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News Release

Newport Man Sentenced To Prison For Callously Killing Neighbor’s Dog, Daisy (Photo) - 10/31/25

On October 31, 2025, Lincoln County Circuit Court Judge Amanda Benjamin sentenced 47-year-old Tyson Kay to 18 months prison for killing Daisy, a 6-year-old black labrador retriever, with a shotgun loaded with birdshot in July 2024. Kay was found guilty of one count of Aggravated Animal Abuse in the First Degree and one count of Animal Abuse in the First Degree after a two-day trial concluded on October 21, 2025.

 

Law enforcement initially responded to NE Yaquina Heights Drive on July 5, 2024, at approximately 11AM, after receiving a 911 call from Sharon Biddinger that her dog, Daisy, had reportedly been shot by a neighbor. Gerry Biddinger immediately responded to Kay’s residence and found Daisy injured, wet, and panting heavily. Officers from the Newport Police Department, Toledo Police Department, and the Lincoln County Sheriff’s Office responded quickly and began investigating Daisy’s injuries. Initially, Kay stated that he had shot Daisy with a less-lethal shotgun round to scare her off his property. However, after Daisy was transported to the Grove Veterinary Clinic, it was determined that Daisy had been struck with several dozen small metal pellets consistent with birdshot. Unfortunately, the extent of the damage was catastrophic, and Daisy succumbed to her injuries.

 

At trial, Kay argued that he did not know birdshot was loaded in his shotgun but, regardless, he was justified in killing Daisy to protect baby chicks living on the property. At trial, both arguments directly contradicted Kay’s statements to law enforcement on the day of the offense, as he repeatedly told investigators that Kay had loaded his own shotgun in anticipation of shooting Daisy should she show up on his property, as well as repeatedly confirming that Daisy was not chasing any animals on the property prior to being shot.

 

At sentencing, DA Jenna Wallace urged the Court to find substantial and compelling reasons to impose a prison sentence given Kay used a firearm and was on probation at the time he unlawfully killed Daisy. Additionally, DA Wallace argued that Kay’s 15 prior criminal convictions spanning over the past 20 years demonstrated a clear disregard for the law and his lack of previous consequences has failed to deter additional criminality.   

 

Both Sharon and Gerry Biddinger spoke at sentencing addressing Kay and the impact his conduct has had on them since Daisy’s death. It was clear that Daisy was a sweet, kind, and loving dog that meant more than words could describe. Mrs. Biddinger ended her statement by expressing her sadness, anger, and frustration that Kay’s response to Daisy being on his property was to pick up a shotgun instead of picking up the phone.

 

Ultimately, Judge Benjamin found substantial and compelling reasons to impose an 18-month prison sentence with 24 months of post-prison supervision. Kay’s shotgun was forfeited, and he has been prohibited from possessing any firearms upon his release from prison. Judge Benjamin stated, “Daisy was more than just property; she was a family member. There was no evidence that Daisy was a nuisance animal, and it is hard to understand the decision to shoot Daisy as she was running away. It seems very callous, cruel.” Judge Benjamin also commented on Kay’s criminal history, stating “[Kay’s] decision to commit this crime so carelessly could be the result of very little consequences over the course of his 30-year behavior.”

 

This case was prosecuted by District Attorney Jenna Wallace and Deputy District Attorney Marshall Thompson. This case was investigated by Deputy Soren Cullivan, Lincoln County Sheriff’s Office. The District Attorney’s Office would like to thank Deputy Cullivan and Lincoln County Sheriff’s Office for recognizing the traumatizing impact animal abuse cases can have on our community and dedicating already limited resources to fully investigating these types of crimes. The District Attorney’s Office would also like to thank the Newport Police Department and Toledo Police Department for responding and assisting in this investigation.

 

Attached Media Files: Daisy, Daisy and Cat,

Newport Man Sentenced To Prison For Callously Killing Neighbor’s Dog, Daisy (Photo) - 10/31/25

On October 31, 2025, Lincoln County Circuit Court Judge Amanda Benjamin sentenced 47-year-old Tyson Kay to 18 months prison for killing Daisy, a 6-year-old black labrador retriever, with a shotgun loaded with birdshot in July 2024. Kay was found guilty of one count of Aggravated Animal Abuse in the First Degree and one count of Animal Abuse in the First Degree after a two-day trial concluded on October 21, 2025.

 

Law enforcement initially responded to NE Yaquina Heights Drive on July 5, 2024, at approximately 11AM, after receiving a 911 call from Sharon Biddinger that her dog, Daisy, had reportedly been shot by a neighbor. Gerry Biddinger immediately responded to Kay’s residence and found Daisy injured, wet, and panting heavily. Officers from the Newport Police Department, Toledo Police Department, and the Lincoln County Sheriff’s Office responded quickly and began investigating Daisy’s injuries. Initially, Kay stated that he had shot Daisy with a less-lethal shotgun round to scare her off his property. However, after Daisy was transported to the Grove Veterinary Clinic, it was determined that Daisy had been struck with several dozen small metal pellets consistent with birdshot. Unfortunately, the extent of the damage was catastrophic, and Daisy succumbed to her injuries.

 

At trial, Kay argued that he did not know birdshot was loaded in his shotgun but, regardless, he was justified in killing Daisy to protect baby chicks living on the property. At trial, both arguments directly contradicted Kay’s statements to law enforcement on the day of the offense, as he repeatedly told investigators that Kay had loaded his own shotgun in anticipation of shooting Daisy should she show up on his property, as well as repeatedly confirming that Daisy was not chasing any animals on the property prior to being shot.

 

At sentencing, DA Jenna Wallace urged the Court to find substantial and compelling reasons to impose a prison sentence given Kay used a firearm and was on probation at the time he unlawfully killed Daisy. Additionally, DA Wallace argued that Kay’s 15 prior criminal convictions spanning over the past 20 years demonstrated a clear disregard for the law and his lack of previous consequences has failed to deter additional criminality.   

 

Both Sharon and Gerry Biddinger spoke at sentencing addressing Kay and the impact his conduct has had on them since Daisy’s death. It was clear that Daisy was a sweet, kind, and loving dog that meant more than words could describe. Mrs. Biddinger ended her statement by expressing her sadness, anger, and frustration that Kay’s response to Daisy being on his property was to pick up a shotgun instead of picking up the phone.

 

Ultimately, Judge Benjamin found substantial and compelling reasons to impose an 18-month prison sentence with 24 months of post-prison supervision. Kay’s shotgun was forfeited, and he has been prohibited from possessing any firearms upon his release from prison. Judge Benjamin stated, “Daisy was more than just property; she was a family member. There was no evidence that Daisy was a nuisance animal, and it is hard to understand the decision to shoot Daisy as she was running away. It seems very callous, cruel.” Judge Benjamin also commented on Kay’s criminal history, stating “[Kay’s] decision to commit this crime so carelessly could be the result of very little consequences over the course of his 30-year behavior.”

 

This case was prosecuted by District Attorney Jenna Wallace and Deputy District Attorney Marshall Thompson. This case was investigated by Deputy Soren Cullivan, Lincoln County Sheriff’s Office. The District Attorney’s Office would like to thank Deputy Cullivan and Lincoln County Sheriff’s Office for recognizing the traumatizing impact animal abuse cases can have on our community and dedicating already limited resources to fully investigating these types of crimes. The District Attorney’s Office would also like to thank the Newport Police Department and Toledo Police Department for responding and assisting in this investigation.

 

Attached Media Files: Daisy, Daisy and Cat,

Father Indicted For Child Neglect Of Deceased Son Dane - 10/30/25

On October 16, 2025, a Lincoln County Grand Jury returned a Secret Indictment charging 40-year-old Aaron Paulsen with one count of Child Neglect in the Second Degree. The indictment results from an extensive investigation by Lincoln County’s Major Crime Team, led by the Lincoln County Sheriff’s Office, into the disappearance of Paulsen’s 2-year-old son, Dane, in March 2025.  

 

The Lincoln County Grand Jury consists of 7 residents picked randomly through the Lincoln County Circuit Court process of jury service. The Grand Jury is responsible for listening to and evaluating testimony to determine whether the evidence is such that it would warrant a conviction by a trial jury. The Grand Jury also has the authority to request additional evidence or direct further investigation. After deliberating and voting privately, a Grand Jury returns a true bill charging an individual with a crime only if at least five out of seven jurors determine there is sufficient evidence to warrant a conviction.

 

In Paulsen’s case, testimony and evidence regarding the death of Dane Paulsen was presented to the Grand Jury on October 16, 2025. After listening to the evidence, the Grand Jury deliberated and chose to indict Paulsen with one count of Child Neglect in the Second Degree. The District Attorney’s Office then prepared the indictment for signature. Based on the Grand Jury Indictment, the Lincoln County Circuit Court issued an arrest warrant for Paulsen. Paulsen was subsequently cited and released by Lincoln County Sheriff’s Office. Paulsen is scheduled to be arraigned on the indictment on Monday, November 3, 2025.

 

Due to this being an open criminal prosecution, the Lincoln County District Attorney’s Office will not release additional information at this time. Please contact DA Jenna Wallace at jwallace@co.lincoln.or.us with any questions.

Father Indicted For Child Neglect Of Deceased Son Dane - 10/30/25

On October 16, 2025, a Lincoln County Grand Jury returned a Secret Indictment charging 40-year-old Aaron Paulsen with one count of Child Neglect in the Second Degree. The indictment results from an extensive investigation by Lincoln County’s Major Crime Team, led by the Lincoln County Sheriff’s Office, into the disappearance of Paulsen’s 2-year-old son, Dane, in March 2025.  

 

The Lincoln County Grand Jury consists of 7 residents picked randomly through the Lincoln County Circuit Court process of jury service. The Grand Jury is responsible for listening to and evaluating testimony to determine whether the evidence is such that it would warrant a conviction by a trial jury. The Grand Jury also has the authority to request additional evidence or direct further investigation. After deliberating and voting privately, a Grand Jury returns a true bill charging an individual with a crime only if at least five out of seven jurors determine there is sufficient evidence to warrant a conviction.

 

In Paulsen’s case, testimony and evidence regarding the death of Dane Paulsen was presented to the Grand Jury on October 16, 2025. After listening to the evidence, the Grand Jury deliberated and chose to indict Paulsen with one count of Child Neglect in the Second Degree. The District Attorney’s Office then prepared the indictment for signature. Based on the Grand Jury Indictment, the Lincoln County Circuit Court issued an arrest warrant for Paulsen. Paulsen was subsequently cited and released by Lincoln County Sheriff’s Office. Paulsen is scheduled to be arraigned on the indictment on Monday, November 3, 2025.

 

Due to this being an open criminal prosecution, the Lincoln County District Attorney’s Office will not release additional information at this time. Please contact DA Jenna Wallace at jwallace@co.lincoln.or.us with any questions.

Father Sentenced To Life In Prison For Assaulting And Killing His 15-month-old Daughter (Photo) - 10/29/25

On October 28, 2025, Presiding Judge Sheryl Bachart sentenced Emerson Cromwell (27-year-old) to life in prison for causing the death of his 15-month-old daughter. On September 26, 2025, Cromwell was convicted by a Lincoln County jury of Murder in the Second Degree, Assault in the First Degree, Assault in the Second Degree, and Manslaughter in the First Degree, after nearly a month-long trial.

 

On August 9, 2022, law enforcement and medical personnel responded to Cromwell’s residence in Lincoln City after Cromwell called 911 to report that his 15-month-old daughter was unconscious and non-responsive. The child was immediately transported by medics to the Samaritan North Lincoln Hospital Emergency Room, where it was determined that the child was suffering from a brain bleed. The child was life-flighted to OHSU Doernbecher Children’s Hospital in Portland and died the following morning. The Oregon State Police Medical Examiner opined the manner of death to be homicide due to an acute subdural hemorrhage and blunt force injuries to the head.    

 

Evidence presented at trial showed that Cromwell was the only person alone with his daughter prior to her becoming non-responsive. Cromwell told investigators that the child was fine before crawling towards him and collapsing in his arms. Cromwell stated he picked her up and shook her one time to revive her before calling 911. Messaging data from earlier in the day showed that Cromwell had become frustrated with feeding his daughter and had also received some bad news regarding a clothing business venture. A short time after these messages, Cromwell texted the child’s mother that something was wrong with the child and then called 911.

 

Evidence presented at trial showed that Cromwell began spanking his daughter when she was merely 5 months old and would often take the child into her room and beat her causing bruises that lasted days. The State presented several medical experts at trial that all concluded that the only explanation for the child’s severe brain damage was child abuse trauma.

 

At sentencing, Judge Bachart imposed the presumptive sentence prescribed by the legislature of life in prison with the possibility of parole after 25 years. Judge Bachart noted the testimony showed that child was often left home alone and the Cromwell was ill-equipped to be a father. Judge Bachart stated “it was a violent, horrible death that she did not have to suffer, and it was at the hands of her father”.

 

This case was prosecuted by Assistant Attorney General Tobias Tingleaf of the Department of Justice and Chief Deputy District Attorney Michael Thornicroft and investigated by the Lincoln County Major Crime Team consisting of the Lincoln City Police Department, Newport Police Department, Toledo Police Department, Oregon State Police, and the Lincoln County Sheriff’s Office.

 

Attached Media Files: Booking Photo,

Father Sentenced To Life In Prison For Assaulting And Killing His 15-month-old Daughter (Photo) - 10/29/25

On October 28, 2025, Presiding Judge Sheryl Bachart sentenced Emerson Cromwell (27-year-old) to life in prison for causing the death of his 15-month-old daughter. On September 26, 2025, Cromwell was convicted by a Lincoln County jury of Murder in the Second Degree, Assault in the First Degree, Assault in the Second Degree, and Manslaughter in the First Degree, after nearly a month-long trial.

 

On August 9, 2022, law enforcement and medical personnel responded to Cromwell’s residence in Lincoln City after Cromwell called 911 to report that his 15-month-old daughter was unconscious and non-responsive. The child was immediately transported by medics to the Samaritan North Lincoln Hospital Emergency Room, where it was determined that the child was suffering from a brain bleed. The child was life-flighted to OHSU Doernbecher Children’s Hospital in Portland and died the following morning. The Oregon State Police Medical Examiner opined the manner of death to be homicide due to an acute subdural hemorrhage and blunt force injuries to the head.    

 

Evidence presented at trial showed that Cromwell was the only person alone with his daughter prior to her becoming non-responsive. Cromwell told investigators that the child was fine before crawling towards him and collapsing in his arms. Cromwell stated he picked her up and shook her one time to revive her before calling 911. Messaging data from earlier in the day showed that Cromwell had become frustrated with feeding his daughter and had also received some bad news regarding a clothing business venture. A short time after these messages, Cromwell texted the child’s mother that something was wrong with the child and then called 911.

 

Evidence presented at trial showed that Cromwell began spanking his daughter when she was merely 5 months old and would often take the child into her room and beat her causing bruises that lasted days. The State presented several medical experts at trial that all concluded that the only explanation for the child’s severe brain damage was child abuse trauma.

 

At sentencing, Judge Bachart imposed the presumptive sentence prescribed by the legislature of life in prison with the possibility of parole after 25 years. Judge Bachart noted the testimony showed that child was often left home alone and the Cromwell was ill-equipped to be a father. Judge Bachart stated “it was a violent, horrible death that she did not have to suffer, and it was at the hands of her father”.

 

This case was prosecuted by Assistant Attorney General Tobias Tingleaf of the Department of Justice and Chief Deputy District Attorney Michael Thornicroft and investigated by the Lincoln County Major Crime Team consisting of the Lincoln City Police Department, Newport Police Department, Toledo Police Department, Oregon State Police, and the Lincoln County Sheriff’s Office.

 

Attached Media Files: Booking Photo,