UMATILLA & MORROW COUNTIES WEDNESDAY, AUGUST 24, 2022 HERMISTONHERALD.COM • A11 OHS seeks $800,000 to help Boardman Morrow County Commissioner pushes back on claims about what the state is doing BY PHIL WRIGHT Hermiston Herald Boardman residents needing better water filters and more well testing due to nitrate con- tamination could get state help this fall. The Oregon Health Author- ity plans to ask the Legislature’s Emergency Board in September for $800,000 to help address the water crisis in northern Morrow County. Morrow County Commis- sioner Jim Doherty, however, sought a bigger contribution from the state. Doherty on Aug. 11 sent a let- ter to Rep. Greg smith, R-Hep- pner, to ask the governor and Emergency Board for $4 million in the Oregon Health Author- ity or Oregon Department of Environmental Quality budgets to “implement an in-depth and culturally relevant community outreach, education and com- munications strategy to address immediate, short term and on- going public health efforts in the Lower Columbia Basin as a re- sult of high and extremely high nitrate levels in domestic wells.” Doherty said since he made that request, Smith reported Gov. Kate Brown requested $800,000 for well water moni- toring and better filters. THE NEED FOR BETTER FILTERS Erica Heartquist is the com- munication officer for OHA’s Public Health Division. She ex- plained Morrow County and its partners have distributed point-of-use water filters — that is, systems that attach to a drinking water tap in the home — that don’t filter out enough nitrates. “Post-installation testing of several systems by Morrow County found that all systems reduced nitrates, but some did not reduce levels below the En- vironmental Protection Agency health advisory level of 10 mil- ligrams per liter of water,” ac- cording to Heartquist. “Such systems may also reduce other common domestic well water contaminants, such as bacteria and lead. OHA’s request to the legislative Emergency Board will be for point-of-use water filtration systems that are spe- cifically certified to reduce ni- trates to levels at or below 10 mg/l.” The Oregon Legislature convenes Sept. 21-23 for leg- islative days. Heartquist said OHA expects the Human Ser- vices Subcommittee of the Joint Emergency Board to consider the request on Sept. 21. If the subcommittee gives the OK, it goes before the full Emergency Board for consideration Sept. 23. Doherty said most of the fil- ters the county has installed are doing the job, with more than 90% of homes testing at below 10 mg/l two weeks after instal- lation. The kinds of filters the state is looking at buying cost Doherty said while the state needs to help, it could be a while before those better filers are in the homes of Boardman residents. Morrow County Emergency Manager Paul Gray on Aug. 8 sent an email asking about the filters to Curtis Cude, manager of OHA’s Environmental Pub- lic Health Surveillance Pro- gram. Cude in response stated OHA continues “to make progress towards our plan to support delivery of outreach and education, lab testing of domestic wells and point-of- use reverse osmosis treatment systems to households im- pacted by high domestic water nitrates in the Lower Umatilla Basin Groundwater Manage- ment Area in Morrow and Umatilla counties.” He said he and staff were contacting local water profes- sionals potentially interested in installing the filters and devel- oping a contract template for this purpose. “It will likely be a few weeks before the first contract has passed review and we are ready to start work,” he said. “That contract will give local profes- sionals flexibility in terms of what products they use, pro- vided they are NSF-certified to reduce nitrates. That flexibility is important because filters are added or removed from time to time.” But Cude also told Gray he believes there is emergency funding available to bridge the gap from when the first con- tract is issued and legislative funding becomes available. Erick Peterson/Hermiston Herald, File Tory Uskoski, Blue Mountain Plumbing plumber, adjusts a newly in- stalled filter July 14, 2022, in a Boardman home. The new filters, how- ever, might not remove enough nitrates from contaminated wells to reach the Environmental Protection Agency’s standard of 10 milligrams per liter of water. Two weeks after initial installations, more than 90% of the filters are meeting the standard. $1,500-$1,800 each, he said, and he has some concerns if the filters can get to a stricter level of milligrams per liter require- ment in the Lower Umatilla Ba- sin Groundwater Management Area in Morrow and Umatilla counties. “We’re worried a little bit be- cause in the LUBGWMA, the trigger is 7,” he said. Oregon Health Authority has estimated there are approx- imately 4,500 domestic wells in the area serving about 12,000 household members. INSTALLATION IS WEEKS AWAY Republican Sen. Bill Hansell of Athena serves on the Emer- gency Board as does Rep. Smith. Hansell explained the board does just what its name says — address emergencies state agencies could not have planned for. “A way to describe it is this is the state of Oregon’s contin- gency fund,” he said. Hansell also said he recently spoke with the governor, and she also is working on allo- cations for Echo due to the flooding there and for Wallowa County because of the sudden storm Aug. 11 that damaged property, injured people and killed livestock. The requests for emergency funds come from the gover- nor’s office or state agencies, he said, not from legislators. “They have to come from a budgeted agency,” he said. DOHERTY CALLS OUT THE STATE Doherty also said he is con- cerned that state agencies could use the crisis in Morrow County to seek funds from the Emergency Board and then use that money for additional staff outside the county. And he said he took issue with OHA in a July 7 letter to the EPA claim- ing it was ramping up efforts to help Morrow County, in- cluding with “linguistically ap- propriate outreach and educa- tion to low-income households about nitrate contamination; a detailed hazard assessment of nitrate data and demographic analysis of impacted commu- nities; domestic well water test- ing; and, for well users with el- evated nitrate concentrations, alternative drinking water or drinking water treatment op- tions.” Doherty said that letter raised his hackles. “Frankly, they’ve done none of the above,” he said. Likewise, the state’s claims it is working with Morrow County and its partners don’t carry much water with him. “I sure as hell don’t know where they’ve been,” he said. “I haven’t seen them.” Doherty also said it was time for the state to “Get your butts out there and do something, and pay us back.” By the time the Emergency Board meets, he estimated Morrow County will have spent at least $500,000 since June 9, when the county board of commissioners declared an emergency due to the water contamination. Suspect, bystander shot in attempted casino robbery BY ANTONIO ARREDONDO AND MARCO GRAMACHO Hermiston Herald The suspect in the robbery and shootout earlier this week at Wildhorse Resort & Casino near Pendleton tried to steal $1 million. The U.S. Attorney’s Office for the District of Oregon in a press release Friday, Aug. 19 reported Javier Francisco Vigil, 51, a local man, walked straight to the ca- shier cage in the gaming area on Aug. 17 and handed the cashier a note demanding $1 million. “Vigil then drew a holstered pistol,” according to the press release, “pointed it at the cashier and threatened to ‘bathe every- one in blood.’” Instead of the $1 million, Vigil got almost $70,000 in cash before making his exit, when he then pointed his gun at a Uma- tilla Tribal Police Department officer who was responding to the robbery and fired. Vigil suffered injuries in an ensuing exchange of gunfire before police took him into cus- tody. He made his initial appear- ance in federal court in Portland on Aug. 19 before U.S. Magis- trate Judge Jolie A. Russo. Fed- eral prosecutors charged Vigil with committing a Hobbs Act robbery and using and carrying a firearm during and in relation to a crime of violence. The Hobbs Act is a federal law from 1946 that further criminalizes robbery or extor- tion. A conviction under the Hobbs Act can mean a prison sentence of up to 20 years. The court ordered Vigil to remain in custody pending fur- ther court proceedings. He now is an inmate at the Multnomah County Jail, Portland. CAUGHT IN THE GUNFIRE Wildhorse is on the Umatilla Indian Reservation several miles east of Pendleton. The Confed- erated Tribes of the Umatilla Indian Reservation reported the Umatilla Tribal Police Depart- ment at 1:04 p.m. responded to a report of a robbery in action at Wildhorse. Vigil was not the only one to take a bullet. The Pendleton School Dis- trict reported some of its staff were at Wildhorse and a school event. “Several members of our staff witnessed the incident,” accord- ing to the district, “and one staff member was injured.” The district did not identify the staff member. CTUIR Board of Trustees Chair Kat Brigham in a state- ment the morning of Aug. 19 reported the bystander is ex- pected to make a full recovery. WITNESSES RECOUNT EVENTS Matt Waggoner was one of the people standing by the en- trance to the casino on a video call with his son when he saw a police car roar up to the en- trance of the food court hun- dreds of feet away. He said an officer stepped out of the vehicle and began yelling for everyone to get down and put their hands up. “It was all so sudden,” Wag- goner said. The Athena resident said he saw the robber emerge from the doors, firing away at the offi- cer. After exchanging gunfire, Waggoner said the gunman ap- peared to be hit on his right side before crumpling to the ground. He also captured about 20 minutes of footage of the shoot- ing and subsequent action on his phone. Danielle McClelland said she was on her way to an after- noon work retreat when she witnessed the shooting. At the time, she was waiting for her fa- ther to pick her up. “The shooting happened so fast. I couldn’t see much. I heard so many shots,” she said. There were 13 bullet casings in the area behind the officer’s car and at least three bullet cas- ings on the gunman’s side. Along with Waggoner, other bystanders filmed the shooting. Police asked one to stay back to provide evidence. The man, who wanted to remain anony- mous, said he was waiting for a transfer bus to Hermiston for an appointment when the shooting happened. His statement cor- roborated at least part of Wag- goner’s recount. “(The gunman) came to- wards the officer shooting,” the man said. “It was surreal to see that and being able to film it. Luckily I had my phone in my hand because I was shaking.” The man also said he posted the video to Facebook. All three witnesses com- mented on how quick the vi- olent encounter was and how fast police arrived. Waggoner said three police cars were at the scene in short order and Uma- tilla County Sheriff’s Office and Oregon State Police also arrived. CTUIR OFFICIALS REACT The confederated Umatilla tribes reported approximately 20 police were on site after the shooting, including tribal police and FBI. Wildhorse in a statement re- ported ambulances took both the suspect and the bystander to St. Anthony Hospital, Pend- leton. “We are grateful no one else was physically injured with all that took place,” according to Wildhorse CEO Gary George. “Security personnel and Tribal Police were quick to act and the situation was controlled in a swift manner.” He also credited Wildhorse staff, saying, “The way the ca- shiers and everyone handled the situation was exemplary.” Members board of trustees were at the casino attending a lunch with a guest when the robbery attempt and shootout occurred. Brigham in her state- ment said the “scary event has been far ranging for everyone involved,” and the tribes’ policy and procedures are there to pro- tect people. “Our staff, the tribal police, our casino security and our gaming commission did a great job in making sure everyone was safe,” she said. Brigham also stated Yellow- PENDLETON — Investiga- tors continue working to de- termine what sparked the fire more than a week ago that tore through the Grain Craft flour mill in Pendleton as well as plans for the future of the burnt out building itself. Assistant Chief Anthony Pierotti with the Pendleton Fire Department said a structural engineer came Wednesday, Aug. 17, a week after the fire, and Grain Craft “is going to find a demolition company.” Pierotti also said an investi- gation is ongoing as to the cause of the fire. The fire department continues to keep a firetruck on-site to “knock down” the smoke and combat any poten- tial flare-ups. “All is status quo,” he said. Although the situation has re- mained unchanged, roads sur- rounding the mill have steadily reopened, and Grain Craft dispatched members of its leadership team to walk the site last week. James Reeder, owner of the Outlying Perspective, a drone operator from Athena, flew a specialized drone on Aug. 17 on behalf of Grain Craft into and over the mill to create a 3D model of the building to help determine its structural integ- rity and to find any remaining hot spots. A timeline for demolition has yet to be established, but there are discussions of opening an on-site asbestos testing facility, according to Pendleton Build- ings Official Ty Woolsey. curity, emergency response and communications to protect our tribal members, community, employees and guests.” CTUIR also reported Uma- tilla Tribal Police is leading the investigation with the assistance of the FBI and local and state law enforcement agencies. — East Oregonian news editor Phil Wright contributed to this report. 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