Biedscheid expected to plead guilty
Published 5:00 am Friday, May 24, 2013
A man accused in a fatal hit-and-run more than two years ago has agreed to plead guilty to one of the two charges pending against him rather than go to trial.
Bret Biedscheid, 40, was accused of criminally negligent homicide and failure to perform the duties of a driver in connection with the hit-and-run death of Anthony “Tony” Martin in January 2011.
Martin was 48 when he was struck by a pickup while pushing his bicycle across Third Street north of Revere Avenue. The driver of the truck did not stop, and Martin died at the scene.
A few days later, Portland defense attorney Stephen Houze contacted Bend Police to report that the truck belonged to Biedscheid. The truck was turned over to police, and officers seized computers and electronic and paper records in a search of Biedscheid’s home.
Biedscheid, the director of accounting for Les Schwab Tire Centers, was booked into the Deschutes County jail for a few hours in April 2011, and has been free on $250,000 bail since.
On Wednesday, documents were filed in Deschutes County Circuit Court indicating Biedscheid will be changing his plea June 11, the day his trial was set to begin.
In an email Thursday, Houze said the District Attorney’s Office has agreed to drop the criminally negligent homicide charge in exchange for a guilty plea on the failure to perform the duties of a driver charge.
Houze said he expects his client to be sentenced at his June 11 court appearance.
Deputy District Attorney Kari Hathorn said her office will recommend a 16-month prison term for Biedscheid, although the judge will have the final say. Criminally negligent homicide and failure to perform the duties occupy the same position on the state’s sentencing guideline grid, she said, with a suggested sentence of 16-18 months.
Hathorn said that until the case comes to an end, the DA’s Office will not be commenting on the reasons for avoiding a trial.
A civil suit filed in connection with Martin’s death is also moving toward an end.
Attorney Tom D’Amore brought the suit against Biedscheid in September 2011, seeking $505,000 and an unspecified amount in noneconomic damages on behalf of Martin’s sister, Teresa Gibbs, of Madras, and his three daughters. The civil complaint detailed Martin’s extensive injuries, including skull fractures, broken bones in his right forearm and lower right leg, transection of the spinal cord and pulpification of the liver, and it alleged that Biedscheid had been drinking at the Black Horse Saloon in northeast Bend prior to the crash.
D’Amore said Martin’s family wanted to see Biedscheid go to trial, and was disappointed to learn the DA’s Office had agreed to drop the criminally negligent homicide charge. He said Gibbs is likely to make a public statement about the case at Biedscheid’s sentencing hearing or in the days leading up to the hearing.
“One of the things I said to (Biedscheid’s civil attorney) is, we don’t want confidentiality,” D’Amore said. “We want to be able to talk about it afterward — we don’t have any kind of gag order or anything.”
D’Amore said he was not prepared to disclose the dollar value of the proposed settlement.