County, DA clash on juvenile cases

Published 11:25 am Tuesday, April 11, 2017

The Deschutes County District Attorney’s Office and Deschutes County found themselves facing off in court this week, after the DA’s office asked a judge to force a meeting between the district attorney and the county’s juvenile justice department, which handles juvenile crimes.

John Hummel, Deschutes County district attorney, wants to discuss the case against Jaydon Reader, 16, who was charged with first-degree robbery as an adult after an alleged Dec. 15 armed robbery of a 7-Eleven. Hummel said the Deschutes County Juvenile Community Justice department has repeatedly refused to discuss the case with him, and that puts him in the position of prosecuting a crime without all available information, or pushing back.

The conflict between the two sides has roots in Measure 11, Oregon’s mandatory minimum sentencing law for violent crimes. Under the law, juveniles 15 and older are charged as adults if they commit a Measure 11 offense. Hummel said in those rare situations, the juvenile department has refused to work with his office.

“It potentially puts the community at risk because you are asking me and the defense attorney and the judge in the adult circuit court case to make a decision about this kid without full information,” Hummel said. “Just kinda throw a dart at a dart board and decide what you think is the best for this kid.”

Court documents do not detail Reader’s alleged role in the robbery, or say what sort of weapon was used. However, he has a lengthy history in the juvenile department, including violent crimes, thefts and use of drugs and alcohol.

The matter was brought before Deschutes County Circuit Judge Bethany Flint after a joint motion was filed by the DA’s office and Reader’s defense attorney, Lori Hellis. Flint decided to take time to better understand her authority on the matter before issuing a ruling.

“It seems somewhat ludicrous to me at this point, and I would say somewhat tragic, that we have a (16)-year-old that has been held now in custody for 103 days and the adults over his head cannot stop this power play that’s going on and do what needs to be done here,” Hellis said.

Added Hummel: “We are open to considering a resolution in juvenile court, but we just want to know all the options.”

For months Hummel’s office has been requesting to talk with the juvenile department to get more information on the case. Twice in February, Hummel requested a meeting with Ken Hales, director of the juvenile department, and a representative from the Oregon Youth Authority, the state agency that acts as an incarceration authority for juveniles. Hummel wants to discuss the case against Reader and whether it would be best to prosecute him as an adult or a juvenile. Before the juvenile department can give input, it would need to do an assessment of Reader.

In court Tuesday, Deschutes County Assistant Legal Counsel John Laherty argued on behalf of the juvenile department, saying it goes against the department’s policy to meddle in criminal cases. In a response to the joint motion, Laherty argued it not only goes against office policy, but also uses resources allocated to deal with juvenile crimes. Since Reader is charged in adult court, it is technically out of the juvenile department’s jurisdiction.

Hummel said the cases are rare, about once per year, and wouldn’t put a strain on the department’s resources.

Each time Hummel has reached out, he has been rebuffed. On Feb. 23, Hummel appealed to Tom Anderson, Deschutes County administrator, asking him to intervene. When Anderson declined, Hummel’s office filed the motion.

“Unfortunately Ken has refused, stating that since this minor is facing a charge in adult court it is not his responsibility,” Hummel said. “This is a baffling response, but I won’t be deterred — I will continue to seek the juvenile department’s input.”

Hales did not respond to requests for an interview.

Flint, after hearing arguments from both sides, also found the issue perplexing, saying she wasn’t sure if she had the authority to tell the juvenile department “to do their jobs.”

Flint is going to issue her ruling at a later date. In the meantime, Reader remains in custody while the various parties battle.

Hummel said the end result could be a 100-day sentence, or something similar. However, then Reader would likely get credit for time served and released.

“If we had decided quickly, he would be somewhere where he is doing 100 days and getting treatment,” Hummel said. “So it’s a wasted time.”

— Reporter: 541-383-0376, awieber@bendbulletin.com