Twelve criminal cases referred back to Central Oregon courts after ruling over split juries

Published 4:30 pm Friday, June 16, 2023

In one case, a former pastor was convicted of abusing a 13-year-old girl who belonged to his church, prompting the judge to say during a sentencing hearing that he was ”nothing more than a smooth-talking predator,” according to reports.

In another, a man was convicted of manslaughter in a rollover crash that killed two people, but his defense said he hadn’t been driving the car.

In each case, the verdict was not unanimous, but that was still enough to send someone to prison under Oregon law. Now, those cases might have to be retried in Deschutes and Crook counties because of an Oregon Supreme Court ruling that allows new trials for people convicted by such juries.

Legal officials say the change could lead to cases or specific charges being dropped. It’s unclear how many will result in new trials, but some have already been rescheduled.

Since Dec. 30, 12 of these cases have been referred back to Central Oregon courts. Nine involve defendants convicted of sex offenses, according to regional district attorneys. Two cases involved manslaughter charges. One involved drug crimes. (Jefferson County District Attorney Steve Leriche said he was not yet aware of any cases being referred back to his office because of the high court’s ruling.)

Deschutes County District Attorney Steve Gunnels said his office is aware of four additional cases that may return to the circuit court, but added that no final order has been issued by the state. He said these cases involve sexual abuse and domestic violence.

“It is possible that none of those will get returned to us, but they may,” Gunnels said.

The latest ruling in Oregon follows a 2020 U.S. Supreme Court ruling that outlawed these split-jury verdicts, saying they violate a defendant’s Sixth Amendment rights under the U.S. Constitution. That amendment guarantees the rights of criminal defendants, including the right to an impartial jury and a trial that is speedy and public.

Prosecutors say retrying cases risks retraumatizing crime victims who previously thought their cases were resolved and that their perpetrators would remain behind bars.

“Asking them to relive what was a traumatic experience is a damaging thing and a dangerous thing to ask somebody to do for their emotional health,” Gunnels said.

Defense attorneys, however, say that it’s critical that these cases be retried. They emphasize that a split-jury verdict is a clear indicator that a defendant’s guilt is in question and could result in people going to prison for crimes they didn’t commit.

“If there’s a legitimate question in the jury’s mind, then that shows that the state didn’t prove their case beyond a reasonable doubt,” said Lisa Calyn Valenta, a Bend-based defense attorney. “We have a high burden because it’s a high consequence,” she added.

Defendants in the sex crime cases were convicted of abusing women of all ages, according to court records and news reports. One man was convicted of kidnapping and other sex offenses after a 19-year-old girl accused him of sexually assaulting her twice while keeping her in his car and threatening her with a fake gun.

Their victims include a daughter, a wife, step granddaughters and more, according to court records and news reports. One woman was described in court filings as being unable to consent to sex because she was “mentally incapacitated and physically helpless” after taking drugs at a party. Another told authorities that her husband raped her and broke her arm as their child watched nearby, screaming and crying, according to a probable cause affidavit filed in court.

“The hardest thing about retrying sex offenses is the impact on the victim,” said Leriche. “Victims always want finality. They want to move on with their lives.”

In practically every case, the facts are disputed. One example is the case of Aaron Choat, who was convicted of second-degree manslaughter and drunken driving after a rollover crash in 2006 that killed two women east of Bend.

During a three-week trial, Choat’s lawyers argued that he hadn’t been driving the Jeep Grand Cherokee when it slid off the road, throwing the occupants from the vehicle. They said that it was driven by 17-year-old Rachel Grant, who died in the crash. Prosecutors and a surviving passenger said Choat was the driver, but the passenger testified that he’d likely had about 15 beers before the crash and couldn’t recall many details about that night, according to news reports.

Choat was sentenced in 2009. His new trial is scheduled for February. His lawyer, Raun Atkinson, declined an interview request.

Prosecutors and defense attorneys said there will undoubtedly be challenges in retrying these cases, many of which occurred years or decades ago.

Key witnesses, who could be used to convict or exonerate defendants, may have foggy memories. Some might be dead. Others could have moved away or may decline to participate in another trial. Evidence or relevant documents might have been destroyed or lost.

Gunnels said his office will weigh whether it has sufficient evidence before retrying a case. Prosecutors could dismiss counts in a conviction that was not unanimous and keep the counts that were, he said.

But if the jury was split on each count, and prosecutors lack the evidence to retry a case, Gunnels said his office would have to dismiss it.

“That would be our only option,” he said, adding: “We will do everything to avoid that.”

For 86 years, Oregon was one of two states nationwide — alongside Louisiana — to allow convictions by juries where the verdicts were not unanimous. Defense attorneys argued that Oregon was slow to change its laws, resulting in unjust convictions and the challenges currently facing the court.

“It’s a problem that the state created,” said Thad Betz, a Bend-based defense attorney. He added, “They could have fixed this problem a long, long time ago.”

A recent Oregon Supreme Court ruling now allows new trials for people convicted by juries whose verdicts were legal, but not unanimous. Twelve cases may be retried in Deschutes and Crook counties. 

• Jeremy Shane Hall, convicted of five counts of first-degree sexual abuse and one count of unlawful sexual penetration.
• Nicholas Waldbillig, convicted of one count of second-degree kidnapping, two counts of first-degree sodomy and two counts of first-degree sexual abuse.
• Aaron Choat, convicted of two counts of second-degree manslaughter, one count of recklessly endangering another person, one count of fourth-degree assault, one count of reckless driving, one count of driving under the influence of intoxicants.
• Christopher Nichols, convicted of two counts of attempting to commit a Class B felony.
• Kelly Preuitt, convicted of two counts of third-degree sexual abuse.
• Alejandro Hernandez, convicted of one count of first-degree unlawful sexual penetration, one count of first-degree sexual abuse and one count of third-degree assault.
• Justin Bittick, convicted of two counts of second-degree manslaughter and two counts of criminally negligent homicide.
• Shawn Lachat, convicted of one count of first-degree unlawful sexual penetration, one count of attempting to commit a Class A felony and two counts of fourth-degree assault.
• Myron Newell, convicted of two counts of first-degree sexual abuse and one count of attempting to commit a Class B felony.
• Timothy Gassner, convicted of seven counts of first-degree rape, five counts of first-degree sodomy, and one count of first-degree unlawful sexual penetration.
• Alex Stewart, convicted of one count of second-degree sexual abuse.
• Arin Anderson, convicted of one count of the unlawful possession of heroin and one count of the unlawful possession of methamphetamine.