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Six men indicted for felony riot following May 1, 2019 demonstrations in Multnomah County - 08/22/19

August 22, 2019

Six men indicted for felony riot following May 1, 2019 demonstrations in Multnomah County

Today, Multnomah County District Attorney Rod Underhill announced a Multnomah County grand jury indicted six men with one count of felony riot following the May 1, 2019 mass demonstrations in Multnomah County.

The indictment charges 37-year-old Christopher Ponte, 45-year-old Ian Kramer, 35-year-old Joseph Gibson, 29-year-old Mackenzie Lewis, 24-year-old Matthew Cooper and 50-year-old Russell Schultz.

Under Oregon law, a person commits the crime of riot if, while participating with five or more other people, the individual engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm.

On August 12, 2019, the Multnomah County District Attorney’s Office presented the Presiding Judge of Multnomah County with an affidavit seeking an arrest warrant for all six men. The court reviewed this affidavit for legal sufficiency and merit and authorized the arrest warrants.

A Multnomah County grand jury, which is comprised of seven community members selected by the court, has reviewed evidence in this case and has made a legal finding to file the single count indictment against all six men.

Like in all criminal and civil matters, electronic copies of court documents, which are not subject to a protective order, are available to the public through the Oregon eCourt Information (OECI) system.

No additional information can be released by the Multnomah County District Attorney’s Office at this time pursuant to the Oregon State Professional Rules of Conduct.

An indictment is only an accusation of a crime and Ponte, Kramer, Gibson, Lewis, Cooper and Schultz are all innocent unless and until proven guilty.

The Multnomah County District Attorney's Office continues to work with law enforcement to identify and investigate any criminal conduct that occurred during past mass demonstrations. This conduct includes assaults that have been recorded and posted online.

The Multnomah County District Attorney's Office does not prosecute individuals based on their ideologies or affiliations with political or non-political organizations. The District Attorney’s Office will initiate a criminal case following a review of all available evidence and whenever legally and ethically appropriate, pursuant to state and constitutional law.

The Multnomah County District Attorney's Office encourages anyone with information on the identity of any person observed in criminal behavior during a mass demonstration to contact Portland Police so these cases can be investigated and then sent to the Multnomah County District Attorney’s Office for prosecution consideration.

Tips should be directed to the Portland Police Bureau's Detective Division at (503) 823-0400 or submitted anonymously to Crime Stoppers of Oregon by calling 503.823.HELP (4357)

In general, the statute of limitation for most felony crimes committed during a mass demonstration is typically three years. Similarly, for most misdemeanor crimes committed during a mass demonstration, the statute of limitation is typically two years.

#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

 

Noah Boege receives two year prison sentence for negligently causing the death of Sarah Pearson - 08/22/19

August 22, 2019

Noah Boege receives two year prison sentence for negligently causing the death of Sarah Pearson

Today, Multnomah County District Attorney Rod Underhill announced that 19-year-old Noah Boege received a two year prison sentence after being convicted of one count of criminally negligent homicide.

“As the court stated on the record during today’s sentencing hearing, reckless driving kills,” said Multnomah County Deputy District Attorney Parakram Singh, who prosecuted this case. “This was a very complex case. It was highly negotiated and today’s resolution took into account many factors. Ultimately, we believe this to be a very appropriate resolution given the facts of this case.”

In a letter to the court, Sarah Pearson’s mother remembered her daughter as being “so sweet and special.” She described the impact Ms. Pearson’s death had on their entire family.

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. Ms. Pearson was found lying unresponsive. She was a close friend of Boege and was the only passenger in his 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 more than double the posted speed limit while fatigued and sleep deprived.
Upon his release, Boege will be on three years of post-prison supervision.

The Multnomah County District Attorney’s Office recognizes the Multnomah County Sheriff’s Office, Gresham Police Department and the members of the East Multnomah County Vehicular Crimes Team for their dedicated efforts investigating 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-19-191-Noah_Boege.pdf
Superseding indictment filed after third victim of sexual abuse comes forward - 08/22/19

August 22, 2019

Superseding indictment filed after third victim of sexual abuse comes forward

Today, Multnomah County District Attorney Rod Underhill announced the filing of a superseding indictment after law enforcement identified a third individual who reported being sexually abused by 58-year-old George Brotherton.

On July 27, 2019, the Portland Police Bureau executed a court-authorized search warrant in the 2700 block of Southwest 1st Avenue in Portland, Oregon. During the search warrant, law enforcement located and arrested Brotherton.

This investigation started on July 5, 2019 when a woman reported she was confronted by a man, later identified as Brotherton, who was armed with a knife, according to court documents. The woman was walking to work and Brotherton threatened to harm her and that while doing so, he grabbed her chest, according to court documents.

During this investigation, law enforcement learned the identity of a second woman who reported that on July 26, 2019, she was sleeping in an alcove on a sidewalk and that she woke up to a person, later identified as Brotherton, holding a knife to her throat whispering that he wanted to touch her, according to court documents. It is alleged that Brotherton sexually abused the woman and that during the alleged assault, an individual nearby saw what was occurring and confronted Brotherton, according to court documents. It is alleged that Brotherton assaulted the person who attempted to intervene and that he caused physical injury to that person.

Members of the Portland Police Bureau’s Detective Division and its Sex Crimes Unit have continued to investigate these alleged acts. During that time, a third individual came forward and reported that she was sexually abused on July 25, 2019.

According to the indictment, Brotherton is alleged to have unlawfully and knowingly, by means of forcible compulsion, subjected the female to sexual contact by touching multiple intimate parts of her body and that he did so while using a knife. 

At this time, law enforcement, including the Multnomah County District Attorney’s Office, is requesting assistance from the public in determining whether or not there are additional victims.

Brotherton is charged with five counts of sexual abuse in the first degree, two counts of coercion, four counts of unlawful use of a weapon, two counts of unlawful sexual penetration in the first degree, one count of assault in the second degree and one count of attempted assault in the second degree.

The Multnomah County District Attorney’s Office is unable to release any additional information on this case due to the ongoing investigation.

Anyone with information on this case is asked to call Detective Matt Estes at 503-823-0462 or matthew.estes@portlandoregon.gov.

Brotherton is scheduled to be arraigned August 22, 2019.

#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-19-190-George_Brotherton.pdf
District Attorney's Office statement on arrests made August 17, 2019 during mass demonstrations - 08/19/19

August 19, 2019

District Attorney’s Office statement on arrests made August 17, 2019 during mass demonstrations

On August 17, 2019, law enforcement booked two individuals into the Multnomah County Detention Center for criminal conduct that is alleged to have occurred during Saturday’s mass demonstrations in Portland, Oregon.

Nine other individuals were arrested, issued criminal citations and then released on misdemeanor related offenses.

Law enforcement expects to refer two juvenile cases to the Multnomah County Department of Community Justice Juvenile Services Division. Unless otherwise ordered by the court, all juvenile records are confidential. 

The names of those arrested on Saturday were previously released by the Portland Police Bureau.  

The Multnomah County District Attorney’s Office expects the two individuals who were booked into jail on Saturday to make their first court appearance at the Multnomah County Justice Center on August 19, 2019 at approximately 2 p.m.

In preparation for a potential influx of criminal cases resulting from Saturday’s events, the Multnomah County District Attorney’s Office worked closely with the Trial Court Administrator for Multnomah County Circuit Court.

All adults cited and released by law enforcement on August 17, 2019 are tentatively scheduled to appear in court next month. This will give the Multnomah County District Attorney’s Office time to collect police reports and screen each case independently for prosecutorial merit and legal sufficiency.

The Multnomah County District Attorney's Office continues to work with law enforcement to identify and investigate any criminal conduct that occurred during Saturday’s mass demonstrations and criminal conduct that occurred during any prior mass demonstration. This conduct includes assaults that have been recorded and posted online.

The Multnomah County District Attorney's Office does not prosecute individuals based on their ideologies or affiliations with political or non-political organizations. The District Attorney’s Office will initiate a criminal case following a review of all available evidence and whenever legally and ethically appropriate, pursuant to state and constitutional law.

In general, the statute of limitation for most felony crimes is typically three years. Similarly, for most misdemeanor crimes, the statute of limitation is typically two years.

The Multnomah County District Attorney's Office encourages anyone with information on the identity of any person observed in criminal behavior during a mass demonstration to contact the Portland Police Bureau so these cases can be investigated and then sent to the Multnomah County District Attorney’s Office for prosecution consideration.

Crime tips should be directed to the Portland Police Bureau's Detective Division at (503) 823-0400 or submitted anonymously to Crime Stoppers of Oregon.

All publicly available court documents not subject to a protective order will be accessible on the Oregon eCourt Information (OECI) system once scanned by court staff.

No additional statements can be provided at this time.

All of the individuals arrested 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: rent.Weisberg@mcda.us">Brent.Weisberg@mcda.us

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