Judge calls shooting case ‘a tragedy’

Published 5:00 am Saturday, April 12, 2008

Michael James Klass was diagnosed with paranoid schizophrenia as a teen.

A mentally ill Bend man was given seven years and six months in prison for attempted murder Friday in a case the sentencing judge called “a tragedy.”

Michael James Klass, 28, was convicted Wednesday of trying to kill a woman he didn’t know by firing a shotgun at her twice. At his trial, Klass’ lawyer unsuccessfully argued that he was criminally insane at the time of the shooting.

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Testimony showed that Klass was diagnosed with paranoid schizophrenia when he was a teen and had been off his medications for some time before he shot at the woman Sept. 1.

His Bend lawyer, Karla Nash, told the jury that Klass had been in a downward spiral for weeks before the incident. During that time, he had destroyed the inside of the trailer he lived in. He told his mother and sister he was under attack by sorcerers and was worried about extraterrestrials.

His mother and sister had tried to get him help and encouraged him to take his medications, but were unsuccessful, Nash said.

Deschutes County Deputy District Attorney Beth Bagley prosecuted the case and said at a sentencing hearing Friday that the jury was right to convict Klass, but the outcome wasn’t a happy one.

“The guilty verdict of this jury is not really a victory for anyone,” Bagley said. “It’s a sad day. But the jury can’t unwind the clock.”

A jury found Klass guilty of two counts each of attempted murder, attempted first-degree assault, unlawful use of a weapon, reckless endangerment, menacing and one count of criminal mischief.

Evidence showed that Klass was walking to a Bend Safeway with plans to kill a number of people Sept. 1 when the victim of the shooting drove by. He aimed the shotgun toward the door of her pickup and fired twice.

Nash and Bagley agreed at trial that it was a miracle the woman was unhurt.

“It’s a sorry situation,” Nash said Friday. “It’s a very unfortunate situation for the victim as well as Mr. Klass and his family.”

In handing down the sentence, Judge Michael Sullivan said he was “struck” by the fact that the case could have been a multiple homicide.

“But for the fact that (the victim) was in the wrong place at the wrong time and interrupted your conduct, this could have been a vastly different outcome,” Sullivan said.

He questioned whether the incident would have happened if Klass had been taking his medications.

“Society has been dealing with this problem for decades,” Sullivan said. “How do we get mentally ill people to take their medications so they can function in our society yet protect their individual rights?”

Sullivan also noted that, because attempted murder carries a mandatory minimum sentence in Oregon, his hands were tied in deciding how to handle the case.

Sullivan said he agreed with the jury’s decision but said it was still a difficult sentence to impose.

“There are no easy answers here,” Sullivan said. “I believe that the jury applied the law correctly. Although you are mentally ill, I don’t believe that you are entitled to the insanity defense.”

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