Jan. 24, 2010 - Medical pot a growing presence

By Damian Mann
Mail Tribune

Next to the federal courthouse in downtown Medford, medical marijuana patients pass in and out of a nondescript building where cannabis is smoked, grown and exchanged between patients.

In the lobby, something that looks like driftwood sits on a desk. It's the stump from a massive marijuana plant that produced 16 pounds of dried bud in a growing climate that many growers say rivals Northern California.

It's no accident that Southern Oregon NORML moved into these offices, where its volunteers have windows that overlook the courthouse parking lot used by judges and sheriff's deputies unloading prisoners for trials.

"The fact that the federal courthouse was here is the icing on the cake," said Mel Barniskis, information manager.

SO NORML is one of eight businesses that have sprung up in the Rogue Valley in the past two years to help patients with the complicated process of getting a medical marijuana card and connecting with a grower who can provide the medication allowed under the Oregon Medical Marijuana Act of 1998. In 2006, Senate Bill 1085 increased the number of plants and quantity of dried marijuana a patient could possess to six mature plants, 18 immature seedlings and 24 ounces of usable cannabis.

Cannabis advocates hope setting up SO NORML's operation next to a courthouse sends a message that the medical benefits of marijuana are more widely embraced, laws are relaxing and the stereotype of "Reefer Madness" is fading away.

Jackson County has the third-highest number of medical marijuana cardholders of the 36 counties in the state at 2,931, according to the latest figures from the Oregon Medical Marijuana Program. Both Jackson and Josephine counties have the highest number of cardholders per capita in the state.

Barniskis said SO NORML, where the smell of marijuana is sometimes evident upon entering the lobby, makes every effort to follow the law and get along with its neighbor, the federal government, which still classifies marijuana in the same category as heroin. The federal government in October agreed not to arrest patients who comply with state laws allowing medical marijuana.

"We have to be operating within the law or we're the biggest idiots in the world," Barniskis said. "We're not the biggest idiots in the world."

Marijuana-related establishments such as SO NORML are part of a growing cottage industry allowed under Oregon's medical marijuana law. But both advocates and opponents of medical marijuana want to change the law, which many think is vague and lacks adequate oversight.

Marijuana proponents' goals range from fully legalizing the drug to classifying it as a prescription medication available at drugstores.

Opponents, particularly law enforcement, want more restrictions and regulation, saying current laws open the door to more cannabis production, which they fear will lead more people into a world of drugs.

Medford Deputy Police Chief Tim George said lax marijuana laws have led to a boost in pot seizures.

His drug unit confiscated 5 pounds of dried marijuana in 2008 and 108 pounds in 2009. "We expect our numbers to be off the charts in 2010," he said.

George criticized current laws that allow a cardholder to possess up to 24 plants and 24 ounces of processed marijuana, the most of the 14 states that have medical marijuana laws.

Medford Police Chief Randy Schoen said marijuana clinics such as SO NORML generate very few complaints, but if problems arise he will consult with the Jackson County District Attorney's Office to help determine whether they are operating within the law.

He said he would wait until a specific case arises before commenting on the legality of these operations. "We have our opinions whether it is legal or not," said Schoen.

In addition to SO NORML and three others in Medford, medical marijuana clinics have opened in Ashland, Rogue River and Grants Pass. Not all have been without incident.

Brenda Thomas, manager of the Hemp and Cannabis Foundation in Grants Pass, was arrested in November after law enforcement agents alleged she and others had 200 pounds of marijuana.

SO NORML's offices are just a few blocks from the Medford police station, and Barniskis said she and the rest of the staff welcome the police and anyone else who wants to take a look at their operation.

Far in the back of the building, SO NORML has a smoking lounge for people with medical marijuana cards, who can exchange marijuana to find out which strain provides the best treatment for a variety of medical problems. This is one of the few areas that are off-limits to the general public.

She said the operation is self-policing, booting out any member who tries to sell marijuana or does anything that conflicts with the law. About 350 members pay a $100 annual fee, or $35 if they are considered low-income. Some 250 growers are part of the organization, many of whom also have medical marijuana cards.

Sometimes problems do arise, she said. A grower might tell a patient that the plants got ripped off, only to turn around and sell the marijuana for top dollar on the black market.

"You're always going to have somebody abusing the system," Barniskis said. "We as an organization are attempting to weed that out as much as possible."

Local police agencies have been cracking down on medical marijuana growers who exceed the limit allowed by law. On Monday, a marijuana grow site was raided in Gold Hill for allegedly containing 80 pounds of processed marijuana, far more than the legal limit of 12 pounds for the site, which had two registered growers. Police arrested Tommie Dean McIntosh, 37, on manufacturing, possession and distribution of marijuana, as well as being a felon in possession of a handgun.

Medical marijuana users face other dangers, as well. On Friday night, the Josephine County Sheriff's Department reported that two armed men staged a home invasion robbery at the home of a Cave Junction man, stealing his medical marijuana and leaving the man with a fractured skull and two broken fingers.

Barniskis said law enforcement needs to better understand how pot is smoked, ingested and grown before concluding that the six mature plants and 18 immature plants allowed per patient are too much. Indoor operations produce only a few ounces per plant, while outdoor grow sites can develop several pounds of marijuana from a single plant. Outdoor cannabis sites are subject to thievery, bug infestations and mold that can kill a crop, she said.

A marijuana cardholder herself, Barniskis said some patients get better relief from ailments by taking tinctures or eating marijuana, rather than smoking it. But eating marijuana requires more plant material to get the full medicinal benefit, she said.

Barniskis ingests about an ounce of marijuana a week to treat neuropathy, which has caused extreme pain, swelling and bruising in her feet. A former 9-1-1 dispatcher in Alaska, Barniskis said she's tried traditional pain medications to no avail.

Ingesting marijuana is more preferable for Barniskis than smoking because it doesn't produce the buzzy head high.

Patients often try different strains of marijuana to treat different ailments. Barniskis likened choosing the right strain of marijuana to finding the right medication for a headache. And discovering the most effective dosage is like adjusting to high-blood-pressure medication, she said.

Getting a medical marijuana card isn't always a certainty, Barniskis said. SO NORML asks potential patients to look over the list of approved health problems that can be treated with medical marijuana. If they don't have a malady that fits, they are told they won't qualify.

"You can't get a casual pot card in Oregon," she said.

If a potential patient does appear to qualify, he is told to go back to his regular doctor. If the regular doctor won't sign the recommendation for the card, there are up to 24 local doctors who will review medical history before signing the form for a fee. One Medford clinic charges $175 for a consultation.

Rita Sullivan, director of the treatment recovery program OnTrack Inc., said the biggest problem she has with Oregon's medical marijuana laws is monitoring.

The marijuana laws also make the drug more available locally, she said.

Sullivan said prescription drugs have been a problem for those with addictive behavior, but recent Oregon laws now mean these medications are more closely monitored.

She said marijuana appears to be effective in certain medical situations. The list of medical problems that can be treated with marijuana seems acceptable, but "severe pain" is the most common complaint and can be the most subjective, she said.

In some instances, OnTrack clients have tried to use medical marijuana after getting a state-issued card.

Sullivan said that in general her organization doesn't allow it because these clients have shown a propensity for using other drugs.

"We don't want to play Russian roulette with the people who do use drugs," she said.

On occasion, OnTrack has allowed clients who have advanced AIDS to use marijuana if they are very ill, but it is a very uncomfortable decision for her organization. "It puts these people in a tough spot," she said.

Mark Huddleston, Jackson County district attorney, said he hasn't received any criminal cases so far involving clinics or businesses related to medical marijuana in this county.

He believes most people involved in Oregon's marijuana program are following the law, though he thinks the way it is written invites abuse and doesn't have enough monitoring.

"Enforcement is difficult under the medical marijuana act," he said.

Reach reporter Damian Mann at 541-776-4476, or e-mail dmann@mailtribune.com.

Dec. 28, 2009 - New law expected to curb metal theft

Michael Melton, general manager of White City Metals and Supply, stands next to bins of scrap wire. A new law requiring a state certificate to haul scrap metal will take effect Jan 1. Mail Tribune / Jim Craven

By Damian Mann
Mail Tribune

If you're going to haul away scrap metal from your yard, be prepared to get a state certificate Jan. 1 or you will be breaking the law.

Senate Bill 570 requires everyone transporting metal to get the certificate or risk a fine of up to $1,250 or a maximum 30 days in jail.

"What I'm encouraging people to do is to have the certificate — you can print it off the Internet, said OSP Sgt. Stephanie Ingraham. "Save yourself some trouble — just have it."

The certificate will require identifying where the metal was obtained, which doesn't sit well with people who routinely go to scrap yards.

"It seems like a big hassle," said Cory Corbett, a 23-year-old White City resident who works for a refrigeration company.

He brought a load of old refrigeration equipment, motors and condensers that he figured would fetch about $200 or $300 to Schnitzer Steel in White City.

Corbett said it would be difficult to figure out where everything came from, saying the motors were salvaged from 60 different stores.

Bobby Maley, a 31-year-old White City resident, said, "It's going to me a mess."

Maley goes around neighborhoods, knocking on doors, looking for scrap wherever he can find it. Maley said he will have to keep a log of where he gets the metal before he fills out the certificate.

If a person is stopped by law enforcement and doesn't havethe certificate, it would benecessary to prove ownership of the metal as a defense against any possible penalties.

The new law is designed to help law enforcement better track shipments of metal to crack down on the growing problem of metal theft.

Scrap metal yards will be required to inspect the metal transportation certificate and report any suspicious behavior.

Any attempts to alter metal so that its original ownership cannot be detected also is against the law.

Michael Melton, general manager of White City Metals and Supply, said the new law is an expansion of another law that took effect last Jan. 1 and requires his company to take a picture of the scrap sellers, their vehicles and the materials they bring in. In addition, a copy is made of the driver's license.

Many people burn off the insulation surrounding copper wire, but Melton no longer can accept it even though it is worth more money by the pound as bare wire.

Previously, he paid cash for many small transactions, but the state will be requiring a check. The check, however, will have to be held for three days before the seller can receive it.

Some sellers would bring in as little as 63 cents worth of metal, but Melton said he will have to institute a $15 minimum because of the extra paperwork for the checks.

He said the new procedures will be a hassle mostly for the sellers, but not for his company, which already has instituted about 90 percent of the new regulations.

"The big thing is getting people trained because it has been a free-for-all for so long," he said.

Melton said he has seen his fair share of suspicious activity over the years.

A woman was bringing in enough telephone cable each night to pocket $300 to $400. This went on for about four months in 2008 and 2009 before someone saw the woman with a telephone company logo on her shirt. An investigation ensued and the woman was arrested, he said.

One of Melton's employees was arrested in 2007 for stealing wire and hiding it in a lunch pail, then selling it later at Schnitzer Steel.

High prices for metal encourage thievery. Bare copper has been selling for $2.54 a pound and aluminum brings about 40 cents or more a pound, depending on quality.

Even with the new law, Melton said criminals will find a way to make money illegally.

"People are relentless in their pursuit of finding something to steal," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

November 10, 2009 - Stepdad May Face Charges In Accidental Shooting

By Damian Mann

Mail Tribune

Medford police may file charges against a stepfather who allegedly left a loaded gun near a napping 4-year-old who accidentally shot himself in the foot Saturday.

"There are a variety of criminal charges that could come into play in this case," said Medford police Lt. Tim Doney.

The boy found a .40-caliber handgun on the headboard of his parents' bed, where he was taking a nap, Doney said. He was taken to Rogue Valley Medical Center, where he was treated for a gunshot wound to the left foot and ankle and released.

The stepfather, Christopher Burgdorf, 44, applied pressure to the wound until emergency crews arrived at the scene Saturday afternoon in the 2700 block of Merriman Road, Doney said.

"It could have been far worse," he said.

The boy's mother, Renee Burgdorf, 44, was at the house at the time. The boy has a twin brother, police said.

Doney said there is a possibility that some kind of charge or charges could be brought in this case.

The Burgdorfs were married Aug. 8 and are both graduates of Eagle Point High School.

Doney said investigators are still piecing together what happened leading up to the discharge of the weapon and are interviewing family members. The weapon has been seized by investigators.

Accidents with children and guns aren't common in Medford, Doney said. "It's not that frequent where it turns into somebody getting shot," he said.

Doney said police recommend parents secure any weapon in a safe or with gun locks, which are available free from Medford police by calling 774-2268.

"We'd rather dole out free gun locks than respond to incidents like this," Doney said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

October 6, 2009 - Arrest Hit Heroin Network Hard

By Damian Mann

Mail Tribune

Medford police say a major blow has been dealt to the heroin trade locally after a multi-agency investigation led to the arrest of 22 suspected drug ringleaders Sunday morning in Jackson County.

"We cut off the head of the snake," said Medford Police Chief Randy Schoen.

Officers from the FBI, the U.S. Drug Enforcement Agency and other local and state agencies seized about 2 pounds of high-grade, smokable heroin from 2101 Whittle Ave., Medford. That amount could have a potential street value of $90,000. Officers also found lesser amounts of the drug at other locations.

Schoen said that the outcome of the two-year investigation likely will cut the amount of heroin available on the street by more than half.

One of the alleged main distributors of heroin locally, Ismael Anaya-Acevedo, 27, was arrested by the U.S. Marshals Service at the Whittle address on federal conspiracy charges.

U.S. marshals arrested another suspect, Eliot Aden Delavirgen, 33, on federal charges of conspiracy to distribute heroin. He also was charged with attempted assault, harassment, criminal mischief, endangerment and strangulation.

Both Anaya-Acevedo and Delavirgen are in federal custody without bail.

The pair appeared before U.S. Magistrate Judge Mark Clarke in Medford Monday. An indictment returned by a federal grand jury alleges they were part of a criminal conspiracy to possess and distribute heroin and seeks forfeiture of proceeds from heroin trafficking and the property involved.

Detention hearings have been set Wednesday for Anaya-Acevedo, aka "Chivo," and Oct. 13 for Delavirgen, aka "Alex."

In Jackson County, 14 search warrants were issued as part of the investigation, 11 in Medford alone. At three locations — Whittle Avenue, the 5200 block of Pioneer Road near Phoenix and the 4600 block of Antelope Road in White City — SWAT teams were used.

Other suspects taken into custody throughout the county are charged with a variety of crimes, including possession of heroin, methamphetamine and methadone as well as sex abuse, endangering minors, manufacturing and distributing heroin within 1,000 feet of a school and parole violations.

Neighbors thought they heard gunshots when SWAT teams conducted the raids at about 6 a.m. at Whittle and Pioneer, but Schoen said they used a device that produces a flash and a loud bang. He said no shots were fired during the raids and no one was injured.

Schoen said that from the street, the Whittle house at the corner of Roberts Road, decorated for Halloween, looked normal, but after entering he said a trained police officer would notice something was amiss.

"Your nose would have told you that you were in a drug house," he said.

Heroin, long considered an intravenous drug, has become more accepted because the improved quality allows users to smoke it rather than inject it. The drug is considered highly addictive in either form.

Over the past year, local law-enforcement officers have noticed an uptick in heroin usage, thought it hasn't surpassed the popularity of methamphetamine or marijuana.

Cases in which heroin was found during an arrest more than doubled this year in Medford, from 26 in all of 2008 to 55 through Sept. 30 of this year.

"We're seeing more and more people using heroin, particularly young people," said Rita Sullivan, director of OnTrack Inc., a drug rehabilitation center.

Many heroin users start out taking prescription painkillers such as oxycodone or OxyContin. When their prescriptions run out, they sometimes turn to heroin, Sullivan said.

Younger people also are trying these prescription drugs out of the home medicine cabinet, Sullivan said.

A new law passed by the Legislature this year will allow for greater monitoring of prescriptions even if a person goes to different drugstores as a way to curb the rise in addiction. The law will start in January 2010.

Laws restricting the purchases of pseudoephedrine, used for allergies, have helped curtail the supply of methamphetamine in Oregon. As a result, methamphetamine is more difficult to get, and some people with strong addictive behaviors will turn to the most readily available drug. "Drug users sometimes say, 'We might seek what we like, but we will use what we can get,' " Sullivan said.

At OnTrack, the goal is to get people free of taking all drugs because of this addictive behavior, she said.

Evidence that heroin is more popular has come from law-enforcement agencies, the increased caseload at the county methadone clinic and more clients who seek help at OnTrack for heroin addiction, she said.

Dr. Jim Shames, county medical officer, said the methadone clinic in Medford had 50 clients about 20 years ago. When the clinic was turned over to a private company two years ago, there were about 200 patients. Today, there are about 425 patients, said Shames.

"We have certainly seen an upsurge in heroin use," said Shames. "After this bust we will certainly see a diminution in heroin use."

Methadone patients seek treatment for addiction to opiates, whether the opiates are prescription drugs or heroin.

Mark Huddleston, Jackson County district attorney, said the arrests came after a long, arduous investigation coordinating local, state and federal agencies.

He said he is confident there is enough evidence to support the charges levied against the suspects.

He said he couldn't speak specifically about suspects who have been in and out of the local jail, but hoped the federal charges being levied against some of them would mean more prison time if they're convicted.

Schoen said many residents in Medford might be aware of suspicious behavior but don't alert authorities.

"People have to have some responsibility for their neighborhood," he said. "They should not be tolerating this type of behavior."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

22 Arrested In Suspected Heroin Ring

By Damian Mann
Mail Tribune

MEDFORD — SWAT teams led a force of 160 federal, state and local law-enforcement officers early Sunday to break up a massive heroin ring centered in Jackson County that resulted in the arrest of 22 suspects.

The FBI, the U.S. Drug Enforcement Administration, Medford police, the Jackson County Sheriff's Department and other agencies issued 14 search warrants — 11 in Medford alone — as the culmination of an investigation that began December 2007. A search warrant was issued in Gold Hill and two others were issued in rural areas.

Investigators allege the drug-trafficking ring has ties to other states as well as the surrounding region including Josephine, Douglas and Klamath counties. More arrests could be made later, according to Medford police.

U.S. Marshalls arrested two of the suspects, Ismael Anaya-Acevedo, 27, of the 2000 block of Whittle Avenue and Eliot Aden Dela-Virgen, 33, of the 4600 block of Antelope Road, White City, were charged with conspiracy to distribute heroin, a controlled substance and a federal crime. Anaya-Acevedo and Dela-Virgen are being held in Jackson County jail without bail.

Other suspects taken into custody throughout the county are charged with a variety of crimes such as possession of heroin, methamphetamines and methadone as well as sex abuse, endangering minors, manufacturing and distributing heroin within 1,000 feet of a school and parole violations.

Neighbors near Whittle Road heard what they described as the sound of two gunshots around 6 a.m. as the SWAT teams descended on a house that previously had aroused the suspicions of local residents.

"They woke me up," said one 76-year-old neighbor, Bud Elton. "I heard a boom, boom."

Elton, who wasn't sure if an officer had fired blanks, said he and other neighbors had noticed people coming and going at all hours of the night at the house where the arrests were made.

"Everybody in the neighborhood had some suspicions," he said. "It didn't seem like normal activity to me."

He heard a loudspeaker alert people in the house that Medford police officers were outside.

Because it was still dark, Elton couldn't make out what the officers were doing, but he did see some children escorted from the house.

"The sad part of the whole thing was the two little girls over there," he said.

Elton said he was not sure how many were arrested at the house.

According to the Medford police, the other suspects arrested throughout the county are Jessica Leeann Lapizco, 24, of Medford; Austin Hernandez, 23, of Medford; Demetrio Hernandez, 25, of Medford; James Nero, 58, address unavailable; Taffy Nero, 53, address unavailable; Jerret Michael Hooey, 21, Talent; Jesse Sorensen, 26, of Medford; Anthony Aaron Albert, 46, of Gold Hill; James Bryant Hurley, 47, of Gold Hill; William Sanders, 35, of Medford; Jodi Potteiger, 28, of Medford; Ronald Coutee, 54, of Medford; Heidi Marie Barosci, 52, of Medford; Ronald Nicholas Mistretta, 52, of Medford; Warren Alexander Rich, 25, of Medford; Erica Ann Lapizco, 31, Medford; Robert Allen Baldwin, 47, Medford; Garalee Janiece Frank, 29, of Medford; Christopher Sheehan, 38, of Medford; and Victor Antonio Solis, 22, address unavailable.

The arrests resulted from an investigation by the FBI and the Medford Area Drug and Gang Enforcement Team.

Law-enforcement agencies set up bases of operation at three locations, in the 2100 block of Whittle Avenue in Medford, the 4600 block of Antelope Road in White City and the 5200 block of Pioneer Road near Phoenix.

A neighbor on Pioneer Road, 59-year-old Diane Loyd, said she couldn't sleep and got up about 6 a.m. At first she thought she heard animal sounds, then realized it was a person's voice.

"All of a sudden I heard a bang and wondered — could it be a car that backfired," she said. "My instinct told me it was like a .22."

As she opened the front door, she heard what sounded like a police officer's megaphone and somebody saying, "Get down on the floor."

A few minutes later Loyd and her husband saw a big truck rolling down the road.

Loyd said she was not sure which property the noise was coming from.

Medford Police Lt. Tim Doney said he couldn't reveal any additional information about the case, which is being handled by the U.S. Attorney's Office and Jackson County District Attorney's Office. The amount of heroin recovered during the arrests was not disclosed.

Some of the suspects have been arrested previously in Jackson County.

Jerret Hooey was arrested in June 2008 on an indictment charging him with manufacture of cocaine, delivery of cocaine, possession of cocaine, possession of MDMA and a parole violation. In October 2007, Hooey appeared in Jackson County Circuit Court on an indictment charging him with manufacture, possession and delivery of cocaine, possession of ecstasy and failure to appear in court. He was booked into the Jackson County Jail and released Sunday on his own recognizance.

In February 2003, Heidi Barosci appeared in Circuit Court on an indictment charging her with possession of amphetamines.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

September 26, 2009 - Police on Alert for Attempts to Sell Pieces of Foreclosure

By Damian Mann

Mail Tribune

Mike Vaughan was surprised when an elderly couple was willing to pay $60 for some old kitchen cabinets from an east Medford home that is heading into foreclosure.

The couple had seen an ad the 30-year-old Vaughan posted on Craigslist Wednesday that offered to sell almost every fixture in the house on Cedar Links Circle — including the kitchen sink.

Vaughan, who said he didn't think anybody would really want the old cabinets, was even more surprised when two Medford police fraud investigators approached the couple as they were leaving Thursday. They informed the couple it was against the law to sell anything attached to the house.

"I didn't know that," said Vaughan. "They could tell I was really surprised."

Medford police say they have bumped into this problem a few times before, and they want people to know that it is illegal to strip a house threatened with foreclosure. No arrests have been made in other cases.

The two Medford fraud investigators, alerted to the ad by some observant citizens, decided not to press charges against Vaughan, who previously lived in the house, which was owned by his father-in-law.

"We were able to catch it in time so that no crime was committed," said Medford Detective Sgt. Mike Budreau.

Budreau said he suspects that stripping houses is likely more common than people think and is greatly under-reported to police.

After questioning Vaughan, the detectives determined he didn't realize he was doing anything illegal and he agreed to stop. He had been paid $60, but the couple planned to come back later after he removed the cabinets from the wall.

After a discussion with the detectives, Vaughan gave the money back and removed the Craigslist ad, which offered to sell sinks, a mirror, bedroom doors, a laundry door, cabinets, light fixtures, ceiling fans, stair rails, attic stairs and an old water heater.

He said he had done a lot of work on the house, which his father-in-law bought with the provision that Vaughan would make the monthly payments. He said the house wasn't in foreclosure yet, though he said it would be at the end of the month.

Michael Woods, Vaughan's father-in-law, purchased the house in February 2007 for $279,000, according to county records. The assessor's office estimates the real market value now at $248,530.

Budreau said banks and other lenders have been sending letters to police agencies advising that it is illegal to take items that are attached to a house during a foreclosure action. He said the key issue for law enforcement is whether there is an intent to defraud someone, but he said the issue could get into a gray area depending on the status of the loan.

"It does get tricky," he said, noting that many police agencies have relatively little experience dealing with foreclosures.

Detective Brenda Garich, one of two investigators who went to the house, said Vaughan was cooperative, but he had been eager to sell the fixtures.

"He was trying to get money any way he could, probably," she said.

Garich pointed out that a man from Damascus, near Portland, was convicted recently of aggravated theft and after stripping a house that was in foreclosure.

"Sometimes you can get a homeowner that is mad and thinks 'I'm going to be sticking it to the bank,' " she said.

At this point, Medford police would prefer to educate people about the law rather than put anyone in jail, Garich said.

"People are already in hard times," she said.

Vaughan has a wife and three children, and said he is struggling to support his family after losing his marketing job. They tried to refinance the house, but the loan got transferred from one lender to another, and Vaughan's work situation didn't improve.

"I'm in financial trouble, too, with everything going on," Vaughan said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

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September 7, 2009 - Standoff Ends Peacefully

By Damian Mann

Mail Tribune

A 47-year-old Alma Drive resident who allegedly threatened to harm himself and others voluntarily surrendered to Medford police Sunday night, ending a 24-hour marathon standoff with a small army of SWAT team officers and snipers.

The tense situation began at 5:30 p.m. Saturday during a reported domestic dispute between 47-year-old Bradley Leon Cathey and his wife, Sandra Cathey, 45. When police arrived, the wife left the residence with a 7-week-old baby in her arms, police said.

"It was a good ending to a very tragic case," Lt. Tim Doney of the Medford police said. "Nobody was hurt, no citizens were hurt, no officers were hurt and he wasn't hurt."

It also was one of the longest standoffs in recent memory in Medford, said Doney. No shots were fired during the incident.

Cathey walked out of his 2448 Alma Drive house, a few blocks west of Crater Lake Avenue, and obeyedorders from police officers who quickly put him under arrest almost exactly 24 hours after the situation erupted. He was unarmed at the time.

After a search warrant was issued on the house, officers found a shotgun, two .22-caliber rifles and a .38-caliber handgun. He had barricaded himself in his garage, threatening to harm himself and officers, the Medford police reported.

Even though the suspect suggested there were explosives, none were found, said Doney.

Cathey will be taken in for psychological evaluation and will be charged with coercion, menacing and disorderly conduct.

Police haven't determined whether drugs or alcohol were a factor, said Doney.

The Jackson County District Attorney's Office could decide to file additional charges after it reviews the case, he said.

Neighbors, who had been evacuated 24 hours earlier, returned to their homes and police pulled down yellow tape that blocked both entrances to Alma Drive.

The Jackson County Sheriff's Department SWAT team relieved Medford police officers Sunday morning after officers had worked through the night. No estimates have been made yet on how much it cost to mount the police response to the standoff.

Officers shut off water and electricity to the home to prod Cathey into contacting police and ending the standoff peacefully.

Police wanted to avoid bursting into Cathey's home unless he took some sort of provocative action at the three-bedroom house that he and his wife bought in 2005.

Residents offered up their homes to officers during the standoff, providing them with water and a place to go for restroom breaks.

"We would like to express our appreciation to the neighbors," said Doney.

On nearby Gould Street, police set up a mobile command center.

Neighbors and other onlookers strolled past police tape Sunday afternoon, trying to peer down the street as officers occasionally drove by carrying weapons and dressed in camouflage gear.

While some nearby residents weren't sure what the commotion was about, others said the Catheys had a history of domestic disputes and developed strained relations with some of their neighbors, many of whom feared having their names disclosed. Some residents said Cathey was generally a fairly quiet man.

Rick Cavalli said the couple had moved out about five months ago, and had only been back about two weeks.

"It was nice having them gone," he said.

In one dispute with a neighbor, Cavalli said the Catheys had installed video cameras and erected halogen lights.

He said his family adopted an 11-year-old girl who was one of three foster children that formerly had been cared for by the Catheys.

"They're not what you'd call your June and Ward Cleaver couple," Cavalli said, referring to the 1950s and '60s sitcom "Leave It To Beaver."

Medford police didn't refute the suggestion that they had dealings with the Catheys prior to the standoff.

"It's fair to say we haven't had a lot of contact with this family prior to this," said Doney. "That's not to say we haven't had any."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

December 8, 2008 - There's Been A Run On Guns

By Damian Mann

Mail Tribune

Gun sales have been hitting all-time highs this holiday season in Jackson County and Oregon, propelled by fears that President-elect Barack Obama's administration will enact laws clamping down on assault rifles and ammunition.

The Oregon State Police reports that on Nov. 28 — the biggest shopping day of the year known as Black Friday — there were 2,198 background checks, 25 percent higher than the previous record on the same shopping day in 2005, when 1,731 checks were conducted.

"It was unanticipated to be that high," said Marie Severson, firearms manager for the OSP.

In addition, during the month of November, 720 checks on average were conducted daily throughout the state, an increase from a year ago when 437 checks were conducted on average in the same month. About two percent of the background checks turn up disqualifying information such as felony convictions, misdemeanor assault convictions, being an illegal alien or renouncing U.S. citizenship.

Gun stores in Jackson County report brisk business as customers snap up so-called assault rifles, such as the popular AR-15, as fast as they can be put on the shelf. At the same time, the price of some weapons has climbed 30 percent or more, and ammunition has gone through the roof. Twenty rounds for the new .50-caliber Smith and Wesson revolver could set you back more than $40.

"The prices have gone up — way up on assault rifles," said Peter Schulzke, owner of Southern Oregon Pawn in Medford. He said he had six AR-15s a month ago but is sold out, though he had two AK-47s on the shelf Friday.

Gun sales at local stores spiked after the presidential election. On Obama's Web site, change.gov, he states that he would support making the expired federal assault weapons ban permanent.

Schulzke said he's heard of people who have bought AR-15s for around $700, then turned around and sold them at gun shows for $1,200 to $1,400.

A critical component of the AR-15 — known as the lower receiver — has been selling briskly, because it can be assembled with other parts to create the complete rifle at some future time.

Many customers are buying the assault rifles as an investment and shelling out the money despite a downturn in the economy.

"I think people are afraid," said Glenn Davis, who owns two AR-15s and was browsing the weapons on display at Southern Oregon Pawn Friday.

The 45-year-old Grants Pass resident said people are rushing to buy assault weapons and ammunition because they believe the Obama administration is going to enact gun laws similar to the ones passed by President Bill Clinton in 1994.

Davis and his friend, Greg Brauer, said it is important to stock up now on weapons before they are taken off the shelves.

"A bird in the hand is worth two in the bush," said 53-year-old Brauer, of Grants Pass.

Brauer said ammunition has become so expensive he is using his .22-caliber rifle rather than his .223 caliber. He said it costs about $15 for 1,000 rounds of the lower-caliber weapon, versus $20 to $30 for the higher-caliber model.

While many gun owners are worried about bans on assault weapons, Ralph Groover said Obama's got too many other problems, such as the economy and the wars.

"I'm a skeptic," said the 61-year-old Medford resident. "He's got way too much on his plate."

A Vietnam veteran, Groover called the AK-47 and most of the assault-type rifles "impractical." He said he carried an M-16 as a soldier, but doesn't understand why anyone would want a similar-type rifle.

Still, he said, "I enjoy the Second Amendment as much as anyone."

Brandon Schulzke, who works at Southern Oregon Pawn, does like the assault-type guns and had a quick response to Groover's comments: "It's fun to shoot — just like I need a big-block engine."

John Hughes, president of the Medford Rifle and Pistol Club, said he understands the fears that have stimulated gun sales recently.

However, he's concerned that in these tough economic times residents are buying the guns on credit they might not be able to afford.

"If you can afford it, that's fine," he said.

Hughes said he objects to calling weapons like the AR-15 an "assault weapon."

He said rifles, AR-15s in particular, are excellent for target practice because of their accuracy and reliability.

"They want to call it an assault rifle and it is not," said Hughes.

Gun sales typically pick up around the holidays in Oregon and increased sales should continue through the month.

"It does reach a grand crescendo by Christmas," said Marie Severson of the OSP.

Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.

October 9, 2008 - Questions Continue As Child Struggles

By Damian Mann

Mail Tribune

A 6-year-old Jacksonville Elementary schoolboy who nearly drowned Tuesday in a nearby irrigation ditch remained on life support late Wednesday as his parents questioned how school officials could have let this happen.

"I told them point blank that I hold them totally responsible for my child's condition," said his father, Phillip Baehne, 61, of Central Point.

Luke Baehne is on a ventilator at Doernbecher Children's Hospital in Portland. His doctors give him a 50-50 chance of survival, his father said. The hospital lists the boy in critical condition.

"He has swelling of the brain and he went without oxygen," said Baehne. "His heart and everything stopped. He was basically dead."

Standing next to his son's bed at the hospital, Baehne said dozens of tubes and wires were attached to the boy, monitoring his health and keeping him alive.

"It's touch and go right now," he said. "If it gets worse, he will die."

He said Luke is about 4 feet 4 inches tall, weighs about 42 pounds and has autism. He is enrolled in STEPS, a life-skills program through Southern Oregon Education Service District for children with autism or severe disabilities. STEPS is operated separately from other activities at the elementary school.

Baehne described his son as active and full of curiosity. He said his son likes to run, but will usually stop if someone yells out after him.

He said Luke was fascinated with water and liked being outdoors.

"He's a toughy, and believe me he's fighting for his life right now," he said.

While events leading up to Luke's disappearance from school are still being pieced together, some details have emerged.

After a recess at Jacksonville Elementary on Tuesday, school personnel began a frantic search for Luke when they discovered he was missing sometime around 1 p.m.

Jacksonville police received a call at 1:40 p.m. that the boy was in the water.

Gail Durst, a teacher's aide, found him floating in an irrigation ditch about 125 to 150 yards from the school grounds, according to Jacksonville Police Chief David Towe.

She wasn't strong enough to pull him out of the water, but managed to call 9-1-1 as she held his head up. Durst left her phone on at the edge of the irrigation ditch.

Durst was up to her knees in the water trying to keep the boy from slipping under. "She is still pretty shook up," said Towe.

He said he jumped into the water to retrieve the boy. He estimated that a nearby culvert was almost 3 feet in diameter and the water was running just a few inches below the top.

Towe said investigators hadn't determined where Luke had entered the water or whether he had slid down the bank. He said the area where the boy was found was roughly 6 feet square or slightly larger.

Baehne praised Durst and the hospitals that took care of his son. "Gail — without her, he would have been gone already," he said.

Baehne said the school had both his home phone and an emergency number, but failed to call him when they found Luke.

Instead, school officials went to the Old Stage Road bus stop where he normally picks up Luke, and he was told about the accident at 2:45 p.m.

"They said our boy was dead," Baehne said.

A few minutes later, a policeman apologized and said Luke had been resuscitated and gave Baehne and his wife, Crystal, a ride to the hospital, Baehne said.

Medford School District Superintendent Phil Long said he didn't know why the parents weren't called.

He said investigators with both the police and school are trying to determine the sequence of events.

He said Principal Rick Snyder and another school official went to the bus stop, but Long said they didn't say Luke was dead.

"They had encouraged the family to get to the hospital," he said.

He said the school district's main concern right now is the boy and his family.

The district will be reviewing how the tragedy occurred and whether anything should be changed.

"We will sort the pieces out and see if anything could have been done or should have been done," he said.

Jacksonville Elementary officials contacted by the Mail Tribune referred all questions to the superintendent.

Within the past 10 years the elementary school has expressed concern about the Medford Irrigation Ditch and the safety of children. As a result, the portion of the ditch near the school was covered.

Long said the school district does everything it can to make sure children are safe on campus.

"Once they are off the campus, the hazards are there," he said.

ESD Superintendent Steve Boyarsky said there were four teachers' assistants and one teacher in the classroom that day. They monitor the students at all times, he said.

"They are very concerned about student safety," he said.

He said 10 to 12 employees of both Medford schools and the ESD looked for the boy.

He said there is a fence around the school with gates that make it easy for the students to come and go.

An exact timeline is still being constructed to determine when Luke went missing.

The ESD is also reviewing its protocols in keeping track of special needs students to see if anything different needs to be done, he said.

Boyarsky said some of these students are medically fragile, are wheelchair-bound or require tube feeding.

The ESD runs 23 special needs classrooms in 10 school districts throughout Southern Oregon.

Baehne said he and his wife and two grown daughters are prepared for the worst with Luke.

"If he passes on, we're going to donate his organs to other kids," he said.

He said his family wanted to express appreciation to everyone who has offered sympathy or helped out the family during this crisis.

"We want to thank everybody for their prayers and their understanding about Luke," he said.

Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.

August 2, 2008 - Owner of Weapon That Injured Atkinson Named

By Damian Mann

Mail Tribune

Jacksonville City Councilman Bill R. Leep is the owner of a derringer that accidentally discharged and wounded state Sen. Jason Atkinson in the right leg Tuesday.

The Central Point Police Department released the name Friday after the Mail Tribune filed a public records request the night before.

Leep, who has been in contact with Atkinson and his family, expressed regret about the accident in a prepared statement Friday.

"Whereas I understand the interest to explore the details, I feel the emphasis should be for the hopeful and anticipated progress of Jason," stated Leep. "I deeply regret the hardship and would ask for your respect and prayers for a speedy recovery."

Leep, 53, had a derringer inside a cloth bag attached to his bike. When he brought the bike to Atkinson's Central Point garage, the Republican senator removed the bag to work on the bike but dropped it, causing the derringer to discharge.

Atkinson, 37, an avid cyclist, remains in serious condition at Providence Medford Medical Center.

Family members say he will require at least one more surgery from the bullet wound in the thigh area just above the knee.

Lt. Steve McGee of Central Point police initially didn't want to reveal Leep's name because of sensitivity to his family.

He said he didn't know that Leep was a city councilman and real estate developer.

After reviewing public records law Thursday, McGee said, "I thought it was in the best interest of everyone to release the information."

Leep, who said he has been a councilman for more than 11 years, didn't want to be interviewed about the accident and said he wouldn't take questions.

"The whole emphasis here is not about me," he said. "It is about being optimistic and hopeful about Jason."

After meeting with Atkinson in the hospital, he described the senator as very spirited and positive.

Leep is co-owner of Paradise Ranch, a resort in Merlin with a 7,418-yard golf course that will be completed by summer 2009.

McGee said Leep cooperated fully during the investigation.

Leep did not have a concealed weapon permit, but Central Point police have decided not to charge him because the accident took place on private property.

The police have recovered the .38-caliber bullet lodged in Atkinson's leg.

Medford police Lt. Tim George said his department would disclose a name if there was no investigative reason to withhold information.

"We wouldn't have any reason not to release," he said.

He said that in most cases the names of all parties involved are released, with the exception of witnesses and others who could provide important testimony.

Without knowing all the circumstances, George said it doesn't appear that there was any criminal actions in this case.

"There wouldn't have been unlawful possession of a firearm if it was in someone's garage," he said.

Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.

April 20, 2008 - At Your Service

By Damian Mann

Mail Tribune

Dennis Gates has stared down the barrel of a gun three times. He's been shot at. And he's been kissed by a stranger.

The 61-year-old Central Point business owner makes a living out of serving summonses for divorces, child custody and small claims. For all the drama, Gates takes his job in stride.

"Dramatic is when you go to the door and they pull a gun on you," he said.

He's been sued. He's dodged items hurled at him. His car has been damaged. Once, he was trapped inside a property when a homeowner closed the electric gates on him.

A fairly big guy and an ex-cop as well as a veteran, Gates crisscrosses the county in a Toyota Prius, serving legal complaints, collections and child custody papers.

"You wouldn't believe the amount of miles I put on it," he said.

Occasionally someone is happy to see him. He recalls one surprise encounter at the coast where he delivered divorce papers. "One guy grabbed me and kissed me, he was so excited," said Gates. "I was fighting to get away from that one."

Others react to Gates' presence with violence.

About five years ago, he pulled off Butte Falls Road and drove up a long driveway lined with blackberry bushes taller than his car. He walked up to a house and served papers to a man. As he walked back, the man decided to teach Gates a lesson.

"I heard the ring of a shot and it went over my head and went into the bushes," he said.

Gates said he's learned not to bother calling the police.

"There were no witnesses," he said. "There were no damages. It was his word against my word."

Jim Bautista, owner of Precision Credit LLC of Central Point, said Gates performs a valuable service for his company by serving the small claims actions.

"He makes that extra effort to get them served," he said. "He's willing to go the extra mile for us."

Bautista said his company tries to work with people to arrange a payment plan, and he will occasionally receive a flower or card from people who were happy they finally got a handle on their debts.

"Unfortunately, if we don't get people to work with us or don't arrange a payment plan, we have to go to small claims court," he said.

Bautista said it's important that people pay their bills. When they don't, the price of goods and services rises for everyone because the lost revenues are eventually passed on to other consumers.

"It's a field where people love to hate us," he said. "It's an important service that he provides."

Gates started his career as a process server in California in 1984 when another server asked him to deliver some papers to a farm.

He remembers saying to himself that he'd better read over the case before he went out to the property.

Gates discovered the farmer had hired an illegal alien to herd sheep and one day the two of them had started drinking. The illegal alien asked if he could get paid and the farmer got angry and shot him twice. The wounded man crawled a mile before getting help.

"At that point, I didn't think it was a good idea to jump over fences to see somebody like that," Gates said.

He learned the farmer went to a local bakery every Friday to buy his mother a loaf of bread. "I came up behind him and tapped him on the shoulder and gave him his papers," he said.

Gates said he receives criticism from some people, but he said ultimately the blame falls on those who don't pay their bills or don't make an attempt to work out an arrangement.

"If they'd taken care of business, we wouldn't have been there," he said.

Gates began working for Cleveland in 1993 when it still did private investigations. He took over the business, which he runs with his wife, Linda, three years ago when it was in the midst of a bankruptcy.

The downturn in the housing industry has been good news for his business, which also handles foreclosures.

"When I took it over, I had no idea this foreclosure market would have taken off," he said.

He used to do one or two foreclosures a month, but now does more than 100. "I do them just about every day," he said.

At 10 a.m., 11 a.m. or 1 p.m., Gates stands on the steps of the Jackson County Courthouse reciting a script that announces the minimum bid for houses that are in foreclosure. Sometimes he's at the justice center, other times he's at the Rogue River City Hall.

Many times he recites the words to himself because no potential buyers show up.

Gates said the loans that were taken out on these properties often are for more than the properties are worth, so nobody's interested in buying them.

Every once in a while a foreclosure creates a buzz.

"I've had times when 20 people were bidding on a piece of property," he said.

Gates has three associates who work for him in Josephine County who do the same thing.

He usually charges $20 to $35 to serve papers or perform the foreclosures. In some cases, he charges mileage as well.

Gates didn't want to reveal his salary, but said he pays more in taxes now than he used to earn annually.

He takes his work seriously, even when it's difficult to get close to someone to serve the papers. A Talent man convicted of racketeering used every strategem to avoid contact with Gates.

"I tracked him for four years," he said. "He refused to come to the door. I finally served him six months ago."

September 26, 2007 - Cart Patrols Languish

By Damian Mann

Mail Tribune

Not a rich man by any means, Bill Finnegan thought he had a good reason for shelling out $20,000 to buy four golf carts to patrol the Bear Creek Greenway.

"After that little girl was raped, I was so enraged I couldn't stand it," he said.

A 15-year-old was raped on the Greenway on March 4, 2005, leading to a public outcry over homeless camps along Bear Creek and calls for more police patrols.

The 89-year-old Phoenix resident, who has lived for the past 15 years in a recreational vehicle park, said he fully expected to see the carts rolling up and down the pedestrian and bike pathway after he gave them to Greenway officials shortly after the attack.

He even received a plaque honoring him for his donation.

On his daily trips to the Greenway, Finnegan said he has kept an eye out for the carts, which are gas powered rather than electrically driven so they can spend more hours in service.

"In all this time I have yet to see one," he said.

Phoenix Police Chief Kurt Barthel, who has been trying to rebuild a police department rocked by scandal and funding problems, said he wasn't aware that Finnegan bought the golf cart, which sits in a storage shed in the city's Public Works Department yard.

Barthel said he had a meeting just last week to explore whether the department even needed the cart, which he didn't realize was a donation.

"We don't need a piece of equipment that isn't being used," he said.

Barthel said police cars patrol the Greenway from time to time if there is an emergency, but as to the golf cart, he said, "We used it three times over the summer."

As part of his reorganizing effort, Barthel said it will be important to properly patrol the Greenway, but he hasn't determined how the cart would be involved in that effort.

Joy Olson, executive director of the Bear Creek Greenway Foundation, said the foundation welcomed Finnegan's donation. She even remembered the enthusiasm she felt on the day she went with Finnegan to Naumes Equipment to purchase the carts.

Originially, the carts were supposed to go to Central Point, Ashland, Talent and Phoenix, she said, but Talent didn't want the cart, so it eventually went to Medford, where volunteers patrol the Greenway in conjunction with the police department.

The Greenway Foundation acknowledged Finnegan's donation in the summer of 2005 in its newsletter: "Please help us thank Bill Finnegan and all the wonderful volunteers spending their time to help keep us safer on the trail."

Finnegan, who worked with the Los Angeles County Sheriff's Department for 22 years, said he made the donation in memory of his brother, Dr. John Finnegan, whose name appears on the front of the carts.

Olson said she was under the impression that most communities were still using the golf carts for Greenway patrols.

Matt Samitore, manager of Central Point Parks and Recreation Department, said the cart in his city is used primarily by maintenance workers on the Greenway.

"They go out at least once a week," he said.

The cart was also used during the Fourth of July parade.

He said Central Point police patrol the Greenway on bicycles, and he didn't realize the donated cart was supposed to be used primarily for patrols.

"We could probably have police volunteers use them," he said. "I wouldn't be opposed to that."

Samitore said there would be liability problems with allowing the general public to volunteer to use the cart for patrols.

"Obviously if we had unlimited staffing, we would have people out on the Greenway everyday," he said.

One of Finnegan's golf carts is at the storage yard at Ashland Public Works. City workers were not sure how often it was used to patrol the Greenway, but they said it was used around the yard and in parades.

Finnegan said he was hoping the carts would be a warning to anyone thinking of using the Greenway to commit crimes. He said he doesn't have a problem with the carts being used for other purposes as long as they're used primarily for patrolling the Greenway.

"If it's doing some good, I'm happy," he said.

Reach reporter Damian Mann at dmann@mailtribune.com.