Motion to dismiss for civil compromise ashton decl w exhibit (1)

Page 1

1 2 3 4

IN THE CIRCUIT COURT OF THE STATE OF OREGON

5

FOR THE COUNTY OF HARNEY

6

STATE OF OREGON,

7 8 9

Case No. 16CR67881

Plaintiff, v.

DECLARATION OF DEREK J. ASHTON

LAWRENCE P. O'DEA, Defendant.

10 11

I, DEREK J. ASHTON, declare under penalty of perjury as follows:

12

1.

I am the trial attorney for defendant Lawrence P. O’Dea (Mr. O’Dea) in

13

these proceedings and make this declaration in support of his Motion to Dismiss the

14

Charge of Negligently Wounding Another as a Civil Compromise. I make this

15

declaration based upon personal knowledge, investigation, information and belief, the

16

discovery produced by the state, and upon statements made to me by Mr. O’Dea and

17

the alleged victim, Robert Dempsey (Mr. Dempsey).

18 19 20

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

21

discharge of a .22 firearm owned by Mr. O’Dea, for which the

22

alleged victim, Mr. Dempsey, did not ever and does not presently

23

seek to prosecute (or have the government prosecute) his friend,

24

Mr. O’Dea;

25 26

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


1

c.

Mr. Dempsey has acknowledged, in writing, full satisfaction for his

2

injuries and seeks to have all charges against Mr. O’Dea dismissed

3

with prejudice. (See Exhibit 1, a true and accurate copy of Robert

4

Dempsey’s declaration and acknowledgement of satisfaction). Mr.

5

Dempsey had previously asked the prosecutors not to charge Mr.

6

O’Dea and told them he does not wish to be a part of any

7

prosecution;

8

d.

The Motion for Civil Compromise is not made for purposes of delay;

9

e.

The crime charged, Negligently Wounding Another, meets the qualifications for civil compromise set forth in ORS 135.703; and

10 11 12 13

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

14

OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR

15

USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY.

16

DATED this 23rd day of December, 2016.

17 18 19 20

s/ Derek J. Ashton DEREK J. ASHTON

21 22 23 24 25 26

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

1 2 3

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:

4

mail with postage prepaid, deposited in the US mail at Portland, Oregon,

5

hand delivery,

6

facsimile transmission,

7

overnight delivery,

8

email,

9

electronic filing notification.

10

If served by facsimile transmission, attached to this certificate is the printed

11

confirmation of receipt of the document(s) generated by the transmitting machine. I

12

further certify that said copy was placed in a sealed envelope delivered as indicated

13

above and addressed to said attorney(s) at the address(es) listed below:

14

Colin D. Benson DOJ Criminal Justice Division 2250 McGilchrist St SE, Ste. 100 Salem, OR 97302 For Plaintiff

15 16 17

DATED: December 23, 2016

18 19

s/ Derek J. Ashton Derek J. Ashton

20 21 22 23 24 25 26

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


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.