crime

A 58-year-old woman whose car struck a visually impaired Salem author while she was high on two drugs and legally blind was sentenced Tuesday to 70 months —almost six years — in prison.

Paige Clarkson, a Marion County deputy district attorney, said that Rose Litherland was high on both methamphetamine and marijuana on May 29 when she drove through the intersection at 17th and Chemeketa streets NE and hit John Dashney, 70, in the marked crosswalk.

“She did not see him and barreled through the crosswalk,” Clarkson said.

She did not have a valid driver’s license and is legally blind — although her attorney James Susee clarified that she has cataracts and could see well.

Dashney, an author of children’s books who is blind, suffered a broken back and ribs, punctured lungs, a blood clot on his kidney and a large cut to the back of the head.

He was in critical condition for several weeks before he was released from Salem Hospital on June 21. He is still receiving rehabilitation treatment, but is otherwise back up and walking, Clarkson said.

“He was not expected to survive his injuries … Frankly Mr. Dashney is lucky to be alive today,” Clarkson said. “Now he’s back to doing what he loves, signing and writing children’s books.”

In court Tuesday, Litherland pleaded no contest to a Measure 11 charge of second-degree assault and guilty to driving under the influence of intoxicants.

Litherland answered all of Judge Broyles’ questions with a yes or no, and did not say anything when given the chance.

“I think she’s very remorseful, she just doesn’t show it,” Susee said.

Clarkson said Dashney’s medical expenses are more than $300,000, but asked for a six-month delay in submitting a final amount of restitution in the case.

Susee said that Litherland is a permanent resident but is originally from an island in the South Pacific. He said that she was unemployed and would likely be deported so expressed doubts about her ability to pay.

“I’m hopeful that Mr. Dashney won’t have to suffer a financial loss,” Clarkson said. She said, however, that she will work to make sure that Litherland is held accountable for the costs. Read more about Woman sentenced in DUI crash that injured Salem children's author

Illegal drugs continue to be a major problem for the state of Oregon — the manufacture of them, the use of them, the illicit sale of them and even their transportation, according to a report from the Oregon High Intensity Drug Trafficking Area program.

Between January 2008 and the end of March 2012, authorities traced nearly $10 million in drug money seizures back to Oregon.

The connection to the state was determined through certain conditions: either the vehicle used for drug transportation or the driver’s license was registered to an Oregon address.

According to the HIDTA report, 464 incidents of drug or cash seizures could be traced back to Oregon. The most common states in which said incidents occurred were California, Nebraska and Kansas.

However, when considering the pounds of marijuana heading east, four states stand out: South Dakota, Nebraska, Kansas and Iowa.

The reason for Oregon’s high amount of seizures, authorities said, is the state’s location on a prime drug route — Interstate 5.

“Oregon sits on one of a number of major drug corridors,” said Chris Gibson, director of the Oregon HIDTA. “Drugs coming from Mexico and drug trafficking organizations are either being dropped here or distributed with portions being dropped here.”

I-5 connects Canada, Mexico and the states in between in a single vein of traffic, making it an ideal route for drug traffickers. In addition, many of Oregon’s other highways run east to other outlying states. The report cited Highways 97 and 395 as major examples.

These connecting highways, in addition to a drug demand in Oregon, make the state appealing for drug traffickers, Gibson said.

“I think Oregon has its own demand problem,” he said. “We just happen to have that distinction of sitting on I-5, which is the pipeline from Mexico both ways. It’s natural for drugs to make it up this way and then head east, but a lot of it is being left behind in the state.”

The two most frequently trafficked drugs noted by HIDTA are marijuana and controlled prescription drugs. Between the two, more than 60,000 incidents of seizures were connected to Oregon during a four-year period.

Gibson said it’s important to note that although it appears the connections point to the drugs being physically located in Oregon at some point, that’s not necessarily true.

“For instance, you could have a person from Salem who, for whatever reason, grabs a load in Idaho and takes it East,” he said. “It doesn’t necessarily connect the drugs that were being in Oregon at that point, I would say, with the exception primarily of marijuana.”

Southern Oregon continues to house a large amount of domestically-grown marijuana, Gibson said. More seizures of marijuana trafficking occurred on I-5 headed north than in any other direction or any other drug, according to the report.

Officials in Salem have a particular concern about marijuana because the drug frequently serves as a gateway into harder drugs, such as heroin, according to Lt. Dave Okada, spokesman for the Salem Police.

“A lot of it is marijuana leading to abuse of prescription drugs that leads to the heroin,” he said. “I don’t know if that has a correlation to the proximity of I-5, but our street crimes team is telling me that the vast majority of people they deal with on addiction issues say they started with marijuana.”

An Oregon State Police traffic stop north of Lakeview in 2011 led to the discovery of 50 pounds of marijuana. / Photo courtesy of Oregon State Police Read more about Report cites I-5 as major drug corridor

Clackamas County sheriff's deputies are starting to unravel a bizarre robbery spree in Welches.

Saturday they arrested 20-year-old Sergio Cruz-Hernandez for robbing a home on East Twinberry Loop early that morning. Neighbors say the homeowner was stabbed twice during the robbery and was taken to Emanuel Hospital to recover.

Jeff Harum said he woke up to screaming around 4 a.m. as his neighbor's wife came running down the street pleading for help.

"She was yelling 'they've come back. They're back again. They have my husband,'" Harum said.

The same house had been burglarized the week before. The volunteer firefighter who lives there awoke to a man standing in his room. Although the intruder had a gun and demanded cash, the homeowner was able to convince him to leave empty handed.

Harum believes the same man came back this weekend.

"This is insane for the same guy to come and hit the same house twice," Harum said.

Saturday the intruder was armed with a knife. Harum said his neighbor was taken to the hospital with two stab wounds.

"We're all pretty tight here, and we realize we kind of (have) to police ourselves and keep an eye on it," Harum said.

The scare was the second call deputies responded to that morning, according to a sergeant on the scene.

Just two blocks away, Victor Ruiz said a man broke into his trailer and tried to molest his 16-year-old sister while she was sleeping.

"She was screaming and then she ran into my room and said somebody was in her room," Ruiz said.

When he tried to run after the intruder, Ruiz said he couldn't find anyone.

Later Saturday, deputies took Cruz-Hernandez into custody and charged him with first-degree robbery. He was booked in the Clackamas County Jail. Deputies plan to press more charges after further investigation, according to reports.
  Read more about Police arrest home robbery suspect in Welches

A 22-year-old Philomath man pleaded guilty Friday to two counts of aggravated murder in the 2011 killings of his girlfriend and their infant child.

Gustavo David Martinez-Aquepucho faces two potential life sentences in the deaths of Kelsey Rozetta Baker, 19, and their 1-year-old son, Theo, on April 29 of last year.

Martinez-Aquepucho, in shackles and black-and-white-striped jail uniform, sat silently in a Corvallis courtroom with about 20 people looking on while prosecutors and defense attorneys met behind closed doors.

After several minutes of deliberation, the prosecution and defense teams entered the courtroom, followed by Benton County Circuit Judge Janet Holcomb. She read aloud the two counts that Martinez-Aquepucho was charged with as part of a plea agreement. After he said he understood the charges, Martinez-Aquepucho pleaded guilty to both.

Martinez-Aquepucho and Baker were both students at Oregon State University. They met several years ago at Philomath High School, where Martinez-Aquepucho was an exchange student from Peru.

According to statements introduced during an earlier hearing, the two had been estranged and Baker, who had refused to reconcile with Martinez-Aquepucho, had been seeing another man prior to the killings.

The defendant reportedly told authorities that he drugged Baker and Theo with cold medicine and then slit their throats with a knife. He then cut his own wrists in a suicide attempt, saying he wanted to be with them in the afterlife.

Each count carries a maximum sentence of life in prison. Martinez-Aquepucho must serve at least 30 years before becoming eligible for parole.

Holcomb set sentencing for 9 a.m. on Dec. 10, scheduling up to a week for the hearing.

According to Benton County District Attorney John Haroldson, the hearing will determine whether Martinez-Aquepucho will serve the sentence for each count consecutively or concurrently.

Haroldson said the state will argue that the sentences should be served consecutively.

“We just shifted from proving what happened to now looking at establishing what should happen,” Haroldson said. “Where one is looking at the past, the other is looking to the future.”

Due to the guilty pleas, the court will not consider the death penalty.

Martinez-Aquepucho is represented by attorneys Mark Sabitt and Dan Koenig.

  Read more about Philomath man pleads guilty in double murder

A traffic stop Saturday morning by Oregon State Police (OSP) troopers on Interstate 5 north of Canyonville led to the arrest of two men after the discovery of approximately 2 pounds of heroin concealed in their vehicle. Follow up investigation by OSP Drug Enforcement Section detectives and troopers also led to the arrest of a wanted person in Newberg.

On September 1, 2012 at approximately 7:09 a.m. an OSP trooper stopped a 2004 Chevrolet Impala displaying Washington license plates northbound on Interstate 5 near milepost 102 for a speed violation. The two occupants were identified as driver VICTOR HUGO BARRAGAN ALCAZAR, age 18, and passenger ARMANDO GIOVANI VALENCIA, age 18, both from Vancouver, Washington.

Subsequent investigation with the assistance of an OSP drug detection canine led to the discovery of approximately 2 pounds of heroin concealed in the car's trunk with an estimated value of $70,000.

Both men were taken into custody for Unlawful Possession and Distribution of Heroin. They were later cited and released to appear at a future date on the charges in Douglas County Circuit Court.

The investigation led OSP Drug Enforcement Section detectives and OSP troopers to Newberg. With the assistance of Newberg Police, OSP arrested ENRIQUE BOTELLO SANCHEZ, age 31, from Vancouver, Washington on September 2nd for an outstanding Fail to Appear Warrant (DUII, Resisting Arrest). Charges are pending for SANCHEZ related to the initial traffic stop and heroin seizure.

  Read more about OSP Traffic Stop Leads to Seizure of 2 lbs of Heroin, Arrests of 3 People in Douglas and Yamhill Counties

A review of the 1,240 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following:

4-arsons (0.32%), 131-assaults (10.56%), 25-burglaries (2.02%), 29-driving offenses (2.34%), 171-drugs (13.79%), 4-forgeries (0.32%), 154-homicides (12.42%), 50-kidnappings (4.03%), 69-others (5.56%), 178-rapes (14.35%), 81-robberies (6.53%), 230-sex abuses (18.55%), 95-sodomies (7.66%), 12-thefts (0.97%), and 7-vehicle thefts (0.56%).
 

No member of the Oregon State Legislature should forget the uncounted crime victims and their families, no matter what their immigration status, all are victims of the 1,240 criminal aliens incarcerated in DOC prisons.

Besides the devastating human cost, the financial cost is overwhelming, as well.  Read David Olen Cross's full report.
  Read more about Oregon identified as a “sanctuary” for criminal aliens by USDOJ, the federal governments top law enforcement agency

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated August 1, 2012 DOC indicated there were 14,215 prisoners incarcerated in DOC’s 14 prisons (See attachment).

Not included in DOC’s August 1st Inmate Population Profile was DOC data indicating there were 1,240 foreign nationals (criminal aliens) incarcerated in its prison system (See attachment).

All 1,240 criminal aliens incarcerated on August 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for identifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 8.72% of the DOC August 1st prison population (See table).

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08rtf – 01 AUGUST 12.rtf and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

Comparing DOC criminal alien incarceration numbers from August 1, 2008 (1,077 criminal aliens) and August 1, 2012 (1,240 criminal aliens), the DOC prison system incarcerated 163 criminal aliens more than it did on August 1, 2008, a 15.13% increase (See table).
 

An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, August 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws (See link).

http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf

The USDOJ, the federal governments top law enforcement agency, identified Oregon as a “sanctuary” for criminal aliens.

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), Section (1), prohibits Oregon law enforcement (Oregon State Police (OSP), county sheriffs, city police departments) from asking immigration status of anyone residing in the State of Oregon “for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.” Under ORS 181.850, Section (2), Oregon law enforcement may exchange information with U.S. DHS–ICE . . . “in order to: Subsection (a), “Verify the immigration status of a person if the person is arrested for any criminal offense;” or, Subsection (b), “Request criminal investigation information with reference to persons named in records of the” U.S. DHS–ICE . . . (See link).

http://www.leg.state.or.us/ors/181.html

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, or maim Oregonians.

I ask the Oregon Legislature to please introduce, support, and pass legislation to fight foreign national crime in the next Oregon State Legislature legislative session.
  Read more about 1,240 foreign nationals (criminal aliens) incarcerated in DOC prison system

In a 5 p.m. Friday news release, Assistant U.S. Attorney Ann Birmingham Scheel, acting on behalf of the United States Department of Justice, announced her office "is closing its investigation into allegations of criminal conduct" by current and former members of the Maricopa County Sheriff's Office and the Maricopa County Attorney's Office. Federal prosecutors have advised Maricopa County Attorney Bill Montgomery of the decision.

In a four-page letter to Montgomery, Scheel explained the reasoning for the decision.

Federal prosecutors decided to not prosecute matters tied to alleged misuse of county credit cards by sheriff's officials, alleged misspending of jail-enhancement funds and other matters. The U.S. Attorney's Office had already made public it would not pursue charges on those matters.

Scheel wrote that the agency declined to initiate any state criminal charges arising from its broader appointment to pursue state charges that may have come up in connection with the federal investigation. Several federal attorneys had been deputized to handle state crimes arising from the investigation.

"Law enforcement officials are rightfully afforded a wide swath of discretion in deciding how to conduct investigations and prosecutions," she wrote. "Unfortunately, such discretion can act as a double-edged sword: although it empowers fair-minded prosecutors and investigators to discharge their duties effectively, it also affords potential for abuse. Our limited role is to determine whether criminal charges are supportable. After careful review, we do not believe the allegations presented to us are prosecutable as crimes."

Scheel wrote that federal prosecutors reached the same conclusion on potential federal criminal violations, specifically related to the allegations involving retired Superior Court Judge Gary Donahoe. Attorneys considered whether former Maricopa County Attorney Andrew Thomas and his former Deputy County Attorney Lisa Aubuchon committed perjury in causing a complaint to be filed to avoid a court hearing, and whether their pursuit of criminal charges amounted to a violation of federal criminal civil rights laws.

Scheel wrote that the agency was mindful that a disciplinary panel had concluded Thomas, Aubuchon, Hendershott and Arpaio conspired in a criminal manner to violate Donahoe's civil rights. "However, our obligation is different from the State Bar disciplinary panel, under its rules and burdens of proof, has reached certain conclusions about the conduct of Thomas and Aubuchon," she wrote. "We must weigh the evidence and law under the far heavier burden associated with criminal prosecution. Based on this review, we have concluded that allegations of criminal misconduct under federal statutes are not prosecutable."

She wrote it was "not enough to show that Judge Donahoe was subjected to conduct that was abusive or even unconstitutional. While Judge Donahoe suffered severe turmoil resulting from the criminal charges, as evidenced by the record in the Bar proceedings, we don't believe there is sufficient evidence to meet our burden that he suffered the sort of complete job depreciation contemplated by existing precedent."

"I'm just pissed," said Maricopa County Supervisor Andy Kunasek. "If (former Deputy County Attorney) Lisa Aubuchon and (former Sheriff's Chief Deputy) David Hendershott are not prosecuted for perjury, then this is all about politics. This is about a Justice Department that is afraid to do their jobs."

Maricopa County Supervisor Mary Rose Wilcox, one of those who has sued Arpaio alleging she was improperly investigated, said she was shocked when contacted by The Republic. "I can't imagine why they would do that when there's so much evidence there, particularly from the Thomas case and all the testimony that came out. I just am floored," Wilcox said.

Sheriff's Deputy Chief Jack MacIntyre commended federal prosecutors for their handling of the investigation that began in 2008. MacIntyre also said the U.S. Attorney's Office recognized that many of the allegations related to the anti-corruption enforcement unit Arpaio started with former County Attorney Andrew Thomas were handled in the State Bar proceeding that resulted in Thomas being stripped of his license.

"The U.S. Attorney's Office and its investigators recognized what Sheriff's Office has said all along: we did not make any prosecutorial decisions, even through things were referred to the then-county attorney," MacIntyre said. "The sheriff and the Sheriff's Office commend the U.S. Attorney's office for having the honesty, the integrity and the strength of character to make the statement that they do today: clearing this office and dispelling the shadow that's been lingering over it for over three years."

Thomas, a onetime Arpaio ally, was disbarred earlier this year. During the disbarment proceedings, testimony was given that Arpaio or his subordinates had abused the power the office. The investigation began in December 2008.

Bill Solomon, a spokesman for the U.S. Attorney's Office, said he could not comment any further on the agency's decision. He said the agency would not immediately release records pertaining to the closed investigations. Read more about Feds shut down criminal investigation of Arpaio; no charges to be filed

An Albany man has been arrested on sex crime charges.

Miguel Lopez-Garcia, 35, faces charges of two counts of first-degree sexual abuse, and first degree unlawful sexual penetration.

He was being held at the Linn County Jail and his initial bail was set at $150,000.

Lopez-Garcia also has a federal immigration hold.

On Aug. 22, Albany Police Department received a report from a 12-year-old female that Lopez-Garcia, whom she knew, had abused her about a year-and-a-half ago.

Detectives obtained a search warrant for Lopez-Garcia’s residence in the 400 block of 38th Avenue S.E. At 7:30 p.m. Tuesday, the search warrant was served and Lopez-Garcia was arrested.

Lopez-Garcia is under an INS HOLD Read more about Albany man charged with sex crimes