David Ray Bartol, 45, was charged with Aggravated Murder for killing Gavin Siscel on June 4, 2013 at the Marion County Correctional Facility. Bartol and Siscel were both inmates at the facility when Bartol made a shank and stabbed Siscel to death while Siscel was watching television.
The jury trial began in Marion County Circuit Court on October 3, 2016. On October 18, 2016, after approximately two weeks of testimony and evidence, the jury unanimously found Bartol guilty of Aggravated Murder.
On October 19, 2016, the penalty phase proceeding commenced where the jury heard additional evidence from over 150 witnesses. The jury had the option of sentencing Bartol to death, life without the possibility of parole, or life with the possibility of parole after a minimum of 30 years in prison. The state sought a death sentence, which required the jury to answer "yes" to the following four questions:
(1) Was the conduct of the defendant that caused the death of Gavin Siscel committed deliberately and with a reasonable probability that the death of Gavin Siscel or another would result?
(2) Is there a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society?
(3) Was the conduct of the defendant in killing Gavin Siscel unreasonable in response to the provocation, if any, by Gavin Siscel?
(4) Should the defendant receive a death sentence?
On November 10, 2016, the jury of 9 women and 3 men unanimously sentenced Bartol to death. The death sentence required each juror to answer yes to 4 statutory questions listed above, resulting in 48 "yes" votes and 0 "no" votes.
On November 15, 2016 a Judgment was signed sentencing David Ray Bartol to death. Under Oregon law, Bartol's conviction and sentence of death are subject to automatic and direct review by the Oregon Supreme Court.
UPDATE: On November 22, 2016, the honorable Judge Thomas Hart sentenced Leovigildo Torralba-Arzola to a total sentence of 93 months in the Department of Corrections. The first 75 months of that sentence will be served day-for-day under the measure 11 minimum sentence for Manslaughter in the Second Degree. The judge ordered the defendant to serve an additional 18 months consecutive with eligibility for programming related to the conviction for Assault in the Third Degree. On each of the misdemeanor counts, the defendant was ordered to serve a concurrent sentence of 365 days. Prior to sentencing, the judge heard statements from the State, the defense attorney, and two of the victims in the case.
On November 16, 2016, after a three-day trial to the court, the honorable Judge Thomas Hart found Leovigildo Torralba-Arzola guilty of Manslaughter in the Second Degree, Assault in the Third Degree, two counts of Assault in the Fourth Degree, and Driving Under the Influence of Intoxicants. Sentencing is set for November 22, 2016 at 1:30 pm in the same courtroom.
These charges stemmed from a vehicle collision that occurred on November 15, 2015, just south of Woodburn on Highway 99E. During that collision, Martha Aldama-Cruz suffered fatal injuries, Jesus Francisco Aguilar suffered serious physical injuries, and both Erica Perez-Perez, and Eliseo Armenta-Arredondo suffered physical injuries.
Evidence at trial revealed that on the night of the collision, the defendant left a bar in Woodburn and was on his way home to Salem. The defendant had a blood alcohol concentration that was at least 0.212%, which is more than two and one-half times the legal limit. Additionally, the defendant was traveling approximately 85 MPH when he rear-ended the back of a mini-van taxi. During that collision, two of the four occupants were ejected and a significant amount of property damage occurred to the involved vehicles, as well as an auto dealership on the side of the road.
Manslaughter in the Second Degree, a class B felony, carries a mandatory-minimum sentence of 75 months in the Department of Corrections. Assault in the Third Degree, committed while the defendant was operating a motor vehicle under the influence of intoxicants, is also a class B Felony, which given the defendant's lack of a criminal history has a presumptive sentence of 16-18 months in the Department of Corrections. The remaining three counts are class A misdemeanors, which carry a maximum sentence of 1 year in the Marion County Jail. Since all counts involve different victims, the court has the discretion to require the sentences to be served consecutively.