Murder defendant strikes deal, may testify

Published 5:00 am Thursday, October 3, 2002

One of three Redmond men charged with the murder of a 22-year-old outside a Redmond bar in January has agreed to testify in the trial of the other two. The trial is scheduled to begin today.

In a deal struck last Friday with the Deschutes County District Attorney’s Office, Ronald Edwin Gonzalez, 35, agreed to testify if asked. He also gave an ”Alford plea” to two counts of second-degree assault and one count of second-degree manslaughter. Gonzalez avoided risking a murder conviction and a mandatory 25 years in prison by taking the deal, said his attorney Brendan Alexander.

In an Alford plea, the defendant does not admit to the underlying facts in the charges against him, but he takes advantage of the plea bargain offered by the district attorney’s office. It is legally viewed as a conviction.

The other two men charged, Thomas Walter Chesney, 32, and Eric Brent Barbee, 22, remain charged with the murder of Nicholas Setzer, 22, who died from a knife wound to the neck during a brawl near closing time near Sweetwater’s Lounge in Redmond.

Christopher James Allmand-Abarca, 20, of Redmond, and Nicholas Chad Fischer, 21, of Bend, also received knife wounds to the face and head.

Gonzalez’s assault convictions are for injuries to Fischer and Allmand-Abarca. His manslaughter conviction is for the injury to Setzer.

In exchange for Gonzalez’s plea, Deputy District Attorney T.J. Spear said he dropped 13 felony charges against Gonzalez – including one count of murder.

Spear said he also agreed to recommend Gonzalez serve a shorter prison term if he is truthful in interviews about the Setzer slaying and fully cooperates with prosecutors if asked to testify.

Gonzalez faces a maximum of 18 years in prison if he is sentenced to consecutive prison terms for the manslaughter and assault charges.

But if Gonzalez is cooperative, Spear said he will recommend Gonzalez be sentenced concurrently, bringing a 6 year prison term.

”It was the most difficult decision I have ever had to advise somebody on,” Alexander said on Wednesday afternoon.

Alexander said the state had always contended that his client aided and abetted in the murder, but never said he killed Setzer.

”It was very difficult to know what a jury would decide if it came down to aiding and abetting,” Alexander said, noting the definition of aiding and abetting is ”very vague in Oregon law.”

Gonzalez is being held in the Deschutes County Jail until his sentencing, which will follow Barbee’s and Chesney’s trial.

On Jan. 5, police received the first report of the knifing in the parking lot behind Sweetwater’s Lounge, 535 SW Sixth St., at 1:47 a.m.

Redmond police Officer Bob Stratton arrived to find ”about 15 people” running toward his car, shouting and yelling. ”There was blood all over. You couldn’t tell who was a victim and who was a suspect,” he said at the time.

Setzer was taken to Central Oregon Community Hospital in Redmond where he was later pronounced dead from his wound.

Prosecutors and defense attorneys are expected make opening statements in the trial today. Barbee’s case is being heard by a jury and Chesney has elected to have Deschutes County Circuit Court Judge Michael Adler hear his case at the same time.

Spear said there are about 70 witnesses, but he did not expect to call them all during the trial.

Tom Peterson can be reached at 541-383-0304 or tpeterson@bendbulletin.com