September 29, 2023
PORTLAND, Oregon – Today, Multnomah County District Attorney Mike Schmidt released a list of cases impacted by the public defense crisis. The list includes felony cases dismissed by the JC3 court as a result of the crisis.
In November, DA Mike Schmidt called the public defense crisis– defined by a lack of public defenders to provide counsel to defendants– an urgent threat to public safety. Individuals charged with a crime have a constitutional right to defense counsel. Victims have a right to justice. Absent counsel, criminal prosecutions cannot lawfully move forward, and throughout the counsel shortage, cases issued by the office have been routinely dismissed over prosecutors’ objections.
DA Schmidt also declared that MCDA would publish cases dismissed due to the crisis each week to increase transparency and advance the public’s understanding of the scope of the crisis. Here is a breakdown of the types of felonies getting dismissed.
There were 20 cases dismissed by the court as a result of the public defense crisis between 9/15/2023 and 9/28/2023:
23-CR-16979 23-CR-19294 23-CR-16020 22-CR-08399 23-CR-27489 23-CR-21608 23-CR-12888 23-CR-21282 23-CR-21500 21-CR-06455
| 22-CR-43194 22-CR-15032 23-CR-19855 22-CR-24793 23-CR-21910 21-CR-13407 20-CR-05267 23-CR-06125 21-CR-50403 20-CR-70179
|
#MCDA#
The Multnomah County District Attorney’s Office (MCDA) today published transcripts of the grand jury proceedings in the death investigation of Immanueal Jaquez Clark-Johnson.
Upon the grand jury’s return of a “not true bill” in this matter, MCDA filed a motion with the presiding court to create and release a transcript of the recorded grand jury proceedings pursuant to ORS 132.260(1).
The transcripts are available on MCDA’s website:
MCDA has also made available a memo summarizing the facts of the case and applicable Oregon law.
MCDA has no additional comment on this matter.
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Multnomah County District Attorney Mike Schmidt will hold a media availability tomorrow, September 26, at 9 a.m., as part of his ongoing open office hours.
To attend, members of the media must RSVP to media@mcda.us by 8 a.m., September 26. The location will be provided to those who RSVP.
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Multnomah County District Attorney Mike Schmidt announced today that a Multnomah County Circuit Court Judge sentenced Christopher Edward Knipe, 48, to 17 years in prison for the 2019 vehicular killing of Sean Kealiher.
Incident
On October 12, 2019, officers from Portland Police Bureau’s Central Precinct were dispatched to an incident in the area of Northeast 8th Avenue and Davis Street. When officers arrived, they found an SUV crashed into the side of a commercial building. There were no victims or witnesses at the scene. Police learned that an injured person had been dropped off at a local hospital after being transported by a private vehicle. The victim was identified as Sean D. Kealiher, 23, who died shortly after arriving at the hospital due to blunt force trauma from having been struck by a vehicle. After a lengthy investigation, PPB identified Christopher Edward Knipe as one of three people in the suspect vehicle. It wasn’t until Knipe’s confession on June 27, 2022, that police were able to conclusively identify him as the driver. The DA’s Office presented charges to a grand jury, which voted to indict Knipe on August 15, 2022.
Plea and Sentencing
Deputy District Attorney Brad Kalbaugh and Senior Deputy District Attorney Mariel Mota represented the state in this case. As part of a plea agreement negotiated with the defendant and his counsel, Knipe pled guilty this afternoon to one count of Manslaughter in the First Degree. Judge Andrew Lavin accepted the plea and imposed the 17-year prison sentence today. Knipe is currently in custody in Multnomah County and will be transported to the Oregon Department of Corrections to serve his sentence.
The DA’s Office thanks the PPB detectives and officers who assisted with this case.
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UPDATE:
Today, Multnomah County Circuit Court Judge Christopher Marshall sentenced Brian Delon Washington, 23, to 100 months in prison. Senior Deputy DA Amanda Nadell and Deputy DA Sam Wilton represented the state in this case. As part of a plea agreement negotiated with the defendant and his counsel, Washington pled no contest on June 28, 2023, to one count of Manslaughter in the Second Degree Constituting Domestic Violence. Washington is currently in custody in Multnomah County and will be transported to the Oregon Department of Corrections to serve his sentence.
The DA’s Office thanks the Gresham Police Department and the East County Major Crimes Team for their assistance with this case.
#MCDA#
*Original Message (8/17/2020)*
Gresham Police arrest DV murder suspect, charges filed in Multnomah County Circuit Court
(PORTLAND, Ore.) – Today, Multnomah County District Attorney Mike Schmidt announced that 20-year-old Brian Washington is being charged with one count of murder in the second degree constituting domestic violence.
The Gresham Police Department and the East Multnomah County Major Crimes Team continues to investigate the death of 22-year-old Iryonna Bynum.
This investigation started on August 11, 2020 when police responded to a residence in the 700 block of Southeast 187th Street in Gresham, Oregon to conduct a welfare check. Upon arrival, law enforcement located Bynum unresponsive. It was determined Bynum died on scene.
On August 13, 2020, the Oregon State Medical Examiner’s Office conducted an autopsy and determined Bynum died of homicidal violence.
The probable cause affidavit in this case remains sealed pursuant to a judge’s ruling.
No additional information can be released by the Multnomah County District Attorney’s Office at this time.
Anyone with information on this case is asked to call the Gresham Police Department’s Crime Tip Line at 503-618-2719.
The Multnomah County District Attorney’s Domestic Violence Unit is committed to ending family abuse. The unit engages in evidence-based prosecution of domestic violence. It emphasizes the importance of victim advocacy services for all victims and children. Even when a prosecutor decides to proceed with a case without a victim’s participation, every effort is made to offer the victim advocacy services from available resources.
Resources:
#MCDA#
UPDATE:
Today, Multnomah County Circuit Court Judge Michael Greenlick sentenced Nathan Wayne Moore, 43, to life in prison with the possibility of parole after 25 years. The sentence follows an August 16th verdict where a 12-person jury found Moore guilty of three charges, including Murder in the Second Degree with a Firearm. This case was prosecuted by Deputy District Attorneys Sean Hughey and Leslie Wu. Moore is currently in custody in Multnomah County and will be transported to the Oregon Department of Corrections to serve his sentence.
The DA's Office would like to thank PPB Detective Rico Beniga for his work on this case and the courageous family members who presented victim impact statements at sentencing today.
#MCDA#
*Original Message (8/18/2023)*
Jury Finds Nathan Wayne Moore Guilty for 2018 Murder of Dominique Scott Eivers in Southeast Portland
Multnomah County District Attorney Mike Schmidt today announced that a Multnomah County jury delivered a guilty verdict for Nathan Wayne Moore, 43, for the fatal shooting of Dominique Scott Eivers, 41, in November 2018.
The investigation into this case started when, on November 19, 2018, officers with the Portland Police Bureau received information about shots fired in the 13000 block of Southeast Powell Boulevard. Officers arrived and began speaking with several people. While conducting their initial investigation, officers located blood on the ground.
Law enforcement later learned that a male subject, identified as Mr. Eivers, had been dropped off at a local hospital by private vehicle. Mr. Eivers died as a result of a gunshot injury, according to the Oregon State Medical Examiner’s Office. Moore was identified as the suspect and taken into custody on November 19 at a residence located within the crime scene. A grand jury indicted Moore on November 29, 2018.
The trial took place in front of Judge Michael Greenlick from August 7-16, 2023, with Deputy District Attorneys Sean Hughey and Leslie Wu as prosecutors. The 12-person jury delivered the verdict on August 16, finding Moore guilty of three charges:
Moore is currently in custody at the Multnomah County Detention Center and is scheduled to be sentenced by Judge Greenlick on September 21.
The DA’s Office thanks the PPB officers and detectives who worked this case.
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Multnomah County District Attorney Mike Schmidt announced today that a Multnomah County Circuit Court Judge sentenced Daniel Roy Hensley, 34, to 15 years in prison for a 2022 fatal shooting in Gresham.
Incident
On March 11, 2022, law enforcement responded to a strip mall in Gresham on the report of a shooting shortly after midnight. Responding officers found Corey Monroe on the ground suffering from a single gunshot wound to his chest. Before being transported to OHSU, Monroe identified the person who shot him. He died a short time later at the hospital. Gresham Police Department detectives and members of the East Multnomah County Major Crimes Team conducted an investigation, which culminated in the arrest of Daniel Roy Hensley. A grand jury indicted Hensley in April of 2022.
Plea and Sentencing
Deputy District Attorney Brad Kalbaugh represented the state in this case. As part of a plea agreement negotiated with the defendant and his counsel, Hensley pled guilty on Monday to one count of Manslaughter in the First Degree and one count of Unlawful Use of a Weapon with a firearm.
Judge Eric Dahlin imposed the 15-year prison sentence Monday. Hensley has been transferred from custody in Multnomah County to the Oregon Department of Corrections to serve his sentence.
The DA’s Office thanks the Gresham Police Department and the East Multnomah County Major Crimes Team for their assistance with this case.
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Multnomah County District Attorney Mike Schmidt announced today that a Multnomah County Circuit Court Judge sentenced Gerry Deray Cunningham, 41, to 10 years in prison for a 2022 attempted murder with a firearm in southeast Portland.
Incident
On September 27, 2022, officers from the Portland Police Bureau’s East Precinct responded to a bar in the area of Southeast 159th and Stark Street on reports of a shooting. Upon arrival, officers located a male victim in the parking lot with multiple gunshot wounds. Officers provided emergency medical aid until an ambulance arrived and transported the victim to OHSU with life-threatening injuries. East Precinct officers located witnesses and evidence of gunfire. Through their investigation, officers identified the suspect as Gerry Cunningham.
Portland Police referred the case to the Multnomah County District Attorney’s Office, and charges were filed following a grand jury indictment in November 2022.
Plea and Sentencing
Senior Deputy DA Eric Zimmerman represented the state in this case. As part of a plea agreement negotiated with the defendant and his counsel, Cunningham pled guilty on August 24 to one count of Attempted Murder in the First Degree, one count of Assault in the First Degree, and one count of Unlawful Use of a Weapon.
Judge Christopher Marshall imposed the 10-year prison sentence yesterday. Cunningham is currently in custody in Multnomah County and will be transported to the Oregon Department of Corrections to serve his sentence.
The DA’s Office thanks the Portland Police officers and detectives who assisted with this case.
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September 15, 2023
PORTLAND, Oregon – Today, Multnomah County District Attorney Mike Schmidt released a list of cases impacted by the public defense crisis. The list includes felony cases dismissed by the JC3 court as a result of the crisis.
In November, DA Mike Schmidt called the public defense crisis– defined by a lack of public defenders to provide counsel to defendants– an urgent threat to public safety. Individuals charged with a crime have a constitutional right to defense counsel. Victims have a right to justice. Absent counsel, criminal prosecutions cannot lawfully move forward, and throughout the counsel shortage, cases issued by the office have been routinely dismissed over prosecutors’ objections.
DA Schmidt also declared that MCDA would publish cases dismissed due to the crisis each week to increase transparency and advance the public’s understanding of the scope of the crisis. Here is a breakdown of the types of felonies getting dismissed.
There were 6 cases dismissed by the court as a result of the public defense crisis between 9/8/2023 and 9/14/2023:
22-CR-30970
23-CR-20123
21-CR-19776
23-CR-20372
23-CR-20124
23-CR-03132
#MCDA#
UPDATE:
Today, Multnomah County Circuit Court Judge Angela Lucero sentenced Demarcus Loinu Paye, 32, to 100 months in prison, plus 140 months of post-prison supervision. The sentence follows a May 31st verdict where a 12-person jury found Paye guilty of four counts involving the sexual abuse of a minor. This case was prosecuted by Deputy District Attorney Madeline Loeb. Paye is currently in custody at the Multnomah County Detention Center and will be transported to the Oregon Department of Corrections to serve his sentence.
#MCDA#
Original Message (6/1/2023)
Jury Finds Demarcus Paye Guilty of Sexual Abuse of a Minor
Multnomah County District Attorney Mike Schmidt today announced that a Multnomah County jury found Demarcus Loinu Paye, 32, guilty of sexually abusing a 16-year-old family member in August 2021.
The trial took place in front of Judge Angela Lucero from May 22 to May 30, 2023, with Deputy District Attorney Maddie Loeb as prosecutor. The 12-person jury delivered the verdict yesterday, finding Paye guilty of:
Paye is currently in custody and will be sentenced by Judge Lucero at a later date.
The Multnomah County District Attorney’s Office thanks the Gresham Police Department for their assistance with this case.
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Multnomah County District Attorney Mike Schmidt announced today that a Multnomah County Circuit Court Judge sentenced Terrell Darnell Robinson, 25, to 90 months in prison for two shootings involving the same victim.
2020 Incident
On November 23, 2020, Portland Police officers were dispatched on reports of shots fired in the areas of the Gateway Fred Meyer and an apartment complex near East Burnside and 103rd. Officers located and interviewed a male victim that reported meeting his ex-girlfriend in the parking lot of Fred Meyer. The victim reported that his ex-girlfriend’s current boyfriend, Terrell Robinson, arrived and a confrontation ensued. The victim stated that, while he was speaking with the woman, Robinson approached, brandished a handgun that was tucked into his waistband, and then fired once into the air. The victim and the woman left and went to a nearby apartment complex. Robinson later arrived at the apartment complex, brandished his handgun again, and when the victim began to drive away, Robinson fired six rounds at him. Robinson later admitted to some of these facts.
2021 Incident
Terrell Robinson shot the same victim on October 26, 2021. On that date, Portland Police officers were dispatched to a shooting at the Columbia Park Annex at 4375 North Willamette Boulevard. Officers observed the victim with a gunshot wound to his lower abdomen. They began to provide medical assistance, and the victim was transported to the hospital for treatment that lasted several weeks. Through interviews and witness statements, officers learned that the same woman from the 2020 incident was with the victim in the park when Robinson arrived and shot the victim over another dispute regarding the woman.
Plea and Sentencing
As part of a plea agreement negotiated with the defendant and his counsel, Robinson pled guilty to one count of Assault in the First Degree with a Firearm (related to the 2021 incident) and one count of Unlawful Use of a Weapon (related to the 2020 incident).
Judge Christopher Ramras imposed the 90-month prison sentence yesterday. Robinson is currently in custody in Multnomah County and will be transported to the Oregon Department of Corrections to serve his sentence.
The DA’s Office thanks the Portland Police officers and detectives who assisted with this case.
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Multnomah County District Attorney Mike Schmidt today announced that a grand jury indicted Adrian Austin Cummins, 25, on 12 charges from Saturday’s stabbing incident on a MAX light rail train in southeast Portland:
Upon review of the evidence provided by law enforcement, Deputy District Attorneys Julian Samuels and Charlie Weiss presented the case to the Grand Jury, which returned a true bill of indictment today. Cummins is scheduled to be arraigned on the indictment on September 13, 2023.
Following Cummins’ arrest on September 2, 2023, MCDA filed a motion with the court seeking preventative detention – a means of denying any release during the pendency of the case. Prosecutors presented arguments to Judge Steffan Alexander yesterday, and the judge granted the motion. This means Cummins will not be released until resolution of his case.
The DA’s Office thanks the Portland Police Bureau for their assistance so far in this case.
A charging instrument is only an accusation of a crime. Cummins is innocent unless and until proven guilty.
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September 8, 2023
PORTLAND, Oregon – Today, Multnomah County District Attorney Mike Schmidt released a list of cases impacted by the public defense crisis. The list includes felony cases dismissed by the JC3 court as a result of the crisis.
In November, DA Mike Schmidt called the public defense crisis– defined by a lack of public defenders to provide counsel to defendants– an urgent threat to public safety. Individuals charged with a crime have a constitutional right to defense counsel. Victims have a right to justice. Absent counsel, criminal prosecutions cannot lawfully move forward, and throughout the counsel shortage, cases issued by the office have been routinely dismissed over prosecutors’ objections.
DA Schmidt also declared that MCDA would publish cases dismissed due to the crisis each week to increase transparency and advance the public’s understanding of the scope of the crisis. Here is a breakdown of the types of felonies getting dismissed.
There were 0 cases dismissed by the court as a result of the public defense crisis between 9/1/2023 and 9/7/2023.
#MCDA
Multnomah County District Attorney Mike Schmidt announced today that a Multnomah County Circuit Court Judge sentenced Brendan Tyler Johnson, 25, to 25 years in prison in a case involving child pornography and encouraging child sex abuse.
On March 21, 2022, patrol deputies from the Multnomah County Sheriff’s Office responded to a Fairview business to check on the wellbeing of a child, who was under the age of 10. Deputies learned from the child’s parents that a man, later identified as Brendan Tyler Johnson, had been communicating with their child through an online social media application, and that he had requested sexually explicit images from the child. When the child’s mother found out, she posed as her daughter and proposed to Johnson that they meet that day, to which Johnson immediately accepted. When Johnson arrived at the meeting spot, he was met by MCSO deputies who arrested him. Over the next eight months, MCSO detectives further uncovered evidence of Johnson’s ongoing access to child pornography and his having encouraged two minor girls to engage in sexually explicit conduct online with him.
MCSO referred the case to the Multnomah County District Attorney’s Office, and charges were filed following a grand jury indictment in April 2022.
Bench Trial
Deputy District Attorney Sam Wilton represented the state at trial, which took place in front of Judge Christopher Ramras from March 6-9, 2023. Judge Ramras delivered his verdict on March 9, finding Johnson guilty of:
Judge Ramras also found Johnson not guilty of four additional counts of Encouraging Child Sexual Abuse in the First Degree, one count of Luring a Minor, and one count of Online Corruption of a Child in the First Degree.
Sentencing
Sentencing took place yesterday, where Judge Ramras imposed the 25-year prison sentence. Johnson was transferred from Multnomah County to the Oregon Department of Corrections where he will serve his sentence.
The DA’s Office thanks the Multnomah County Sheriff’s Office for their investigation and assistance with this case.
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Multnomah County District Attorney Mike Schmidt today announced that a grand jury indicted Garret Bradley James Fine, 25, on 16 charges stemming from multiple instances of vandalism and other criminal activity on July 4 in Gresham:
On July 4, Gresham Police Department officers responded to reports of multiple businesses with smashed windows in downtown Gresham. Officers spoke with a witness who reported that he confronted the suspect, later identified as Garret Fine, who he saw damaging business windows. When the witness followed Fine, he started throwing rocks and punching the witness in the face. GPD officers responded the same day to two more reports of vandalism of businesses. Officers estimated that Fine caused damage to at least 10 businesses that day.
Upon review of the evidence provided by law enforcement, prosecutors presented the case to the Grand Jury, which returned a true bill of indictment on September 1. Fine is currently in custody at the Multnomah County Detention Center and is scheduled to be arraigned on the indictment on September 6.
The DA’s Office thanks the Gresham Police Department for their assistance so far in this case.
A charging instrument is only an accusation of a crime. Fine is innocent unless and until proven guilty.
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September 1, 2023
PORTLAND, Oregon – Today, Multnomah County District Attorney Mike Schmidt released a list of cases impacted by the public defense crisis. The list includes felony cases dismissed by the JC3 court as a result of the crisis.
In November, DA Mike Schmidt called the public defense crisis– defined by a lack of public defenders to provide counsel to defendants– an urgent threat to public safety. Individuals charged with a crime have a constitutional right to defense counsel. Victims have a right to justice. Absent counsel, criminal prosecutions cannot lawfully move forward, and throughout the counsel shortage, cases issued by the office have been routinely dismissed over prosecutors’ objections.
DA Schmidt also declared that MCDA would publish cases dismissed due to the crisis each week to increase transparency and advance the public’s understanding of the scope of the crisis. Here is a breakdown of the types of felonies getting dismissed.
There were 12 cases dismissed by the court as a result of the public defense crisis between 8/18/023 and 8/31/2023:
23-CR-18505
23-CR-14948
22-CR-06389
22-CR-49986
22-CR-51655
23-CR-16991
22-CR-03227
22-CR-13138
23-CR-09115
20-CR-64256
21-CR-12710
23-CR-10743
#MCDA#