Heppner Gazette-Times, Heppner, Oregon Wednesday, July 22, 2015
JAIL TIME FOR FIRES
-Continued from PAGE ONE “would result in a sentence side, a wholly separate
consequences should it hap-
pen again. As an aside, ac-
cording to the BLM itself,
the 2001 Hardie-Hammond
fire had, in fact, “improved
range conditions” on the
public lands.
The 2006 “Krumbo
Butte” fire was started by
lightening on public land
adjacent to Hammond’s
private land, where they
grow their winter feed.
Hammonds set a backfire
that successfully kept the
Krumbo Butte fire from
burning a large portion of
their private land. Their
backfire burned about one
acre of federal land.
Ye a r s l a t e r, B L M
pressed charges for the
above-mentioned fires, cit-
ing endangerment of human
lives and damage to federal
property. However, the dis-
trict court found that no one
had been endangered by the
fires, and that the fires had
caused minimal damage.
In fact, the court found, the
fire had arguably increased
the value of the land for
grazing.
Original jail sentence
Dwight and Steven
Hammond (father and son
operators of the family
ranch) admitted to having
started the above fires.
In determining the Ham-
monds’ sentences, Judge
Hogan had decided that
applying the “mandatory
minimum” of five years
cited in the Antiterrorism
and Effective Death Penalty
Act would “shock the con-
science...” He referenced
the Eighth Amendment of
the Constitution, which
states, “Excessive bail shall
not be required…nor cruel
and unusual punishments
inflicted.”
To call for five years’
imprisonment, he said,
which is grossly dispro-
portionate to the severity
of the offenses here...” He
said that Hammonds’ ac-
tions “could not have been
conduct intended under [the
Antiterrorism and Effec-
tive Death Penalty Act]…”
Judge Hogan used his dis-
cretion under the Eighth
Amendment to sentence
Dwight (now 74) to three
months in prison, followed
by three years’ “supervised
release.” Dwight’s son Ste-
ven (45), father of three,
was sentenced to one year
and one day in prison—also
to be followed by three
years’ “supervised release.”
The men served their sen-
tences starting in 2013.
Their firearms were
taken, as was Dwight’s
pilot’s license.
Back to prison?
Not satisfied by Judge
Hogan’s reasoning or sen-
tencing decisions, the fed-
eral government is now
coming back for more: It
wants the men to serve
at least five years’ time.
The government appealed
the judge’s decision to the
Ninth Circuit Court of Ap-
peals, and that court agreed
that Judge Hogan’s ruling
must be remanded back to
another judge. The Ham-
monds appealed to the U.S.
Supreme Court in hopes
of overturning the Ninth
Circuit decision, but their
case was not taken up by
the high court.
Thus, the case is now
in the hands of Chief Judge
of the District Court of Ore-
gon, Judge Ann Aiken. She
will decide whether to insti-
tute the five-year minimum
or more. The resentencing
hearing, once scheduled for
July 9, has been delayed to
late October 2015.
Meanwhile, on the civil
civil case is being con-
sidered. The ranch is also
paying $400,000 as part
of a settlement agreement
with BLM for the alleged
costs of fighting fires for
which BLM claims the
Hammonds are responsible.
If the Hammonds have to
sell part of their ranch to
make the payment, BLM
managed (as part of the
settlement agreement) to
get first option to buy.
Meanwhile, due to
BLM’s refusal to renew the
family’s grazing permits,
the Hammonds have had
to find alternative feed for
their cattle for large parts
of the year, all while work-
ing to come up with the
$400,000 settlement sum.
Hammonds own grazing
preferences and hold an
associated permit on the
BLM land. What’s more,
they own private property
intermingled with the BLM
land. This two-year denial
of their grazing permits has
preventing them from us-
ing their grazing rights and
private land.
After a “45-year record
of exemplary stewardship”
on Hammonds’ part, the
family’s counsel wrote,
BLM’s refusal of permits is
an act of “zeal,” an effort to
“make an example of” the
family. The Hammonds are
currently appealing to get
their permits reinstated.
“The public has an in-
terest in maintaining and
stabilizing the livestock
operations that are de-
pendent upon the public
lands,” said the Hammonds’
appeal. “However, con-
trary to this interest, the…
BLM Decision destabilizes
[Hammonds’] current live-
stock operation which is
dependent upon the public
lands…”
Sheriff’s Report
December 8: -A wom-
an advised Morrow County
Sheriff’s Office that she
hit a deer on Hwy. 74 on
the way to work. She was
not injured, but the deer
appeared to be. MCSO
responded and located the
deceased deer; ODOT was
advised.
-A fire was reported
at GDs in Heppner. The
smoke was coming from the
chimney but the building
was supposed to be vacant.
MCSO and Heppner fire
responded.
December 9: -Morrow
County Sheriff’s Office ar-
rested Jered Lee Wicklund,
39, for probation violation.
-Someone from Willow
Creek Terrace in Heppner
advised MCSO that a vehi-
cle hit the side of the build-
ing. They believed they
knew who did it, but didn’t
believe he would report
it because he was elderly
and would be frightened
of having his license taken
away. The reporting person
said they heard a thud be-
fore lunch, but everything
seemed fine. However, a
resident later went into her
room and called staff be-
cause the wall in her room
was basically smashed and
all broken up.
-MCSO received report
that an Oregon State Police
pickup towing a boat had
gotten into a motor vehicle
accident with another ve-
hicle in Boardman. Joyce
Ann Becket, 62, was issued
a citation for Following Too
close.
-MCSO received a re-
port from Sub Zero Motel
in Irrigon that someone had
left all their belongings and
a cat in a room. They were
unable to get the cat out of
the room and wanted some-
one to come and help.
December 10: -Mor-
row County Sheriff’s Of-
fice was advised by a male
subject that he had a ve-
hicle accident at Willow
Creek Terrace in Heppner.
He said he didn’t need an
ambulance and there was
no property damage but
he needed to know what
he needed to do to make a
report because it put a dent
in the wall of the Terrace.
He advised he reported it to
the insurance company and
the Terrace was also making
a complaint.
December 11: -MCSO
was advised that Andrew
Cody Oneil was lodged at
Umatilla County Jail on a
Parole and Probation deten-
tion warrant.
-MCSO received report
of an individual in Heppner
who was driving and was
not supposed to be driving;
she requested that a deputy
speak to him.
-MCSO received sev-
eral reports of wind-related
problems.
-MCSO arrested An-
drew Cody Oneil on an
Irrigon Justice Court war-
rant for failure to appear
on Disorderly Conduct II.
The subject was lodged at
Umatilla County Jail on
other charges with holds
placed.
-MCSO arrested Jo-
seph Arthur Manning, 29,
on a Umatilla County war-
rant for failure to appear
on Possession of a Stolen
Vehicle and Driving While
Suspended-Misdemeanor.
-MCSO reported a
problem with all phone
lines going in and out; no
911 calls were coming in.
December 12: -A
woman in the Heppner
area advised she needed
her juvenile foster daughter
removed from her resi-
dence. The female was out
of control; nothing physical
had happened. A deputy re-
sponded and determined no
crime had been committed.
Dept. of Human Services
would be responding to
transport the juvenile.
-An MCSO officer
responded to a suicidal
subject in Boardman; the
subject was threatening to
shoot himself.
December 13: -A
woman in Irrigon reported
she had a disagreement with
her 17-year-old son, who
was told to stay with her
ex for a few days. He came
back saying he and another
juvenile were playing ball
and someone gave him
water, and now the juvenile
was acting funny and was
numb. The mother was
concerned about possible
drugs. Morrow County
Sheriff’s Office took the in-
cident under investigation.
December 14: -A fe-
male in Boardman advised
she needed police because
her boyfriend had hit her.
She was uncertain whether
he had left or not. She ad-
vised she did not need an
ambulance. Morrow Coun-
ty Sheriff’s Office arrested
Jaime Santiago, 37, for As-
sault IV-Domestic Violence
Misdemeanor.
-Hermiston PD re-
quested an agency assist
from MCSO to locate a
white Ford pickup that may
have been involved in a hit-
and-run in Hermiston.
-A female in Irrigon
reported that another fe-
male had her keys and she
wanted to get them back.
MCSO arrested Kimber-
lee Castellano, 42, on a
Umatilla County Sheriff’s
Office warrant for failure to
appear on Physical Harass-
ment and Interfering with a
Police Officer.
-Oregon State Police
advised Morrow County
Sheriff’s Office that they
arrested Jack Dale Castator,
31, for a Morrow County
Circuit Court warrant.
December 15: -Mor-
row County Sheriff’s Office
received report of a distur-
bance on Water St. in Hep-
pner. A male and female
were yelling at each other;
reporting person did not
hear any threats or physical
altercation.
-A person in Heppner
requested MCSO conduct
- FIVE
Dressing the part at Heppner’s
‘heroic’ summer reading
A group of children at the Heppner library work on coloring superhero masks as part of the
Summer Reading “hero” theme. Heppner’s summer program wraps up this Wednesday as
participants receive prizes for the number of reading minutes logged over the summer. –Photo
by Andrea Di Salvo
Bank of EO reports second-
quarter earnings
Heppner—BEO Ban-
corp and its subsidiary,
Bank of Eastern Oregon,
announced a second-quar-
ter 2015 consolidated net
income of $724,000 or
$0.58 per share compared
to $717,000 or $0.62 per
share for second quarter
2014. Year-to-date earnings
were $1,194,000 compared
to $1,275,000 for the first
six months of 2014. Total
assets were $343.2 million,
up 11.7 percent year over
year. Net loans of $290.7
million were up 13.3 per-
cent from the same period
in 2014, while deposits
were at $304.6 million,
up 14.9 percent year over
year. Shareholders’ equity
increased by $2.6 million
or 10.4 percent from June,
2014.
“Second quarter earn-
ings are in line with 2014
numbers, with year-to-date
numbers impacted by non-
recurring costs associated
with the acquisition of Bank
Reale. The accounting con-
version process is complete
and I commend our em-
ployees for their hard work
and dedication in mak-
ing the process relatively
simple and seamless for our
customers,” said President
and CEO Jeff Bailey.
Chief Financial Of-
ficer Mark Lemmon said,
“Return on Average As-
sets for the quarter was
0.85 percent and Return
on Average Equity was
10.64 percent compared
to 0.94 percent and 11.89
percent respectively year
over year. The acquisition
has been immediately ac-
cretive to earnings, but total
assets, equity and number
of shares outstanding also
each increased impacting
the comparison of ratios.
“While many of our
peers are showing com-
parative earnings growth
through not provisioning
for potential future loan
losses, our core earnings are
strong enough to continue
funding the reserve and
still show positive trends,”
Lemmon concluded.
“Deposit runoff is
not unusual with an ac-
quisition, but to-date our
welcome from the former
Bank Reale customers has
been positive,” added Chief
Operations Officer Gary
Propheter. “We have a great
team in place in Pasco.
Meanwhile, deposit trends
remain strong in our tra-
ditional markets. Though
we anticipate action by the
Federal Reserve regarding
interest rates later in 2015,
we expect these changes
to have little impact on
in-market loan and deposit
rates given current eco-
nomic conditions.”
“Wheat harvest started
a little earlier than nor-
mal and the dry conditions
have impacted yields. All
of the grain and forage
crops have seen a decline
in prices since last year. The
brightest aspect for the Ag
economy is the continued
strength in cattle prices.
We are seeing decent loan
demand across our branch
and loan production office
network,” said Bailey.
“Even with the volatil-
ity in prices and yields, we
expect that our Ag portfolio
will perform relatively well
in spite of the drought, but
it is prudent to continue to
fund our loan loss provision
to allow for loan growth
and any cyclical volatil-
ity that may occur in the
Ag economy,” concluded
Bailey. “It is gratifying to
see the growth in loans as
well as deposits across our
entire system. We appreci-
ate the confidence that our
customers have in our team
of bankers,”
For further information
on the company or to access
internet banking, please
visit our website at http://
www.beobank.com.
DA’s Report
Morrow County Dis-
trict Attorney Justin Nelson
has released the following
report:
-William Dean Rill,
48, was convicted of two
counts of Harassment, a
Class B misdemeanor. The
defendant was sentenced
to 90 days jail time on each
count; however, all jail
time was suspended and
the defendant sentenced to
24 months bench proba-
tion, to include 25 hours
of community service on
each count, no offensive
physical contact with the
victims, and successful
completion of anger man-
agement evaluation and any
recommended treatment.
Additional counts of Crimi-
nal Mistreatment I, Assault
IV – Constituting Domestic
Violence, and Strangulation
– Constituting Domestic
Violence were disposed
without conviction. Fines,
fees and assessments to-
taled $1,100.
Justice Court Report
Morrow County Justice
of the Peace Ann Spicer
has released the following
Justice Court report:
-Jose G. Jaramillo, 43,
of Lodi, CA failed to appear
and was found guilty by
default of No Operator’s
License and Driving Unin-
sured, and was fined $260
on each citation, for a total
of $520.
-Richard Burnside, 24,
of Heppner failed to appear
and was found guilty by
default of Driving While
Suspended – Violation, and
was fined $435.
-Sandra Susan Ken-
nedy, 50, of Stanfield, OR
failed to appear and was
found guilty by default of
Driving While Suspended
– Violation, and was fined
$435.
-Giselle Lee Moses,
41, of Heppner was found
guilty of Failure to Drive
within Lane and was fined
$260.
a welfare check on an el-
derly woman who lost her
husband that year; they
feared the female might be
suicidal.
December 16: -MCSO
was advised that windows
on Main St. in Ione were hit
with a bullet of some kind;
four windows, four holes.
MCSO took the incident
under investigation.
-A male in Heppner
reported a theft of beer out
of a fridge. He requested
contact. He also heard about
the theft of a chainsaw from
his neighbors around the
same time.
December 17: -MCSO
received a noise complaint
out of Hermiston; the re-
porting person said there
was loud music and people
running in and out. The
reporting person asked if
the officer could park away
and walk in, as they had
lookouts. MCSO reported
a citation issued.
December 18: -A per-
son at the Irrigon Shell stat-
ed that a suspicious-looking
male subject was sitting in
a booth apparently taking
pictures of young girls.
-A woman in Hep-
pner advised MCSO that
she came home to find her
house trashed. The advised
that there were holes in
two doors, and stuff thrown
around. She advised there
was a large footprint on a
cardboard box that could
possibly be the suspect’s.
MCSO took the incident
under investigation.
December 19: -MCSO
was advised that workers at
the new building site by the
courthouse in Heppner had
been picking up approxi-
mately a 12-pack of beer
cans every night from the
site but nothing was miss-
-Continued on PAGE SEVEN