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OPEN CARRY AND 2ND AMENDMENT RIGHTS
Sheriff Pat Garrett

Whether it's a woman in a coffee shop wearing a .38 caliber handgun or a guy walking down the street with an AR-15 rifle, such open carry displays often result in 911 calls and generate public discussion. We want to provide some facts and let you know what you can expect from your Sheriff's Office.
For people who are not Concealed Handgun License (CHL) Holders
Oregon is an "open carry" state. That means state law does not significantly restrict a person's constitutional Second Amendment right to openly carry a loaded firearm. However, some cities, such as Portland, Tigard and Beaverton, prohibit open carry of loaded firearms in their cities as allowed by ORS 166.173.
Open carry is not allowed everywhere. Where possession of firearms is unlawful, open carry is unlawful, such as on school property. Private property owners and business can also prohibit possession of firearms; for example, bars, malls and movie theaters often post notice of the prohibition.
The law applies differently to Concealed Handgun License holders
CHL holders are not bound by city ordinances that restrict possession or carry of firearms under ORS 166.173. CHL holders may carry firearms openly or concealed throughout the state. They may also carry openly at locations where open carry is not allowed, such as public schools. (Keep in mind that schools are closed campuses, so even a CHL holder needs to follow school protocols for visitors.) CHL holders are restricted from carrying at posted private businesses and they are restricted from carrying in some public buildings - federal buildings and courts are examples.
Last month, there were several instances where a man was openly and legally carrying a gun near schools. Parents wanted to know what police would do to ensure school safety when 911 is called. The bottom line is that deputies will respond and try to learn the subject's intentions - such incidents are understandably alarming. Deputies are empowered, even if a person is carrying a weapon legally, to provide a visible presence on school property any time there is a level of concern for the safety of students, staff or the public.
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DEPUTY THERESA FICHTER
I dreamt of being in law enforcement since I was a child. I always wanted to help people and becoming a deputy was a great choice!
I am Deputy Theresa Fichter, and I am a member of the Sheriff's Mental Health Response Team in patrol. I specialize in responding to the great number of calls involving people in mental health crisis. Usually I have a mental health clinician ride with me on patrol. The clinician brings a whole set of resources and expertise, that are traditionally not accessible to law enforcement, right to the person in crisis.
The combined response of a deputy and a clinician helps us resolve calls more quickly than a police response alone, and whenever possible, we leave the person in crisis and their families headed in the right direction (without anyone going to jail). This collaboration also helps ensure patrol de puties and jail beds are available when they are needed most.
I like working my Mental Health Response Team assignment because it allows me to help people, not only the mentally ill, but also their family or friends. I also like the combination of law enforcement and mental health as a well-rounded approach to community safety and problem solving.
Photo: Deputy Fichter and Clinician Vivanne Detorres |
GRAND JURY RETURNS INDICTMENT ON ALOHA RAPE CASE
The Important Role of Jurors

On August 29, an adult male pulled up next to a 15-year-old girl at a MAX station in Aloha and ordered her into his car at gunpoint. He then drove her to his apartment in Rock Creek, where he sexually assaulted her. At one point, he held a gun to her head.
Detectives quickly identified the suspect as a man who is on parole for Aggravated Murder in Yamhill County. Working with the Sheriff's Criminal Apprehension Team, they arrested the suspect on September 17. He had a loaded .45 caliber handgun tucked into his waistband at the time of arrest. The case was presented to a grand jury.
A grand jury is a group of seven citizens selected from the normal jury duty pool to hear evidence and witness testimony on crimes committed in Washington County. The suspect and defense attorney are not present. Based on the evidence, grand jurors then decide whether to issue an indictment (file criminal charges) against the defendant. Grand jurors do not decide guilt or innocence - that happens in later court proceedings.
In this case, the grand jury returned an indictment on September 25, 2013, against David Torres, age 36. He is charged with 8 counts of criminal conduct including Rape III, Sodomy III, Sexual Abuse III, Felon in Possession of a Firearm, Coercion with a Firearm, and Obliteration or Change of Identification Number on Firearms.
Grand juries and courtroom jurors perform critical roles in our justice system as impartial reviewers of criminal cases like this one. Please answer when called to serve.
This case may also involve charges in federal court. The U.S. Attorney's Office is considering whether to charge the suspect with federal firearms charges because the serial number had been filed off the handgun seized by detectives.
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GOT HORSE, TACK AND TIME?
Consider Joining the Sheriff's Posse
If you are civic minded, enjoy public contact, and find satisfaction helping those in need, you might be a great volunteer. If you have a horse and like to ride, you might make a great member of the Sheriff's Posse!
Posse members enjoy the western horse, riding in local parades, and being ambassadors for the Sheriff's Office at public events.
So if you are a U.S. citizen, at least 21 years old, own a horse and tack, have a trailer for transportation of horse and gear, and you can pass a background check, we want to hear from you. Apply online by October 31, 2013.
Please share this volunteer opportunity with the horse people in your life!
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MEET DEPUTY DAMIEN FLORES
I am Jail Deputy Damien Flores. I graduated from Western Oregon University where I earned a Bachelors Degree in Corrections and Criminal Justice. I also played collegiate baseball for 4 years.
When I applied at the Sheriff's Office, I had worked 11 years in the juvenile parole and probation field. I had experience working on crisis teams that served gang-affected and chemically dependent youth, and sexually exploited and trafficked victims. I frequently helped people from disadvantaged circumstances succeed.
As I interacted with deputies, I was drawn to the Sheriff's Office by its CORE VALUES; the same values are part of my everyday living. I began volunteering as a Reserve Deputy and was hired a short time later as a jail deputy. All of my past work experience easily transferred to the job of managing inmates.
My career as a jail deputy started at the age of 34. So even if you love your current profession, I encourage you to look at what the Sheriff's Office has to offer. Bring your skills as a teacher, coach, therapist, counselor, or skills trainer, and we will teach you to use them as a deputy in a very supportive team environment.
The Washington County Sheriff's Office is the best agency to work for! |
HONORABLE SERVICE
Chief Deputy Marie Tyler retired on September 30, after 26 years of service. Her career began in the late 1980s as a jail deputy, a time when "jailing" was quite different than it is today. Back then, fights with inmates were common and inmates were locked in individual cells.
When the current county jail was built in the 1990s, Marie was an integral part of the transition of operations to the new facility and to direct supervision, where inmates are allowed to move about in large housing units under the supervision of a single deputy.
We appreciate Chief Deputy Tyler's years of service, and we will miss her tremendous institutional knowledge.
Rising through the ranks from Deputy in the Jail through Jail Commander, by the Oregonian
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FROM THE "DEPARTMENT OF CORRECTIONS"
Wheelchair Only Parking
Last month, we added a photo of a sign to draw attention to our Disabled Parking article on wheelchair-only parking. Unfortunately, the photo conflicted with the text and here is clarification.
Here is a clear example of a "wheelchair user only" sign. You must have a specific wheelchair placard to use these spaces.
If a disabled parking space is only marked "van accessible" (no wheelchair designation), then it may be used by anyone with any valid type of a disabled parking placard.
Thank you for reserving these spaces for those who truly need them. |
COMMUNITY NEWS
Raleigh Hills Skateboarder Damages a Vehicle and Leaves
On September 24, a motorist had a close encounter with two pedestrians as he was leaving the Raleigh Hills Fred Meyer parking lot. One reacted by striking his SUV twice on the hood with a skateboard and then dealt one more blow to crack the windshield. The two skateboarders walked off, crossing Beaverton Hillsdale and then possibly north on Laurelw ood. They were dressed in dirty clothing, one in a red hoodie and the other dressed in black. If you have any information please contact non-emergency dispatch at (503) 690-0111.
Bandit Burgles Beer and Bacon from Bales in Aloha
On September 29, Bales Thriftway reported they had a shoplifter in custody. The man tried to abscond with beer and bacon. When asked, the suspect said he didn't expect to get caught. He frequently shoplifts, bragging about one time stealing two bottles of Veuve Cicquot champagne, valued at about $60 each. That's one way to get champagne on a beer budget - he was arrested for Theft III.
Garbage (Briefly) Dumped in Sherwood
On September 29, a citizen reported a large load of garbage dumped on his property, including a partial pool cover. Using a paper found in the trash, deputies tracked a possible suspect. The man explained he had paid his son to haul a load of garbage to the Newberg dump the day before. Clearly it didn't get there. When the deputy contacted junior, he said his angry dad already called and he was going to immediately clean it up. The property owner was understanding and did not press charges.
One Call Solves Another - Near Rock Creek
On September 30 around noon, a citizen reported juveniles spray painting a gang sign on the roadway near NW 180th Place and NW Deerfield Drive. Evidence included a vehicle photo and a description of the occupants, but no identifying information.
About an hour later, the deputy overheard a DUII stop of the same vehicle type and learned a spray paint can was inside. The descriptions of the occupants matched, along with the paint color. The driver was charged with Criminal Mischief II. (There was a little instant justice served - several of the juveniles had been drinking alcohol and were vomiting in the vehicle. Somebody will have to clean that up.)
One Call Solves Another Take Two - Beaverton
A business owner on Baseline Road in Beaverton reported that a woman broke a window at his business and he had it on video. The deputy recognized the woman in the video from a call just about 15 minutes earlier where she was breaking things. She admitted to pushing a dumpster into the window even though she had nothing against the business owner. It was random. She was charged with Criminal Mischief.
Condition of Probation: Don't Drink
Especially don't drink, call 911, slur your words, and repeat several times. Deputies responded to check on the welfare of the caller. They charged him with Improper Use of 911. Then they spoke to his probation officer and arrested him on her detainer.
Preliminary Information Regarding the Homicide in Cedar Mill On October 5, 2013, at 8:21 a.m., deputies received a call from a concerned citizen to check on the welfare of Jacqueline Bell, 71, residing at 10225 NW Lee Street in the community of Cedar Mill. Sheriff's deputies observed suspicious circumstances when they entered Ms. Bell's residence. They found her deceased from what appeared to be homicidal violence. Deputies secured the scene and the Washington County Major Crimes Team responded to assist with the investigation. The Washington County Forensics Science Unit responded assisted by Oregon State Police Forensics to gather evidence and process the scene. Investigators believe the subjects responsible were known to Ms. Bell. Multiple people are in custody who detectives believe have knowledge about or involvement in the homicide. No additional information is available at this time.
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DUMB CROOK
Look What My Neighbor's Doing!
Our dumb crook calls to report that a neighbor is burning during the recent burn ban. The fire department responds and then asks for police presence. While talking with the person who had the fire, the deputy glances toward the home of the person who reported the fire . . . and sees a huge marijuana plant in plain sight. It wasn't a medical marijuana situation, so all the plants found were seized as evidence.
You could say the person who reported the illegal fire got burned.
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This Month's "Most Wanted"
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Do not approach these individuals. If you see them or have information, call the Sheriff's Office Records Unit at (503) 846-2700, or non-emergency dispatch at (503) 629-0111.
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Copyright © 2013. All Rights Reserved.
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