Marion Co. Dist. Attorney's Office
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Man Sentenced for January 13, 2017, Salem Police Officer Involved Shooting Incident - 05/16/17

Today, the Honorable Mary M. James sentenced Casey Duane Howe, 34, to ten years in prison for crimes that resulted in him being shot by Salem Police Corporal Jacob Pratt on January 13, 2017. A Marion County Grand Jury has previously determined that Corporal Pratt's use of deadly force was justified.

On January 13, 2017, Corporal Pratt responded to a 911 call regarding Howe, who had an active warrant for his arrest. The caller provided Howe's approximate location, a detailed description of his clothing and appearance, and stated that Howe regularly armed himself with weapons, including knives.

Approximately 10 minutes later, at 7:30 p.m. outside the east side of Applebee's at 2625 Liberty Street NE, Salem, Corporal Pratt saw Howe and stopped his patrol SUV to make contact. Corporal Pratt left his vehicle's overhead lights on and called out to Howe by his name in an effort to make friendly contact. Howe turned, acknowledged that he knew he had a warrant, and then pulled out a black machete-like knife from his waistband. As he did so, Howe said something similar to "we're going to have some fun," and began to walk towards Corporal Pratt. Despite repeated commands to "Stop!" and "Drop the knife!" Howe continued to approach. An eyewitness described Howe as having a "big long knife, and he was waiving it around in the air. . . ." Faced with this deadly threat and the danger of a busy traffic street behind him, Corporal Pratt fired three shots from his duty pistol, striking Howe twice.

Corporal Pratt was uninjured. Salem Police immediately responded, restrained, and provided medical aid to Howe. Howe was brought to Salem Health, transferred to OHSU, and was eventually discharged for lodging at the Marion County Jail.

Detectives from the Oregon State Police responded to investigate and recovered a black machete-like knife with an 11-inch blade. A subsequent search of Howe's personal belongings pursuant to a search warrant recovered stolen property, additional knives, and methamphetamine. Detectives also found a flashlight/electronic stun device, which Howe was prohibited from possessing as he was previously convicted of felony Unlawful Possession of Methamphetamine.

A Marion County Grand Jury found that Corporal Pratt's use of deadly force was justified, and indicted Howe on charges of Attempted Aggravated Murder; Attempted Assault in the First Degree; Unlawful Use of a Weapon; Unlawful Possession of Methamphetamine; Felon in Possession of a Restricted Weapon; and Menacing.

Today, Howe pled guilty to Attempted Aggravated Murder, Unlawful Use of a Weapon, and Felon in Possession of a Restricted Weapon. The state agreed to dismiss the remaining charges. Judge James sentenced him to serve 120 months in the Department of Corrections, without good time or early release, and a post-prison supervision period of 36 months.

Man Sentenced in June 26, 2016 Keizer Officer Involved Shooting Incident - 05/15/17

Andy Lamar Gibson, 51, was sentenced before The Honorable Donald D. Abar in Marion County Circuit Court today for an incident that occurred on the evening of June 26, 2016 in Keizer, Oregon.

On that date, Gibson entered the 7-Eleven located at 5550 River Rd. North in Keizer, Oregon armed with two knives, one of which he brandished at the store clerk in order to steal a beer. The clerk called 911 to report the robbery as Gibson exited the store. Keizer Police Officer Esteban Perez responded moments later and located Gibson, still on the premises, and attempted to contact him. Gibson immediately brandished a knife in each hand and charged toward Officer Perez ignoring repeated commands to drop his weapons. Faced with this deadly threat, and the danger of busy traffic on the street behind him, Officer Perez had no choice but to discharge his firearm at Gibson. Officer Perez fired 3 rounds. Gibson was struck once and fell to the street.

Officer Perez was uninjured. Cover officers responded and as they attempted to take him into custody, Gibson again tried to swing at them with one of the knives. They were able to subdue Gibson and rendered first aid until medics arrived. Gibson was transported to Salem Health for treatment. He was eventually discharged and transferred to the Marion County Jail where he has been lodged since. He has further undergone two mental health evaluations at the Oregon State Hospital.

A Marion County Grand Jury found the officer's use of deadly force to be justified and indicted Andy Lamar Gibson for: Robbery in the First Degree, two counts of Unlawful Use of a Weapon and Attempted Aggravated Murder.

Gibson stipulated in court today to the above facts and was found Guilty Except for Insanity of the Attempted Aggravated Murder of Officer Perez. He was sentenced to the jurisdiction of the Psychiatric Security Review Board and remanded to the custody of Oregon State Hospital for a period not to exceed 20 years. He further pled guilty to Robbery in the First Degree and was sentenced to 90 months in the Department of Corrections with a period of 36 months Post Prison Supervision. These sentences will run concurrently. The two remaining counts of Unlawful Use of a Weapon were dismissed by the state.

Marion County Deputy District Attorney Paige Clarkson commented that, "Gibson's case highlights the desperate and violent measures taken by a man suffering with untreated mental illness. This was a dangerous situation for both the public and the law enforcement officers who responded to help. If this case can teach us anything, it's that seeking better options for community mental health services and support for the families of those in mental health crisis should be a priority and would serve to protect everyone."

During the sentencing, Gibson apologized to Officer Perez stating, "It was my fault that he was forced to shoot me."

Jury convicts Keizer man on child sexual assault charges and marital rape - 05/04/17

On May 4, 2017, a Marion County jury convicted Nikolay Avdeyev (DOB: 11/25/1963) on multiple charges of rape, sexual abuse, and unlawful sexual penetration. Specifically, defendant was convicted of three counts of rape in the first degree, three counts of rape in the second degree, one count of unlawful sexual penetration in the first degree, and eleven counts of sexual abuse in the first degree. The convictions followed six days of trial before the Honorable Donald A. Abar, Circuit Court Judge. The jury heard from three victims, two of whom were children at the time they were abused.

The third victim was previously married to Mr. Avdeyev. The jury convicted Mr. Avdeyev of raping her during their marriage.

The convictions follow a thorough investigation by the Keizer Police Department.

All of the counts are subject to Ballot Measure 11 presumptive sentences. Rape in the first degree has a presumptive sentence of 100 months; rape in the second degree has a presumptive sentence of 75 months; sexual abuse in the first degree has a presumptive sentence of 75 months; and unlawful sexual penetration in the first degree has a presumptive sentence of 100 months.

The next court appearance is scheduled for May 17, 2017 at 11:00 a.m.

As Child Abuse Prevention Month Ends, Marion County Efforts Increase - 04/28/17

The Marion County Child Abuse Response Team is excited to announce a pilot project designed to increase coordination of child abuse investigations in Marion County. This pilot will foster daily interaction between law enforcement, child abuse prosecutors, Marion County DHS case workers, and specialized child abuse medical personnel to streamline and coordinate Marion County's most high-risk child abuse investigations.

Child abuse investigations are extremely complex and require involvement of multiple disciplines. Therefore, child abuse multidisciplinary teams (MDTs) are statutorily-mandated in each Oregon County per ORS 418.747. These teams consist of law enforcement, DHS, District Attorney's offices, school districts, child abuse assessment centers, and other community partners.

Last year, the Marion County District Attorney's Office filed 294 child abuse cases, and approximately 490 petitions alleging that children should be placed in state custody. Those filings only represent a portion of the cases Marion County law enforcement and Marion County DHS investigated. In addition to that volume, technology, new legal mandates, and changing systems have all placed additional burdens on these investigations.

Therefore, leaders in Marion County have developed an innovative model to address these challenges. In addition to existing legal MDT obligations, the Salem Police Department, Keizer Police Department, Marion County Sheriff's Office, Woodburn Police Department, Marion County District Attorney's Office, and Marion County DHS have jointly agreed to pilot a specialized child abuse investigatory team.

Liberty House, Marion and Polk County's Child Abuse Assessment Center, will serve as the team's central hub. This will allow investigators to access specialized medical personnel and more quickly refer families and children to services.

This specialized team of investigators, prosecutors, medical staff and caseworkers will review daily the most at-risk cases known in Marion County. The goal is to increase child safety and ensure coordinated system response for families.

"We are proud to work with partners who continually seek to do better for kids," says Walt Beglau, Marion County's District Attorney. "I would like to thank the leadership at Salem Police, Keizer Police, Marion County Sheriff's Office, Woodburn Police, Marion County DHS and Liberty House. Without their commitment to this effort, this opportunity would not have been possible."