. A reward was
offered but, although it
brought information, none
of it turned out to be what
the police needed to crack
open the case.
“We heard different
things, rumors, from people
who were telling us who
they thought the thieves
were; the word was out that
we’d offered a reward,”
said Seitz. “The best part
was that Morrow County
Sheriff’s Office kept us
informed on the route their
investigation was taking.”
Morrow County
District Attorney Justin
Nelson said that was a
frustrating time during the
investigation; the sheriff's
office contacted several
individuals in the course of
the investigation, but most
of the leads were hearsay
and turned out to be dead
ends. The deputies also took
images captured from the
trail cams and showed them
around, but no one reported
recognizing the individuals.
And there was no word
on the forensic evidence.
While CSI Miami may turn
evidence around overnight,
it seems things take longer
in the real world. In fact,
it was nearly a year after
the fact, in September of
2013, that Morrow County
received the DNA results
from the cigarette and blood
swab.
“It takes a little bit of
time,” said Nelson, “and
property crimes are low
on the priority list (for the
forensics lab).”
The blood from the
window was a match to
Gene Ray Ball, 27. Nelson
said Ball had DNA in the
system from a previous
conviction. The cigarette
was linked to Eric Torres,
28, who was by that time
already serving an unrelated
prison sentence on Umatilla
County charges.
Morrow County
D etective Karen Dike
went to the prison to
interview Torres and do
a DNA conf i r mat i on.
Torres, meanwhi l e,
denied involvement. He
claimed, for instance, that
the cigarette was from a
previous, legitimate visit,
not from the night of the
break-in.
Ball, however, had his
back against the wall; his
blood was inside the cabin
An MCSO deputy displays the broken window on which was
found part of the crucial DNA evidence that solved the 2012
break-in at Penland Lake. -Photo courtesy o f Morrow County
District Attorney's office
with no good reason to be
there.
In the end, both Ball
and Torres were convicted
for their roles in the Oct. 31,
2012 break-in. In October
o f 2013, Ball appeared
before Justice Daniel Hill
and pled no contest to one
count of Burglary II and
three counts of Theft I,
both considered Class C
felonies. Hill sentenced
Ball to 25 months prison
time on the burglary count,
as well as 25 months prison
time for each theft count;
however, the sentences
are to run concurrent—at
the same time—and Ball
will receive credit for
time served, which means
he’ll be out in far less than
the eight-plus years that
appears on the surface
of the conviction. Ball’s
sentence will also include
post-prison supervision and
fines, fees and restitution
totaling $4,095.49.
M e a n w h i l e , in
November of 2013, Torres
pled guilty to one count of
Burglary II and one count of
Theft I. Justice Christopher
Brauer sentenced Torres
to 20 months in prison on
each count, though he also
will receive credit for time
served. His time on the
Penland Lake counts will
also run concurrent, though
Brauer specified that they
will run consecutive to his
current prison time. Torres
was also given one year
post-prison supervision and
required to pay restitution
of $1,374.
While Ball and Torres
are in jail, Nelson said the
case had other frustrations,
one o f them being the
infamous “honor among
th iev es.” Investigators
believe there were four
suspects involved in the
case, which means two are
still at large, but Torres and
Ball aren’t talking.
“ (A pr obl em was)
the unwillingness of the
defendants to rat out the
others, especially since
Oregon has limitations
to what you can sentence
people to for property
crime,” said Nelson.
He said that a defendant
is often not likely to turn in
his fellows to get a reduced
sent ence if he knows
the maximum sentence
he can get is fairly low.
However, Nelson added
that he was unwilling to do
much bargaining since both
Torres and Ball are repeat
offenders.
“These are not people
I want to give probation to
just to find out who else was
involved,” he said.
Morrow County
residents may not think
of local law enforcement
as u s i n g h i g h - t e c h
investigation tools like
DNA, but Nelson said
it is the lack of suitable
evidence, not the lack of
savvy, that keep them from
it.
“If they find it, they
try to send it in. A lot of
cases don’t have DNA lying
around,” he said, pointing
out that, for instance, if the
cabin owners had smoked,
it would have been more
difficult to sort out the
convicting cigarette butt.
“They use this cabin
quite a bit. That made it
easier to focus on time
frames. It would have been
more difficult if six months
had passed,” he added.
“The Seitzes, they
did everything they can,”
Nelson finished, pointing
to the trail cams both inside
and outside the house, as
well as heavy locks. “That’s
what gets results, too.”
The break-ins have
spurred more security
measures by local cabin
owners. Tom Wolff, who sits
on the Penland Corporation
Board of Directors, says
several property owners
have installed video trail
cams, and he recommends
that all mountain property
owners do the same. He also
said the Morrow County
Cabin Owners Association
posts a $500 cash award
for information leading to
the arrest and conviction of
people committing burglary
or vandal i sm agai nst
mountain properties, and
anyone who becomes a
member of the association
can be included in that
coverage.
Seitz said they have
added additional security
at their cabin since the
incident, including heavier,
tougher locks, but that
doesn’t ease their minds
completely.
“Every time we go up
there,” he said, “the thought
in your mind is, ‘Has it been
broken into?’”
At the same time, he
said it made him feel better
to know the MCSO is in his
comer.
“ I j us t c a n ’t say
enough on Morrow County
Sheriff's Office that, on
something this far away,
they followed up with the
DNA testing and were so
professional and so dogged
and stayed the course, and
in the end they made it
happen,” Seitz said. “We’re
lucky to have a small town
sheriff s department with a
big town feel to it.”
June Yard of the Month announced
By Kay Proctor
Bu t c h and J udi e
Laughlin’s home at 265
E. Ca nnon has been
recognized as Yard of the
Month for June.
T he m i d - c e n t u r y
modern-style house was
built in 1953 by Herb and
Betty Hamilton and is
fronted by Shobe Creek.
The Laughlin’s purchased
it in 1969.
That year and again in
1971, the creek flooded.
Water ran through the house
and wiped out the yard
both years. The determined
couple just started over with
folks helping out. The yard
is now well established
and well planned. A major
update and overhaul was
recently completed.
A walk through shows
a wide range of plants, trees
and shrubs. Judie’s favorite
is the herb garden she keeps
next to the back deck and
kitchen; there is a fenced
vegetable garden, too. A
SUMMER
SAVINGS
June July August
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1st year
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Restrictions apply
Discount does not
include labor call
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■
■
pond was transformed into
a woodland setting.
Against the back fence,
Butch built a wood lean-to
as a spot for his barbecue.
Decorated with rustics,
collectibles and a door to
nowhere, it is their favorite
place to have coffee. A
large maple that grew from
a sucker provides ample
shade. Bird feeders are
close by.
Displayed throughout
are rocks collected on their
travels, pots of colorful
annual flow ers, and a
birdhouse hand carved
by son, Shane. There are
enough elfish figures that
a sign warns of a “Gnomes
Crossing.”
Years ago, the two
bought an adjacent older
home, tore it down, and
took in some of that lot
before selling it. Salvaged
wide planked lumber from
the house was used as
fencing in the Laughlin’s
yard. Some of it is now
being replaced by a cyclone
fence.
Their soil is poor and
has a tendency to “seal itself
off,” adding to maintenance.
In many years of digging
and soil moving, the only
found objects have been
broken pieces of porcelain.
Underground sprinklers and
drip lines keep everything
green and growing.
Judie’s family moved
to Heppner when she was
a freshman in high school.
After 30 years of working
downt own at Heppner
TV, she retired. The years
spent raising three kids,
Lottie, Tami, and Shane,
were busy. Her hobbies of
quilting and art reflect in
their yard’s settings, colors
and designs.
Butch is a Heppner
native and, except for five
years when the couple
lived near Hinton Creek,
he has lived in the same
neighborhood all his life.
Retired from M orrow
County Grain Growers
after 30-plus years o f
employment, his agriculture
background still shows
with a backyard weather
station tracked on their
home computer and with an
older, kid-sized red tractor
parked along a barked path.
Wh e n a s k e d f or
gardening advice, Butch’s
response was to “ ....keep
your wife happy.” Judy
mentioned that she just
“ ...likes a pretty yard.”
Both recommended to “ ...
not try to do it all in one
spring...” as they did with
the recent updating project,
but followed that advice
with a laugh.
Yard of the Month is
co-sponsored by MCGG-
Green Feed, the City of
Heppner and the Heppner
Volunteers.
R ig h t: B u tc h a n d J u d ie
Laughlin have been awarded
Yard of the M onth for June.
-Contributed photo
Archery shoot planned at
OHV park
N o r t h Ea s t Bow
Hunters will hold a 3-D trail
shoot plus traditional shoot
July
12-13 at the Morrow
This hand-carved birdhouse
County
OHV Park.
made by the Laughlin's son,
Cost for one day is $ 11
Shane, is one of the features
of th eir rem arkable yard. - for a single person or $25
Contributed photo
for a family; cost for both
A lot o f people depend on me.
Even with arthritis, I need to stay strong.
If you get your heart rate up with moderate exercise,
your arthritis won't slow you down. But it takes more
than just staying busy. You need to walk, bike, swim,
or choose an activity that gets your heart rate up for
at least 30 minutes a day, 5 days a week. Or try 10
minute sessions, 3 times a day. In just 4-6 weeks,
you'll notice less pain and stiffness. It will also
improve your mood, and keep you strong.
For more information, visit www.cdc.gov/Arthrltls
or call 1 -800-C DC-INFO (800-232-4636).
i
id
CDC
A ARTHRITIS
• * FOUNDATION*
LM» Can H it*
Physical Activity. The Arthritis Pain Reliever
days is $20 for a single and
$40 per family. All shooters
are welcome.
Concessions will be
available on site.
Camping spots
are available but going
fast; go to http://ww w.
morrowcountyparks.org/
ohv-park/home to reserve
a spot.
Help is needed setting
up and tearing down for
the event. Please let event
coordinators know if you
are able to help.
Pre-register by calling
Elizabeth at 541-377-0014.
Questions, contact Toby
Gangler at 541-314-3292
or Elizabeth Roberts at 541 -
377-0014.
K os andra and Nathan
Invite you to celebrate with them as
they tie the knot on
^
J u ly 12, 2 0 I d a t 5:30pm
in the dticks at Penland Lake
Reception to follow
a t the Morrow
County Fairgrounds
a t 7pm
‘f p
No local invitations sent out