October 14, 2016 • Seaside Signal • seasidesignal.com • 3A
OBITUARIES
Donald Howell
Nov. 22, 1928 — Sept. 29, 2016
Donald “Don” Howell,
longtime Cannon Beach res-
ident, passed away on Sept.
29, in Portland, at the age of
87.
Don was born in Glad-
stone, Oregon, on Nov. 22,
1928, to Richard and Alice
Howell. He had two brothers,
Richard and Jim. He attend-
ed Oregon City High School
and graduated in 1946.
In 1948, Don moved per-
manently to Cannon Beach
and joined the Astoria Re-
serve Fleet of the U.S. Mar-
itime Administration, doing
maintenance and radio repair
for local ships stationed in
Astoria, Oregon.
Don was drafted into the
Army in 1950 at the start of
the Korean War, and was
stationed in Japan and Ko-
rea until returning home in
1953, where he remained
in the Army Reserves until
his honorable discharge in
1956. After returning home,
Don returned to his work for
the Maritime until the Asto-
ria Maritime base closed in
1968.
Donald Howell
In 1969, Don went to
work for the Cannon Beach
Water Company, and later
became the Public Works di-
rector for the city of Cannon
Beach until his retirement in
1991. While working for the
city, Don also co-owned a
local grocery store in the late
1960s and early 1970s, as
well as an antique store in the
mid-1980s.
Don had a special bond
with Cannon Beach, and was
loved by the community. In
the last few years, he devel-
oped a following on social
media for his nightly sunset
photos, and could be seen
regularly standing at the end
of his street at sunset, talking
with locals and tourists alike,
sharing the history and beau-
ty of this little beach town he
loved so much.
Don is survived by his
two daughters, Linda (Eric)
Rebitzer of Tumwater and
Debbie (Ken) Dimeo of Cen-
tral Oregon; granddaughter
Amanda (Chuck) Walker of
Bend, Oregon; and many
nieces and nephews.
In lieu of lowers, please
consider making a donation
to Doernbecher Children’s
Hospital Foundation, 1121
S.W. Salmon St., Suite 100,
Portland, OR 97205-2021.
Don held a special place in
his heart for these kids.
Don will be greatly
missed by his family, friends
and community.
Connie Kay (Staley) Henry
July 12, 1957 — Sept. 30, 2016
Connie Kay (Staley) Hen-
ry was born July 12, 1957,
in Bend, Oregon, to Robert
and Marilyn Staley, and was
brought home by her Lord on
Sept. 30, 2016.
Her childhood was spent
in Seaside, Oregon, attending
school and participating in
sports, notably track and ield
and basketball.
Later in life, she settled in
Minnesota, working and rais-
ing her children. The past few
years have seen her return to
her beloved Oregon, working
and spending time with her
family.
She is survived by her
mother, Marilyn Staley; her
sister, Judy Staley of Seaside;
her daughter, Tessie (David)
Rodkevich, and son, Travis
Henry, both of Minnesota;
ive grandchildren; her neph-
ew, Dylan Rabell; her com-
panions, Bella and Ken; and
numerous friends.
Her optimistic nature en-
deared her to many along her
life journey, and she will be
dearly missed by all.
A celebration of life was
held at the Hamlet Historical
Schoolhouse on Saturday,
Oct. 8.
Connie Henry
Conlicting claims in
toddler murder trial
Opening statements
made in ‘gruesome’ case
By Kyle Spurr
EO Media Group
Prosecutors
described
Randy Lee Roden as some-
one with a violent history
who grew frustrated watching
after his girlfriend’s toddler
daughter and her two sons.
The state is accusing Ro-
den of murdering 2-year-old
Evangelina Wing and abus-
ing her brothers in the Sea-
side apartment he shared with
their mother, Dorothy Ann
Wing.
Roden’s defense lawyers,
however, say the focus on Ro-
den is a rush to judgment. The
defense claims the toddler
Barnett from Page 1A
Marquis had absolute immu-
nity because he was acting in
his role as prosecutor in the
judicial phase of the criminal
process.
Barnett appealed to the 9th
Circuit. The federal appeals
court, like Judge Hernandez,
will focus on the question of
absolute immunity, not Bar-
nett’s underlying claims that
his civil rights were violated.
“The only issue on appeal
is the question of immunity,
not the merits of the underly-
ing claim, which will be for
the trial court to resolve if and
only if the 9th Circuit con-
cludes that immunity is not
available in this case,” state
Senior Assistant Attorney
General Peenesh Shah, who is
representing Marquis, said in
an email.
Courts have long recog-
nized absolute immunity for
Saturday, Oct. 15
LAWS, William “Bill” — Celebration of life at 1:30 p.m., Lighthouse Christian Church,
88786 Dellmoor Loop in Warrenton.
Halloween Fun
October 31 st
trauma, Brown said.
The younger brother, now
3, had a broken bone in his
pelvic region and extensive
bruising.
“All of these injuries were
not accidental,” Brown said.
The state’s theory is that Dor-
othy Wing aided and abetted
Roden by allowing him to
live with her children and
take care of them while she
worked. She was responsible
for Roden’s actions, the state
claims, but was not the one
who murdered the toddler.
Wing, 26, pleaded guilty
in January to irst-degree
manslaughter and two counts
of irst-degree criminal mis-
treatment. She was sentenced
to more than 15 years in pris-
on, contingent on her truthful-
ly testifying at Roden’s trial.
Court to decide immunity issue
Absolute immunity
MEMORIAL
was killed by the abusive ac-
tions of her mother combined
with a dangerous lesh-eating
virus found on the girl.
Opening arguments began
Tuesday, Oct. 4, in Clatsop
County Circuit Court in the
death penalty trial of Roden.
The crimes are considered
among the worst child-abuse
cases in the county.
Chief Deputy District At-
torney Ron Brown gave a
detailed description of the
gruesome evidence. The
three children were tortured,
burned, bitten and caged in
the apartment. All three chil-
dren were the victims of child
abuse. The older brother, now
7, is one of the most trauma-
tized children his pediatric
doctor has seen. The boy will
not testify at trial due to the
government oficials perform-
ing their duties, a cover meant
to protect the decision-mak-
ing process from constant
legal second-guessing. For
prosecutors, courts have dis-
tinguished actions that are
judicial in nature from admin-
istrative functions.
In Barnett’s case, Marquis
informed the Seaside Police
that the District Attorney’s
Ofice would not use the de-
tective as a witness in prose-
cutions or work with him in
ongoing prosecutions because
of doubts about his credibility.
In Shah’s brief with the ap-
peals court, he noted that the
9th Circuit has upheld abso-
lute immunity for prosecutors
whose professional evalua-
tion of a potential witness was
“harsh, unfair or clouded by
personal animus.”
Absolute immunity, Shah
argues, applies to civil rights
claims and “protects defen-
dants regardless of any im-
proper motive or result.”
Sean Riddell, a Portland
attorney representing Barnett,
said in his brief that Marquis
retaliated against Barnett for
his free speech and led Sea-
side Police to curtail his work
assignments and future eco-
nomic potential, essentially
attempting to end his career.
“Defendants should not be
permitted to hide behind ab-
solute immunity for unethical
conduct,” Riddell wrote.
Retired
Barnett, a veteran Seaside
Police oficer, was a longtime
detective before becoming a
patrol sergeant. He was pro-
moted to lieutenant last year.
Barnett received a $20,000
cash payment from the city
when he retired in March.
The agreement included a
nondisparagement clause that
applied to both Barnett and
city leaders and precluded the
city from speaking about the
former oficer’s character or
reputation.
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