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Grand Jury returns not true bill decision in June 9, 2019 fatal officer involved shooting - 08/16/19

August 16, 2019

Grand Jury returns not true bill decision in June 9, 2019 fatal officer involved shooting

Today, Multnomah County District Attorney Rod Underhill announced that upon the conclusion of the presentation of evidence, a grand jury returned a not true bill regarding the use of force by a Portland Police Bureau officer that resulted in the death of 38-year-old David Wayne Downs.                                            

The grand jury determined the use of deadly force by Portland Police Officer Nathan Kirby-Glatkowski was a lawful act of self-defense and/or defense of a third person, pursuant to Oregon law.

This investigation started on June 9, 2019 when officers assigned to the Portland Police Bureau were dispatched to a disturbance in the 1300 block of Northwest Lovejoy Street in Portland, Oregon. According to information previously released by the Portland Police Bureau, as officers were dispatched, they received information that the male, later identified as Downs, was armed with a knife and threatened to have an explosive device. 

A copy of the information previously released in this case from the Portland Police Bureau can be obtained by clicking here.

The grand jurors who reviewed this case are Multnomah County community members. Each grand juror was selected by Multnomah County’s Chief Criminal Judge from the regularly scheduled jury pool. This is a process set by Oregon’s Constitution.

Like in the past, the grand jury proceedings in this case were recorded, in accordance to ORS 132.260.

Pursuant to ORS.132.270, the Multnomah County District Attorney’s Office will file a motion and request that the court authorize the release of a grand jury transcript for public review.

It shall be up to the Multnomah County Circuit Court Presiding Judge to determine if the motion to release the transcript will be granted.

The Multnomah County District Attorney’s Office cannot comment any further on this case at this time.

 

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Sexual abuse indictment issued as part of ongoing Untested Sexual Assault Kit Project - 08/16/19

August 16, 2019

Sexual abuse indictment issued as part of ongoing Untested Sexual Assault Kit Project

Today, Multnomah County District Attorney Rod Underhill announced that as part of the ongoing Untested Sexual Assault Kit Project, a grand jury has indicted Jesse Ryan Moser, 36, for allegedly sexually abusing a 17 year old female in 2013 and 2014.

This is the eighth case to be indicted under the Multnomah County District Attorney’s Untested Sexual Assault Kit Project.

The indictment charges Moser with seven counts of sexual abuse in the second degree.

It is alleged in the indictment that while in Multnomah County, Moser unlawfully and knowingly subjected the female, who was a minor, to sexual intercourse on multiple occasions between October 27, 2013 and July 31, 2014.

The victim in this case does not want media contact. The Multnomah County District Attorney’s Office is requesting media respect her privacy.

This case was reported to the Portland Police Bureau on December 14, 2013 and was assigned to its Detective Division. During the pendency of the investigation, law enforcement remained in contact with the victim and attempted to locate the suspect in this case.

The Sexual Assault Forensic Evidence (SAFE) kit in this matter was tested as part of the Untested Sexual Assault Kit Project, which was initiated by a grant provided by the New York County District Attorney’s Office.

On August 14, 2019, a Multnomah County grand jury returned the seven-count indictment against Moser and an arrest warrant was issued.

Moser was located in Lane County and transported to the Multnomah County Detention Center on August 15, 2019.

Due to the ongoing investigation, the Multnomah County District Attorney’s Office is not able to provide any additional details on this case.

An indictment is only an accusation of a crime. Moser is innocent unless and until proven guilty.

Sexual Assault Kit Backlog Elimination Project

In 2015, Multnomah County District Attorney Rod Underhill, along with the Portland Police Bureau, Gresham Police Department, Multnomah County Sheriff’s Office and the Oregon State Police Forensic Laboratory collaboratively initiated a project to process thousands of untested Sexual Assault Forensic Evidence (SAFE) kits in Multnomah, Marion and Lane counties.

District Attorney Underhill and others quickly identified funding from the New York County District Attorney’s Office (DANY) and worked collectively with the Portland Police Bureau’s Sex Crimes Unit after the City of Portland received a grant from U.S. Department of Justice’s Bureau of Justice Assistance’s (BJA) Sexual Assault Kit Initiative Grant Program.

DANY awarded the Multnomah County District Attorney’s Office a total of $1,995,453 in September 2015. Using those funds, a coordinated effort involving local law enforcement and the Oregon State Police was launched to send SAFE kits, dated 2014 or older from Multnomah, Lane and Marion counties, to a private lab in Utah for testing.

Under the DANY grant, nearly 3,000 sexual assault kits from around the state of Oregon were tested.

In 2018, Oregon became one of the first five states in the country to clear its backlog of Sexual Assault Forensic Examination (SAFE) kits.

In Oregon, Senate Bill 1571, known as "Melissa's Law," was the Oregon Legislature's response to ensuring all sexual assault kits, except for anonymous kits, are sent to the Oregon State Crime Laboratory for timely testing.

The Portland Police Bureau’s Sexual Assault Kit Initiative Workgroup, which was created in 2015, is comprised of victim-centered and trauma informed members of the Portland Police Bureau and the Multnomah County District Attorney’s Office.

Results from the kits continue to be investigated and survivors of sexual assaults are being notified. The Portland Police Bureau’s Sex Crimes Unit encourages those who have had a SAFE kit collected prior to 2015 to contact the oseproject@portlandoregon.gov">roseproject@portlandoregon.gov or 503-823-0125.

Current Multnomah County SAFE kit criminal cases (as of August 16, 2019)

State of Oregon vs Jihad Eldeen Moore - 18CR13996 – Convicted Oct. 31, 2018

State of Oregon vs Chanh Van Tran - 18CR25167 - Convicted in November 2018

State of Oregon vs Curtis Clint Williams - 17CR37474 - Convicted in June 2018

State of Oregon vs Steven Guy Tubbs - 17CR08640 - Convicted in August 2018

State of Oregon vs Jose Oscar Rosales - 17CR29317 - Convicted in February 2018

State of Oregon vs Ricky Alexander Harrison - 18CR59141 - Pending arraignment

State of Oregon vs Richard Timothy Ward – 19CR25495 - Pending arraignment

State of Oregon vs Jesse Ryan Moser – 19CR53575 – Pending trial

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-187-Jesse_Ryan_Moser.pdf
Eric Saia receives 10 year prison sentence for randomly attacking a man walking his dog - 08/14/19

August 14, 2019

Eric Saia receives 10 year prison sentence for randomly attacking a man walking his dog

Today, Multnomah County District Attorney Rod Underhill announced that Eric Saia, 34, received a 10 year prison sentence for randomly attacking a man using a hatchet.

“This was an event that will impact the victim and his wife for the rest of their lives,” said Multnomah County Deputy District Attorney Eric Collins, who litigated this case. “I can’t imagine being part of this event. The fact that they did nothing to instigate what occurred is frightening for our community. During our judicial settlement conferences, it became clear that Mr. Saia wanted to take responsibility for his actions. This is a significant sentence, but it is appropriate given the seriousness of these crimes.”

This investigation started on October 7, 2018 when Portland Police responded to reports of a robbery and assault in the area of Northeast Schuyler Street and Northeast Martin Luther King Jr. Boulevard in Portland, Oregon. When officers arrived on scene, they located an adult male on the ground holding a rag to his head bleeding profusely.

During the investigation, law enforcement learned that the victim was out walking his dog when Saia and another man approached the victim on bikes. The two men rode past the victim but circled back and said something to the effect of “drop your stash,” which was indicative of a robbery. The victim’s wife was in a nearby car and witnessed the attack.

During the robbery, Saia pulled out a hatchet from his backpack and struck the victim in the head with an overhead swing.

After the assault, Saia and the other suspect got back on their bikes and fled the scene.

The victim, who suffered significant head trauma, was transported to Legacy Emanuel Medical Center and required multiple surgeries because of the injuries sustained during the attack.

By pleading guilty, Saia admits that he unlawfully and intentionally caused serious physical injury to the victim by using a dangerous weapon and that he unlawfully and knowingly, while in the course of committing and attempting to commit theft, used physical force, with a weapon, to take the victim’s property.

The victim and his wife attended Wednesday’s change of plea and sentencing hearing but did not make any statement in court. During the pendency of this case, they have received continuous assistance from the Victim Assistance Program of the Multnomah County District Attorney’s Office.

The second suspect in this case has been identified. He remains innocent unless and until proven guilty.

The Multnomah County District Attorney’s Office recognizes the Portland Police Bureau and its Robbery Unit for their dedicated efforts on this case.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-186-Eric_Saia.pdf
Zodiac Clark, 22, charged with manslaughter following August 12, 2019 fatal crash in southeast Portland - 08/13/19

August 13, 2019

Zodiac Clark, 22, charged with manslaughter following August 12, 2019 fatal crash in southeast Portland

Today, Multnomah County District Attorney Rod Underhill announced the filing of a three count charging document against Zodiac Clark, 22, for allegedly recklessly causing the death of another person on August 12, 2019 during a two vehicle crash in the Hazelwood neighborhood of southeast Portland.

Clark was charged with one count of manslaughter in the second degree, one count of driving under the influence of an intoxicant and one count of reckless driving.

According to the charging document, Clark caused the death of 48-year-old Elena Davkina by recklessly operating a vehicle on a public roadway while being impaired by alcohol.

According to court documents, the Portland Police Bureau’s Traffic Division responded to the intersection of Southeast 112th Avenue and Southeast Division Street on reports of a two vehicle crash. Upon arrival, law enforcement located a vehicle with significant passenger side damage and another vehicle with significant front end damage.

A probable cause affidavit states that based on the initial information, law enforcement determined Clark was traveling east on Southeast Division Street when his vehicle impacted the vehicle being driven by Ms. Davkina, who traveling south on Southeast 112th Avenue.

Ms. Davkina died at Oregon Health & Science University as a result of her injuries, according to court documents.

Upon arrival, officers contacted Clark who had a strong odor of an alcoholic beverage coming from his breath, according to court documents. Law enforcement reported that Clark’s speech was slurred, records state.

A breath test showed Clark’s blood alcohol concentration to be .13%, according to the probable cause affidavit.

No additional information about this case can be released due to the ongoing investigation.

A charging document is only an accusation of a crime. Clark is innocent unless and until proven guilty.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-184-Zodiac_Clark.pdf
Grand jury indicts Tamena Strickland for the August 2, 2019 homicide of Deante Strickland - 08/12/19

August 12, 2019

Grand jury indicts Tamena Strickland for the August 2, 2019 homicide of Deante Strickland

Today, Multnomah County District Attorney Rod Underhill announced the filing of a 14-count indictment against Tamena Strickland, 30, for intentionally causing the death of her brother 22-year-old Deante Strickland.

Tamena Strickland is charged with one count of murder with a firearm, two counts of attempted murder with a firearm, one count of assault in the first degree with a firearm, one count of assault in the second degree with a firearm, three counts of unlawful use of a weapon and six counts of recklessly endangering another person.

According to court documents, Portland Police responded to reports of a shooting at approximately 2 p.m. on August 2, 2019 in the 6200 block of Northeast 42nd Avenue in Portland, Oregon.

When officers arrived, they located Mr. Strickland suffering from a gunshot wound to the chest, according to court documents. He died just north of the residence.

Officers also located two other individuals, a 25 year old woman and a 67 year old woman, suffering from gunshot-related injuries. Both were transported to the hospital.

According to court documents: law enforcement learned that Mr. Strickland and the 67 year old woman were inside the living room when the shooting occurred. The 25 year old victim, Mr. Strickland’s cousin, told police that when she heard gunshots, she left her bedroom inside the residence and approached the living room where she saw her cousin, Tamena Strickland, aim a silver handgun in her direction and shoot her.

After the shooting, Mr. Strickland and the two other injured family members exited the residence, according to court documents.

The indictment further alleges that Tamena Strickland did unlawfully and recklessly create a substantial risk of serious physical injury to six separate people.

At approximately 7 p.m. on August 2, 2019, Tamena Strickland surrendered to the Portland Police Bureau with her attorney.

During the investigation, law enforcement learned the location of a vehicle associated with Tamena Strickland. Officers responded and located a black gun box on the front passenger seat floorboard, according to court documents.

The Multnomah County District Attorney’s Office can confirm that a firearm was recovered as part of the investigation.

Tamena Strickland is scheduled to be arraigned on the indictment on August 13, 2019 in Courtroom #3 of the Multnomah County Justice Center.

An indictment is only an accusation of a crime. Tamena Strickland is innocent unless and until proven guilty.

Due to the ongoing investigation, no additional details can be released at this time.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-183-Tamena_Strickland.pdf
Man, 58, charged under Oregon's new bias crime law - 08/12/19

August 12, 2019

Man, 58, charged under Oregon’s new bias crime law

Today, Multnomah County District Attorney Rod Underhill announced that for the first time since Oregon’s new bias crime law took effect, a 58-year-old man was charged for allegedly assaulting a group of individuals leaving CC Slaughters in Old Town/Chinatown over the weekend.

This is the first time the new bias crime law has been charged in Multnomah County, and it is believed to be the first time the crime has been issued statewide.

Robert Oden is charged with one count of bias crime in the first degree, one count of felony assault in the fourth degree, two counts of harassment and two counts of bias crime in the second degree.

Under Oregon’s new law, it is now a felony to commit a bias crime when a person intentionally, knowingly or recklessly causes physical injury to another person because of the actor’s perception of the victim’s race, color, religion, sexual orientation, gender identity, disability or national origin. Previously, to be charged as a felony, two or more people would need to commit the offense.

According to court documents, this investigation started on August 10, 2019 at approximately 2 a.m. when the three male victims and a witness, all of whom are Latino, were walking away from CC Slaughters. As the group walked along the sidewalk talking, Oden was sitting in an alcove of a nearby building. None of the males spoke with Oden. Shortly after passing by, Oden got up and started yelling at them.

Oden used homophobic language towards the group and then started punching them, hitting three on the face, according to court documents.

The three victims and the witness were able to get away from Oden. As they continued to separate themselves from him, it is alleged Oden yelled, "go back to your country,” according to court documents.

Employees from CC Slaughters called police, according to court documents.

As police took Oden into custody, he continued to use racial and homophobic language and threatened continued assaults, according to court documents.

One of the victims had a swollen and bloodied lip and said that he felt substantial pain when hit by Oden, according to court documents.

A charging document is only an accusation of a crime. Oden is innocent unless and until proven guilty.

The Multnomah County District Attorney’s Office was an active participant of the Oregon Attorney General’s Hate Crimes Task Force and helped draft the language that was in Senate Bill 577. The new law, which went into effect on July 15, 2019, renamed the crime of “intimidation” to “bias crime,” added gender identity to the list of protected categories and removed the requirement that two or more people commit the crime in order to make it a felony.

All potential bias crime cases, whether they are a felony or misdemeanor, are reviewed by the Violent Crimes Unit within the Multnomah County District Attorney’s Office. If a misdemeanor bias crimes case is issued, the felony-level attorney will retain the case.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-182-Robert_Oden_94.pdf
Willie Mitchell indicted on murder charge, accused of intentionally killing Trayontay Jones - 08/09/19

August 9, 2019

Willie Mitchell indicted on murder charge, accused of intentionally killing Trayontay Jones

Today, Multnomah County District Attorney Rod Underhill announced the indictment of Willie Mitchell, 23, for unlawfully and intentionally causing the death of 29-year-old Trayontay Jones.

Mitchell is charged with one count of murder for the April 19, 2019 shooting that occurred in Old Town Chinatown. 

This investigation started when Portland Police responded to a disturbance near the intersection of Northwest 4th Avenue and Northwest Couch Street in Portland, Oregon. As officers responded, they learned someone at the location had been shot. According to information previously released by the Portland Police Bureau, officers located an adult male, later identified as Mr. Jones, injured by a gunshot wound.

Mr. Jones died on scene.

The U.S. Marshals Service Pacific Northwest Violent Offender Task Force located Mitchell on April 24, 2019 in Lane County, Oregon and took him into custody.

Following his arrest, law enforcement, while working with the Multnomah County District Attorney’s Office, continued to investigate this matter, including presenting evidence before a grand jury.

The indictment was filed August 8, 2019.

Due to the ongoing nature of this investigation, no additional information about this case can be released.

Anyone with information on this case is asked to call 503.823.HELP (4357)

An indictment is only an accusation of a crime. Mitchell is innocent unless and until proven guilty.

 

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-181-Willie_Mitchell.pdf
Photo_of_Kenneth_Ray_Henry.jpg
Photo_of_Kenneth_Ray_Henry.jpg
Xabian Riley receives 20 year sentence for killing Kenneth Ray Henry in southeast Portland (Photo) - 08/08/19

 

 

Rod Underhill, District Attorney

1021 SW Fourth Avenue, Room 600

Portland, OR 97204-1193

Phone: 503-988-3162  Fax: 503-988-3643

www.mcda.us

 

 

 

 

 

August 8, 2019

Xabian Riley receives 20 year sentence for killing Kenneth Ray Henry in southeast Portland

Today, Multnomah County District Attorney Rod Underhill announced that Xabian Riley, 31, pleaded guilty for causing the death of 29-year-old Kenneth Ray Henry. Riley received a 20 year prison sentence.

By pleading guilty to one count of manslaughter in the first degree and one count of unlawful use of a weapon, Riley admits that on May 9, 2012, he recklessly, under circumstances manifesting extreme indifference to the value of human life, caused the death of Mr. Henry using a firearm.

Riley will receive credit for time already served in custody, but no other credits that would make him eligible for early release.

On January 28, 2014, a Multnomah County jury found Riley, Marcellus Allen, 28, and Tracey Lomax, 31, guilty of murder. On December 5, 2017, the Oregon Court of Appeals reversed the convictions and remanded the cases back to Multnomah County for a new trial.

The court granted Allen’s request to have his case separated from the two co-defendants. His trial started on February 26, 2018. The jury returned its verdict on March 13, 2018 and found Allen guilty of murder. The jury found that Allen personally caused the death of Mr. Henry and that he aided and abetted others in causing the death of Mr. Henry. The court sentenced Allen to life in prison.

During the trial, the Multnomah County District Attorney’s Office presented evidence that showed the shooting death of Mr. Henry occurred at approximately 11:30 p.m. on May 9, 2012 in the 14800 block of Northeast Fremont Street in Portland, Oregon. Upon arrival, police found Mr. Henry deceased on the front step to his residence. The state presented evidence that showed three separate firearms were used. Law enforcement collected three .380 caliber shell casings, one .380 caliber bullet, one 9 mm casing and one fired .22 caliber bullet.

Following the shooting, all three suspects fled to a nearby apartment and were subsequently arrested by members of the Portland Police Bureau on May 10, 2012 at 3:36 a.m. after a lengthy standoff. During a search of the apartment, police located a .22 caliber revolver, a 9 mm handgun and a .380 caliber handgun.

The Oregon State Medical Examiner determined Mr. Henry died from nine gunshot wounds from firearms matching the weapons recovered when the three were arrested.

“The Multnomah County District Attorney’s Office would like to recognize the work of Portland Police Bureau Homicide Detective Anthony Merrill, who served as lead investigator, for his excellent work on this case, the Portland Police Bureau’s Gun Violence Reduction Team, the Multnomah County Sheriff’s Office and the Multnomah County Department of Community Justice Parole and Probation Unit for their tireless work on this case,” said Multnomah County Deputy District Attorney Eric Zimmerman, who litigated the case along with Senior Deputy District Attorney Glen Banfield. “These law enforcement agencies spent hundreds of hours tracking down critical witnesses from a case that dates back seven years.”

Upon Riley’s release, he will be on three years of post-prison supervision.

On July 10, 2014, Allen was found guilty in a separate case of attempted aggravated murder for attempting to kill a critical witness in the death investigation of Mr. Henry. He received a 240 month prison sentence in that case, which was ordered to be served consecutively to the life in prison sentence imposed for his murder conviction. Allen is currently serving both sentences in the Oregon Department of Corrections.

Lomax’s trial is scheduled for November 2019. He remains innocent unless and until proven guilty.

A photo of Mr. Henry is being included with this press release with permission from his family.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Two men charged following disturbance outside Cider Riot in Northeast Portland - 08/07/19

August 7, 2019

Two men charged following disturbance outside Cider Riot in Northeast Portland

Today, Multnomah County District Attorney Rod Underhill announced that a grand jury charged Ian Kramer, 45, with one count of assault in the second degree, one count of attempted assault in the second degree, one count of unlawful use of mace in the second degree, one count of disorderly conduct in the second degree and two counts of unlawful use of a weapon – and that Matthew Cooper, 24, was charged with one count of disorderly conduct in the second degree and one count of harassment for an incident that resulted in a 31-year-old woman being physically injured on May 1, 2019 outside Cider Riot, located in the 800 block of Northeast Couch Street in Portland, Oregon.

The indictment alleges that Kramer unlawfully, intentionally and knowingly used a dangerous weapon – an asp baton – to cause physical injury to a woman; that he unlawfully and intentionally attempted to cause physical injury to another person using the baton; that he unlawfully and recklessly discharged mace against another person and that he unlawfully and recklessly created a risk of public inconvenience, annoyance and alarm by engaging in fighting and violent, tumultuous and threatening behavior. 

Furthermore, the indictment alleges Cooper unlawfully and recklessly created a risk of public inconvenience, annoyance and alarm by engaging in fighting and violent, tumultuous and threatening behavior and that he unlawfully and intentionally harassed and annoyed the same woman allegedly assaulted by Kramer by subjecting her to offensive physical contact. 

This investigation started on May 1, 2019 when the Portland Police Bureau responded to the 800 block of Northeast Couch Street on reports of a large disturbance. During the investigation, law enforcement learned the identity of an adult female who had been injured during the disturbance. 

On August 7, 2019, at approximately 11 a.m. members of the Portland Police Bureau’s Detective Division and the U.S. Marshals Service Pacific Northwest Violent Offender Task Force located Kramer near North Lombard Street and North Dwight Avenue in Portland and took him into custody. 

Kramer is scheduled to be arraigned on August 8, 2019 at 9:45 a.m. in Courtroom #3 of the Multnomah County Justice Center.

Law enforcement, working with the Multnomah County District Attorney’s Office, continue to investigate this incident.

As such, no additional information about this case can be released. 

An indictment is only an accusation of a crime. Both Kramer and Cooper are presumed innocent unless and until proven guilty. 

#MCDA#


Contact: Brent Weisberg, Communications Director 
Multnomah County District Attorney’s Office
Phone: 503.988.6567 | Email: Brent.Weisberg@mcda.us 
 

Woman convicted of bias crime receives a jail and probation sentence - 08/05/19

 

 

August 5, 2019

Woman convicted of bias crime receives a jail and probation sentence

Today, Multnomah County District Attorney Rod Underhill announced that 53-year-old Joy Marchenko was convicted of intimidation in the second degree for kicking a baby’s stroller because the child and mother are of a different race.

By pleading guilty, Marchenko admits that because of her perception of the victim’s race, she knowingly, with the intent to cause substantial inconvenience to the victim, tampered with the victim’s baby stroller.

Intimidation in the second degree is a bias crime in Oregon.

The victim addressed the court during today’s change of plea and sentencing hearing and said, “I want to know why she would go after my son. He’s little. He didn’t do anything wrong. He was sleeping. I’ve never bothered [Ms. Marchenko.] I’ve never said anything to her. …To go after an innocent child is so wrong. …We’re all a community and we all need to get along.”

On March 4, 2019, Portland Police responded to the 500 block of Southwest 13th Avenue in Portland, Oregon to investigate a disturbance inside the common area of an apartment complex.

During the investigation, police learned that victim was in the lobby of her apartment complex when Marchenko, who was also a resident, approached and seemed agitated that the victim, an African American woman, had a white child.

After leaving the apartment complex for approximately 30 minutes to go drinking, Marchenko returned. The victim was still in the lobby attending to personal matters with her three month old son in a stroller.

Marchenko confronted the victim, asked her for a second time why she had a white child. Marchenko then kicked the baby stroller. The victim’s son immediately started crying hysterically. He was not injured.

When asked by law enforcement if Marchenko had kicked the stroller because the baby was white and his mother African American, Marchenko said “yes.”

Judge Leslie G. Bottomly sentenced Marchenko to 12 months of formal probation and 30 days in jail.

Marchenko must undergo a mental health evaluation and comply with any recommended treatment. The court also imposed alcohol-related conditions for the duration of the probation period, including a requirement that Marchenko undergo an alcohol evaluation and complete any course of recommended treatment, that Marchenko not consume or possess any alcohol, that Marchenko not enter any bars/taverns and that Marchenko have no contact with the victim or her son.

If Marchenko fails to comply with the terms of her probation, the court has the legal authority to impose an additional sentence pursuant to Oregon law, which includes the possibility of additional jail time.

This case was litigated by Multnomah County Deputy District Attorney Melissa Marrero.

The Multnomah County District Attorney’s Office was an active participant of the Oregon Attorney General’s Hate Crimes Task Force and helped draft the language that is in Senate Bill 577. The new law will rename the offense of “intimidation” to “bias crime,” add gender identity to the list of protected categories and remove the requirement that requires two or more people commit the crime in order to make it a felony.

All potential bias crime cases, whether they are a felony or misdemeanor, are reviewed by the Violent Crimes Unit within the Multnomah County District Attorney’s Office. If a misdemeanor bias crimes case is issued, the felony-level attorney will retain the case.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: Brent.Weisberg@mcda.us

Attached Media Files: PR-19-177-Joy_Marchenko.pdf
Noah Boege pleads guilty to negligently causing the death of Sarah Pearson - 08/05/19

August 5, 2019

Noah Boege pleads guilty to negligently causing the death of Sarah Pearson

Today, Multnomah County District Attorney Rod Underhill announced that 19-year-old Noah Boege changed his plea and was convicted of one count of criminal negligent homicide.

By pleading guilty, Boege admits that, with criminal negligence, he caused the death of 21-year-old Sarah Pearson.

According to the plea petition filed in Multnomah County Circuit Court, Boege will receive a 24 month prison sentence. Upon his release, he will be on three years of post-prison supervision.

This investigation started on August 24, 2018 when the Multnomah County Sheriff’s Office and Gresham Police Department responded to a crash in the 1200 block of East Historic Columbia River Highway. Upon arrival, law enforcement located a sedan on its roof in the roadway and Ms. Pearson lying unresponsive near the vehicle.

Ms. Pearson suffered significant head injuries and died on scene as a result of her injuries.

During the investigation, Boege admitted to being the driver and owner of the vehicle that crashed. Law enforcement with the East Multnomah County Vehicular Crimes Team responded and determined that Boege, while traveling at a high rate of speed through a curve on East Historic Columbia River Highway, lost control of his vehicle.

The speed limit for the roadway was 35 miles per hour with a recommended speed of no more than 30 miles per hour through the curves.

The investigative findings show that Boege was driving at speeds nearly three times the posted speed limit while fatigued and sleep deprived.

Sentencing in this matter will be held on August 22, 2019 at 8:30 a.m. before Multnomah County Circuit Court Judge Eric Bloch.

The Multnomah County District Attorney’s Office is unable to release any additional information pending sentencing.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

 

Attached Media Files: PR-19-176-Noah_Boege.pdf
Grand jury indicts Daniel Bertrand with Ballot Measure 11 offense for downtown assault - 08/05/19

August 5, 2019

Grand jury indicts Daniel Bertrand with Ballot Measure 11 offense for downtown assault

Today, Multnomah County District Attorney Rod Underhill announced that 25-year-old Daniel Bertrand was arraigned on a newly filed indictment and subsequently ordered by the court to be held in custody for allegedly assaulting a woman as she walked through Ankeny Alley in downtown Portland.

Bertrand is charged with one count of assault in the second degree. Under Oregon law, this offense is a Class B felony and carries a mandatory minimum sentence of 70 months in prison, pursuant to Ballot Measure 11.

According to the indictment, Bertrand unlawfully and knowingly caused serious physical injury to a woman in Multnomah County.

This investigation started on June 24, 2019, when Portland Police responded to Ankeny Alley, which is located in the 200 block of Southwest Ankeny, on reports of an assault.

While on scene investigating, law enforcement located and took Bertrand into custody. He was then booked into the Multnomah County Detention Center on a single count of assault in the fourth degree based on the available evidence.

The grand jury amended the charge after the Multnomah County District Attorney’s Office received additional evidence that was later presented to the grand jury.

Upon the conclusion of the evidence presentation, the grand jury returned an indictment and a warrant was issued for Bertrand’s arrest.

On August 2, 2019, at approximately 5:30 a.m., law enforcement located Bertrand in the 7000 block of Northeast Airport Way in Portland, Oregon.

Under Oregon law, “serious physical injury” is defined as a physical injury that creates a substantial risk of death or a physical injury that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

No additional information about this case can be released at this time.

An indictment is only an accusation of a crime. Bertrand is innocent unless and until proven guilty.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-174-Daniel_Bertrand.pdf
Tamena Strickland charged with murder, two counts of attempted murder following August 2, 2019 shooting - 08/05/19

August 5, 2019

Tamena Strickland charged with murder, two counts of attempted murder following August 2, 2019 shooting

Today, Multnomah County District Attorney Rod Underhill announced the filing of a three-count charging document against 30-year-old Tamena Strickland who is accused of killing 22-year-old Deante Strickland and wounding two other family members.

Tamena Strickland is charged with one count of murder with a firearm and two counts of attempted murder with a firearm.

According to court documents, Portland Police responded to reports of a shooting at approximately 2 p.m. on August 2, 2019 in the 6200 block of Northeast 42nd Avenue in Portland, Oregon.

When officers arrived, they located Mr. Strickland suffering from a gunshot wound to the chest, according to court documents. He died just north of the residence.

Officers also located two other individuals, a 25 year old woman and a 67 year old woman, suffering from gunshot-related injuries. Both were transported to the hospital.

According to court documents: law enforcement learned that Mr. Strickland and the 67 year old woman were inside the living room when the shooting occurred. The 25 year old victim, Mr. Strickland’s cousin, told police that when she heard gunshots, she left her bedroom inside the residence and approached the living room where she saw her cousin, Tamena Strickland, aim a silver handgun in her direction and shoot her.

After the shooting, Mr. Strickland and the two other injured family members exited the residence, according to court documents.

At approximately 7 p.m. on August 2, 2019, Tamena Strickland surrendered to Portland Police with her attorney.

During the investigation, law enforcement learned the location of a vehicle associated with Tamena Strickland. Officers responded and located a black gun box on the front passenger seat floorboard, according to court documents.

The Multnomah County District Attorney’s Office can confirm that a firearm was recovered as part of the investigation.

Due to the on-going investigation, no additional information about this case can be released at this time.

A charging document is only an accusation of a crime. Strickland is innocent unless and until proven guilty.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-175-Tamena_Strickland.pdf
Jay Noble changes plea, convicted of three counts of robbery in the first degree - 07/30/19

July 30, 2019

Jay Noble changes plea, convicted of three counts of robbery in the first degree

Today, Multnomah County District Attorney Rod Underhill announced that 33-year-old Jay Noble pleaded guilty to three counts of robbery in the first for numerous armed robberies he committed in Multnomah County.

According to the plea petition filed in Multnomah County Circuit Court, Noble will receive a 200 month prison sentence.

During this investigation, law enforcement determined that Noble was the person responsible for committing several different armed robberies between December 20, 2017 and January 17, 2018 in both Multnomah County and Clackamas County.

By pleading guilty, Noble admits that he unlawfully and knowingly committed armed robberies on December 20, 2017, December 29, 2017 and January 8, 2018.

“The robbery incidents followed an identical pattern in terms of how they were committed,” said Multnomah County Deputy District Attorney Parakram Singh, who prosecuted this case.

When Noble was arrested, law enforcement located a .44 caliber Ruger Blackhawk revolver, according to previously filed court documents.

In nearly all of the robberies, Noble wore a face mask and used the revolver to demand money from his victims, according to an arrest warrant affidavit.

This was joint investigation conducted by the Portland Police Bureau, Milwaukie Police Department and the Clackamas County Sheriff’s Office.

The victims in this case continue to receive help from the Multnomah County District Attorney’s Victim Assistance Program.

Sentencing in this matter is tentatively scheduled for September 6, 2019 at 1:30 p.m.

The Multnomah County District Attorney’s Office has no additional comment pending sentencing.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: Brent.Weisberg@mcda.us

Attached Media Files: PR-19-173-Jay_Noble.pdf
Arnulfo Salgado-Davila convicted of sexually abusing two girls in between 1998 and 2007 - 07/24/19

July 24, 2019

Arnulfo Salgado-Davila convicted of sexually abusing two girls in between 1998 and 2007

Today, Multnomah County District Attorney Rod Underhill announced that 50-year-old Arnulfo Salgado-Davila was convicted of sexually abusing two children and received a 10 year prison sentence.

During the change of plea hearing, which was held on June 28, 2019, one of the victims described having to hold onto her “secret” for years, and how it impacted her as a child, teen and into early adulthood.

“I pretended everything was fine and it worked for a while. …I was miserable. I hated my past. I hated everyone and everything,” she said in court.

“I got my voice back. …I will never dwell on the past,” she said in court while thanking Portland Police Bureau Detective Scott Broughton, Deputy District Attorney Todd Jackson and Multnomah County District Attorney Victim Advocate Julie Jacobs for their work on this case.

By changing his plea to no contest, Salgado-Davila stipulated there is sufficient evidence to show that between 1998 and 2001, he unlawfully and knowingly subjected a child, who was under the age of 14 at the time, to sexual contact by touching a sexual or intimate part of her body, and that between 2004 and 2007, he unlawfully and knowingly subjected a second child, who was also under the age of 14 at the time, to sexual contact by touching a sexual or intimate part of her body.

This case was first reported in 2006 to the Oregon Department of Human Services when the victims were under the age of 18.

Both victims came forward in August 2017 and disclosed the sexual abuse to law enforcement.

During the investigation, detectives learned that Salgado-Davila sexually abused the two victims, both of whom are known to him, on multiple occasions.

A month after the case was submitted to the Multnomah County District Attorney’s Office for review, a grand jury returned a secret indictment in November 2017 against Salgado-Davila. As a result of that indictment, a warrant was issued.

Salgado-Davila was located in July 2018 and arrested by law enforcement in Santa Ana, California and later transported back to Oregon.

As part of his sentence, Salgado-Davila will have to register as a sex offender pursuant to ORS 163A.005.

Upon his release, Salgado-Davila will be on post-prison supervision for 45 months.

The Multnomah County District Attorney’s Office recognizes the courageousness of both victims who came forward to report what happened to them, the work of the Portland Police Bureau’s Sex Crimes Unit for their dedicated efforts investigating this case and the District Attorney’s Victim Assistance Program for working closely with the victims.

#MCDA#


Contact: Brent Weisberg, Communications Director

Phone: 503.988.6567

Email: Brent.Weisberg@mcda.us

Kay Enyart sentenced to 32 months in prison after using a company credit card to pay for Hawaiian vacation - 07/23/19

July 23, 2019

Kay Enyart sentenced to 32 months in prison after using a company credit card to pay for Hawaiian vacation

Today, Multnomah County District Attorney Rod Underhill announced 45-year-old Kay Enyart received a 32 month prison sentence and was ordered to pay more than $20,000 in restitution after she embezzled from her former employer and used some of the money to pay for a family vacation to Hawaii.

Enyart pleaded guilty to four counts of aggravated identity theft. By doing so, she admitted that on multiple occasions in 2017 she unlawfully, with the intent to deceive and defraud, used the identity of another person. Furthermore, Enyart admitted that when she committed those offenses, she did so after previously being convicted of aggravated identity theft out of Columbia County, Oregon.

“Greed is what fueled Ms. Enyart,” said Multnomah County Deputy District Attorney Alexander Garcia, who prosecuted this case. “White collar crimes have a devastating impact on victims and the community. Unfortunately, we’ve seen businesses have to close because of the consequences associated with a large scale theft. That’s what happened in this case. Ms. Enyart used the money she stole to pay for a family vacation, and for many, it can take years of hard work and savings to afford such a luxury vacation.” 

This investigation started in late 2017 when the owner of an acupuncture business noticed financial discrepancies involving one of her employees. The victim contacted law enforcement after she determined a crime had likely occurred. During the investigation, law enforcement learned Enyart used her business credit card to pay approximately $4,500 for a trip to Kauai, Hawaii that took place in June 2017.

The Portland Police Bureau’s Detective Coordination Team determined Enyart used her position from 2016 through 2017 to forge multiple checks to herself using the victim’s name. Approximately $3,500 was illegally withdrawn from the victim’s business bank account. 

During the investigation, law enforcement determined the total amount stolen – either through the unauthorized use of the business credit card or the forged checks – was $20,765.43.

Law enforcement located multiple social media posts of Enyart in Hawaii after she used her employer’s credit card illegally to purchase airfare for herself and others.

Upon her release, Enyart will be on three years of post-prison supervision.

This case was litigated by the Multnomah County District Attorney’s Property and Drug Crimes Unit, which works closely with local law enforcement to investigate and prosecute White Collar Crimes. 

The Multnomah County District Attorney’s Office encourages all businesses to take steps to protect themselves from financial theft. It is important that businesses have redundancies in place to ensure proper accounting for cash, checks and credit/debit card transactions. All businesses should undergo routine financial audits that are conducted by a person or organization separate from the primary accountant. If employees are expected to handle cash, including making nightly deposits, businesses should ensure that there is more than one employee present during cash counts and drop offs.

#MCDA#


Contact: Brent Weisberg, Communications Director

Phone: 503.988.6567

Email: Brent.Weisberg@mcda.us

Attached Media Files: PR-19-158-Kay_Enyart.pdf
Muzi_Recovery_Photo_-_DA_Case_No._2307533-1.JPG
Muzi_Recovery_Photo_-_DA_Case_No._2307533-1.JPG
Pet owner convicted of animal neglect after four-year-old cat nearly dies from suspected chemical burns (Photo) - 07/23/19

July 23, 2019

Pet owner convicted of animal neglect after four-year-old cat nearly dies from suspected chemical burns

Today, Multnomah County District Attorney Rod Underhill announced a guilty verdict in State of Oregon v. Marlene Hsieh who, with criminal negligence, failed to provide proper care and treatment after her four-year-old cat suffered severe facial burns and other injuries.

Upon conviction, Multnomah County Circuit Court Judge Amy Baggio sentenced Hsieh to 12 months of probation and ordered that she perform 40 hours of community service. Pursuant to ORS 167.332, Hsieh is not allowed to be in possession of any cats for the next five years.

This investigation started in January 2019 when Hsieh brought her cat named “Muzi” into a pet hospital in the 7400 block of Southwest Barbur Boulevard in Portland, Oregon with what appeared to be burns that were a few weeks to a month old.

“The left side of Muzi’s face was missing fur, covered in scabs and Muzi was unable to open her left eye,” said Multnomah County Deputy District Attorney Maddie Loeb, who prosecuted this case. “Muzi’s right hind foot had lost its claws, pads and a toes, leaving bones exposed. Obviously, these were very serious and concerning injuries. The staff recognized that Muzi needed immediate medical attention because she was in extensive pain and risked death if care was not provided right away.”

Staff at the pet hospital explained the seriousness of Muzi’s injuries to Hsieh, who refused all treatment. Eventually, Hsieh left the pet hospital with Muzi, pain medicine and antibiotics. Upon leaving, staff notified Multnomah County Animal Services and reported what they suspected to be abuse and/or neglect.

Multnomah County Animal Services contacted Hsieh in the 7100 block of Southwest 12th Avenue in Portland, Oregon later that day and made the determination, based on the initial reports and observations at Hsieh’s residence, it was in the best interest to remove Muzi.

Multnomah County Animal Services then took Muzi to Dove Lewis Animal Hospital. During trial, five veterinarians testified Muzi was unduly suffering and had most likely been chemically burned and left untreated for at least a week up to a month.

Staff at DoveLewis Veterinary Emergency & Specialty Hospital started immediate intensive care for Muzi. Doctors determined Muzi would have died from sepsis without proper care. As a result of the care provided by Dove Lewis Animal Hospital, Muzi made the best recovery possible.

Veterinarians were unable to determine exactly how Muzi suffered burns but based on their training and experience, concluded the burns were likely the result of a chemical substance based on their random location on Muzi’s body.

Upon her conviction, Muzi was forfeited and will be rehomed, along with Hsieh’s other three cats.

The Multnomah County District Attorney’s Office recognizes the staff at the Burlingame Pet Hospital, Multnomah County Animal Services and DoveLewis Veterinary Emergency & Specialty Hospital for their dedicated efforts investigating this case and providing immediate care to Muzi.

The Multnomah County District Attorney’s Office has an experienced deputy district attorney who has received specialized training in prosecuting animal abuse and neglect cases and litigates the majority of animal abuse and neglect cases. DDA Nicole Jergovic is recognized throughout the state as being a dedicated animal advocate. This case was initially reviewed by DDA Jergovic who then assisted DDA Loeb in pretrial matters. 

A photo of Muzi, mid recovery, is being included with this press release.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Phillip Lancaster, former Roosevelt HS teacher, receives 42 month prison sentence - 07/23/19

July 23, 2019

Phillip Lancaster, former Roosevelt HS teacher, receives 42 month prison sentence

Today, Multnomah County District Attorney Rod Underhill announced 36-year-old Phillip Lancaster pleaded guilty and received a 42 month prison sentence for knowingly duplicating multiple visual recordings of sexually explicit conduct that involved children.

Multnomah County Circuit Court Judge Leslie Roberts accepted the change of plea and convicted Lancaster of two counts of encouraging child sexual abuse in the first degree.

Lancaster will have to register as a sex offender. Upon release, Lancaster will be on three years of post-prison supervision. He also received 60 months of probation and was ordered to undergo a sex offender evaluation and complete any treatment that is recommended.

In 2014, a 16 year old boy was inside a bathroom at Roosevelt High School where Lancaster was employed. The boy reported Lancaster was in the stall next to him and that while using the toilet, the boy saw Lancaster holding a cellphone toward him under the divider that separated the two stalls.

The boy ran outside and told a school resource officer about what occurred. The resource officer, who was assigned to the Portland Police Bureau’s Youth Services Division, spoke with Lancaster who turned over his phone and gave police consent to search the electronic device.

“During the search of Mr. Lancaster’s phone, police located numerous child pornography files,” said Multnomah County Deputy District Attorney BJ Park, who prosecuted this case. “Mr. Lancaster was trusted by the community to educate our youth. Instead, he made a horrible decision and seemingly attempted to capture a young boy in a state of nudity. This boy had an unequivocal right to privacy while using a school restroom.”    

In August 2018, it was determined the case needed additional investigation. The Portland Police Bureau prepared a search warrant for Lancaster’s phone. The court authorized a search of the phone, which resulted in the discovery of hundreds of child pornography images and videos, ranging in age from two-12 years old.

Law enforcement presented the case to the Multnomah County District Attorney’s Office for prosecution review. A grand jury convened in September 2018 and Lancaster was subsequently indicted.

Certain offenses such as invasion of privacy or encouraging child sexual abuse in the second degree could not be charged due to the statute of limitations.

Lancaster no longer works for Portland Public Schools and his teacher’s license previously expired.

During the investigation, law enforcement determined that none of the child pornography located on Lancaster’s phone involved students from Roosevelt High School.

The Multnomah County District Attorney’s Office has no additional comment on this case.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-169-Phillip_Lancaster.pdf
Former Wells Fargo employee pleads guilty after stealing more than $100K from clients - 07/22/19

July 22, 2019

Former Wells Fargo employee pleads guilty after stealing more than $100K from clients

Today, Multnomah County District Attorney Rod Underhill announced 31-year-old Sherdon Lamorell received a 13 month prison sentence and was ordered to pay $100,782.16 in restitution after he used his position as a personal banker at Wells Fargo to steal from clients with cognitive impairments.

This investigation started in January 2018 when a family member discovered her mother’s bank account was missing more than $76,000.

“Mr. Lamorell was in a position of trust,” said Multnomah County Deputy District Attorney Alexander Garcia. “In that position, he had resources readily available to him and using those resources he took advantage of several vulnerable members of our community for his own personal benefit.”

During this investigation, the Portland Police Bureau’s Detective Division worked closely with Wells Fargo and determined that Lamorell wrote himself several cashier’s checks. Those checks withdrew from the bank accounts of his clients. Lamorell then deposited the money into a separate, non-Wells Fargo bank account used for personal expenses.

Law enforcement obtained financial records from all three victims and determined that some of the misappropriated money was used to purchase a 2017 luxury vehicle in Lane County.

By pleading guilty to two counts of aggravated theft in the first degree, Lamorell admitted that between November 2016 and July 2017, he unlawfully and knowingly committed theft of personal property in an amount totaling more than $20,000.

Upon his release, Lamorell will be on two years of post-prison supervision. Multnomah County Circuit Court Judge Christopher J. Marshall, who accepted the change of plea, ordered that Lamorell undergo a mental health and alcohol and drug evaluation and complete any treatment that is recommended.

Pursuant to the plea agreement, Lamorell submitted $60,000 in restitution at the time of today’s sentencing hearing.

This case was litigated by the Multnomah County District Attorney’s Property and Drug Crimes Unit, which works closely with Multnomah County Adult Protective Services and local law enforcement to investigate and prosecute people taking advantage of older adults.

Fraud against older adults can come in many different forms. The most common include Internal Revenue Service (IRS) impersonation scams, sweepstakes and lottery scams, grandparent scams, technology scams, romance scams, charity scams, home-improvement scams, and health care scams. Elder abuse can include financial exploitation, physical abuse, neglect, abandonment, and sexual abuse.

Under Oregon law, a person older than 65 is considered a vulnerable victim.

The Multnomah County District Attorney’s Office recognizes the work of the Portland Police Bureau’s Detective Division and its Family Services Division along with Wells Fargo for their dedicated efforts investigating this case.

The Multnomah County District Attorney’s Office encourages members of the community to immediately report suspected abuse or neglect to local law enforcement.

Signs of financial abuse can include unusual activity on a person’s bank account, unexpected ATM withdrawals and/or money transfers or unexpected account closures. The American Bankers Association® has additional information on its “Protecting the Elderly From Financial Abuse” website.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

 

Attached Media Files: PR-19-167-Sherdon_Lamorell.pdf
Donovan Flippo pleads guilty to assaulting a man in NE Portland, receives jail and probation sentence - 07/19/19

July 19, 2019

Donovan Flippo pleads guilty to assaulting a man in NE Portland, receives jail and probation sentence

Today, Multnomah County District Attorney Rod Underhill announced that 24-year-old Donovan Flippo pleaded guilty and received a sentence that includes jail time, probation and a specific court order that while on probation, he not participate in any mass demonstration within Multnomah County after he assaulted a man in northeast Portland last summer.

“This case is about holding people accountable who commit crimes and I believe this sentence will do that,” said Multnomah County Senior Deputy District Attorney Nathan Vasquez, who prosecuted this case. “This sentence is appropriate when you look at other similarly situated individuals, which is something we must consider when reviewing, issuing and resolving any case.”

During the pendency of this case, the Multnomah County District Attorney’s Office frequently communicated with the victim to keep him updated. The victim was fully informed about the pretrial process and all pretrial negotiations. Prior to the change of plea hearing and sentencing, the victim communicated to our office his full support of the pretrial agreement.

Multnomah County Circuit Court Judge Karin J. Immergut accepted Flippo’s change of plea and convicted him of one count of assault in the fourth degree.

Judge Immergut sentenced Flippo to eight days in jail, 24 months of formal probation and 40 hours of community service, which must be completed within six months. While on probation, Flippo will not be allowed to partake in any demonstration with more than 50 participants in Multnomah County and will not be allowed to have any contact with the victim.

This investigation started on July 12, 2018 when the victim reported to Portland Police that on June 8, 2018 he was assaulted at the intersection of Northeast 12th Avenue and Northeast Broadway Street in Portland, Oregon.

The victim told police that as he crossed south on Northeast 12th Avenue, he saw a truck stopped at the red light. The vehicle was headed west on Northeast Broadway Street. Flippo was a passenger of that vehicle.

The victim told police that some of the occupants of the vehicle were shouting politically-based comments. The victim told police that he recognized Flippo as a passenger inside the vehicle and as someone who attends political demonstrations in Portland, Oregon.

During the investigation, police learned that the victim yelled back to the occupants of the vehicle. Upon doing so, Flippo exited the vehicle. There was a brief verbal altercation that resulted in the victim being physically assaulted.

The victim received multiple stitches to his lip as a result of the injuries he sustained. He was also treated for a concussion.

By pleading guilty, Flippo is admitting that he unlawfully and recklessly caused physical injury to the victim. If he violates his probation, Flippo could be sentenced up to a year in custody.

The Multnomah County District Attorney’s Office is unable to release any additional details about this case at this time. Copies of the police reports and any other associated material, such as photos and/or video, are exempt from public release at this time under ORS 192.345 (3) because of pending criminal litigation that does not involve Flippo but stems from the same criminal conduct.  

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

Attached Media Files: PR-19-166-Donovon_Flippo.pdf
Husband and wife receive prison sentences for committing nearly two dozen knifepoint robberies - 07/19/19

July 19, 2019

Husband and wife receive prison sentences for committing nearly two dozen knifepoint robberies

Today, Multnomah County District Attorney Rod Underhill announced that 40-year-old Nigel Floyd received a 20 year prison sentence and that his wife 40-year-old Stephanie Floyd received a 16 year prison sentence for their involvement in a series of knifepoint robberies that occurred in Portland, Gresham, Wood Village, and Happy Valley.

Nigel Floyd pleaded guilty to nine counts of robbery in the first degree and one count of attempted robbery in the first degree. Stephanie Floyd pleaded guilty to six counts of robbery in the first degree. These crimes occurred between January 20, 2018 and April 11, 2018.

"This resolution takes into account Mr. Floyd's lack of criminal record but captures the scope of his behavior and the trauma it caused the victims in both Multnomah County and Clackamas County. Rarely in our experience as prosecutors do we see someone who has no criminal record commit more than 20 robberies impacting almost 30 people. The state wants to make sure that Mr. Floyd is prepared to come back into the community without the same drug addiction that fueled this behavior,” said Multnomah County Senior Deputy District Attorney David Hannon, who prosecuted this case. “Ms. Floyd showed immediate responsibility upon her arrest and came forward and confessed to other robberies that were previously unknown to detectives. Like her husband, we believe her actions were fueled by addiction.”

Detectives from the Gresham Police Department, Portland Police Bureau, Milwaukie Police Department, Multnomah County Sheriff's Office and the Clackamas County Sheriff's Office worked collaboratively to conduct surveillance around local stores similar to the locations that had been previously robbed. The Multnomah County District Attorney’s Office assisted law enforcement in preparing an arrest warrant, search warrant and court orders for GPS data and cell phone tower data.

On April 11, 2018, a law enforcement surveillance team observed Nigel Floyd and Stephanie Floyd in the 7800-block of Northeast Glisan Street. Both were associated with a white mini-van. Law enforcement observed Nigel Floyd exit the mini-van and put on a mask. Shortly thereafter, Nigel Floyd robbed the business. Law enforcement watched as he exited the business and got back into the mini-van.

Stephanie Floyd was the getaway driver in a majority of the robberies while her husband was the person who entered the businesses to commit the robberies.

Law enforcement believe Nigel Floyd and Stephanie Floyd are responsible for the following robberies:

  • January 20, 2018 - Metro PCS store located at 3510 SE 122nd Avenue
  • January 24, 2018, the Game Stop store located at 4328 SE 82nd Avenue
  • January 26, 2018, the Metro PCS store located at 1665 NE Division Street
  • January 29, 2018, the Metro PCS store located at 3510 Southeast 122nd Avenue
  • January 29, 2018, the Metro PCS store located 17988 Northeast Glisan Street
  • February 05, 2018, Sally's Beauty Supply located at 11966 Northeast Glisan Street
  • February 09, 2018 the GNC (General Nutrition Centers) store located at 1307 Northeast 102nd Avenue, Suite N
  • February 13, 2018, the Sally's Beauty Supply store located at 1505 Northeast 40th Avenue, Suite B
  • On February 20, 2018, the T-Mobile store located at 901 Southwest Highland Drive, Suite E
  • February 24, 2018, the Cricket Wireless store located at 1 Northeast 181st Avenue
  • March 02, 2018, Emerald Vapors (a vape shop) located at 8136 Southeast Foster Road
  • March 12, 2018, Str8vaping (a vape shop) located at 40 Northeast Division Street
  • March 13, 2018, the Game Stop located at 2705 Northeast 238th Drive
  • March 18, 2018, the Metro PCS store located at 801 Northeast 242nd Drive
  • March 21, 2018 the Boost Mobile Store located at 1120 Northeast 82nd Avenue
  • April 03, 2018, Metro PCS located at 9226 Southeast Division Street Unit A

The Multnomah County District Attorney’s Office previously released surveillance photos of Nigel Floyd, which were included as part of the official court record in this case. Those images can be found by clicking here and scrolling to the bottom of the press release.

The Multnomah County District Attorney’s Office recognizes the Gresham Police Department, Portland Police Bureau, Multnomah County Sheriff’s Office, Milwaukie Police Department and the Clackamas County Sheriff’s Office for their dedicated efforts investigating this case. Furthermore, the District Attorney’s Office would like to recognize the many victims in this case who came forward and cooperated with law enforcement.

#MCDA#


Contact: Brent Weisberg, Communications Director

Multnomah County District Attorney’s Office

Phone: 503.988.6567 | Email: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us