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IN THE CIRCUIT COURT OF THE STATE OF OREGON
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FOR THE COUNTY OF HARNEY
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STATE OF OREGON,
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Case No. 16CR67881
Plaintiff, v.
DECLARATION OF DEREK J. ASHTON
LAWRENCE P. O'DEA, Defendant.
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I, DEREK J. ASHTON, declare under penalty of perjury as follows:
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1.
I am the trial attorney for defendant Lawrence P. O’Dea (Mr. O’Dea) in
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these proceedings and make this declaration in support of his Motion to Dismiss the
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Charge of Negligently Wounding Another as a Civil Compromise. I make this
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declaration based upon personal knowledge, investigation, information and belief, the
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discovery produced by the state, and upon statements made to me by Mr. O’Dea and
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the alleged victim, Robert Dempsey (Mr. Dempsey).
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2.
The circumstances and reasons which I believe support dismissal with
prejudice, pursuant to a civil compromise, are as follows: a.
This case arises from an accident involving the unintentional
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discharge of a .22 firearm owned by Mr. O’Dea, for which the
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alleged victim, Mr. Dempsey, did not ever and does not presently
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seek to prosecute (or have the government prosecute) his friend,
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Mr. O’Dea;
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b.
On the day of the accident, Mr. O’Dea was not intoxicated, impaired by alcohol, or otherwise impaired by any substance;
Page 1 - DECLARATION OF DEREK J. ASHTON Motion to Dismiss for Civil Compromise-Ashton Decl.docx Cosgrave Vergeer Kester LLP Attorneys 888 SW Fifth Avenue, Suite 500 Portland, Oregon 97204 Telephone: (503) 323-9000 Facsimile: (503) 323-9019
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c.
Mr. Dempsey has acknowledged, in writing, full satisfaction for his
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injuries and seeks to have all charges against Mr. O’Dea dismissed
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with prejudice. (See Exhibit 1, a true and accurate copy of Robert
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Dempsey’s declaration and acknowledgement of satisfaction). Mr.
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Dempsey had previously asked the prosecutors not to charge Mr.
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O’Dea and told them he does not wish to be a part of any
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prosecution;
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d.
The Motion for Civil Compromise is not made for purposes of delay;
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e.
The crime charged, Negligently Wounding Another, meets the qualifications for civil compromise set forth in ORS 135.703; and
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f.
A civil compromise of the pending charge, Negligently Wounding Another, will serve the interests of justice.
I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST
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OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR
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USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.
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DATED this 23rd day of December, 2016.
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s/ Derek J. Ashton DEREK J. ASHTON
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Page 2 - DECLARATION OF DEREK J. ASHTON Motion to Dismiss for Civil Compromise-Ashton Decl.docx Cosgrave Vergeer Kester LLP Attorneys 888 SW Fifth Avenue, Suite 500 Portland, Oregon 97204 Telephone: (503) 323-9000 Facsimile: (503) 323-9019
EXHIBIT 1 PAGE 1 OF 2
EXHIBIT 1 PAGE 2 OF 2
CERTIFICATE OF SERVICE
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I hereby certify that I served a true and correct copy of the foregoing DECLARATION OF DEREK J. ASHTON on the date indicated below by:
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mail with postage prepaid, deposited in the US mail at Portland, Oregon,
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hand delivery,
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facsimile transmission,
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overnight delivery,
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email,
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electronic filing notification.
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If served by facsimile transmission, attached to this certificate is the printed
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confirmation of receipt of the document(s) generated by the transmitting machine. I
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further certify that said copy was placed in a sealed envelope delivered as indicated
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above and addressed to said attorney(s) at the address(es) listed below:
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Colin D. Benson DOJ Criminal Justice Division 2250 McGilchrist St SE, Ste. 100 Salem, OR 97302 For Plaintiff
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DATED: December 23, 2016
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s/ Derek J. Ashton Derek J. Ashton
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Page 1 – CERTIFICATE OF SERVICE Motion to Dismiss for Civil Compromise-Ashton Decl.docx Cosgrave Vergeer Kester LLP Attorneys 888 SW Fifth Avenue, Suite 500 Portland, Oregon 97204 Telephone: (503) 323-9000 Facsimile: (503) 323-9019