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  • Colahan Declines To Prosecute Brocato

    Diunggah oleh

    Christopher Christie
    57 tayangan2 halaman
    Tim Colahan, Baker County DA Matt Shirtcliff's Go-To guy for possible Brocato prosecutions has once again declined to pursue a prosecution of Steve Brocato for Harassment, or any other possible charge related to Mr. Brocato's aggressive behavior across the street from the Yervasi and Pope law office back on August 24th of this year. This is the second time in a row that DA Shirtcliff, citing a conflict of interest, has farmed out an investigation of Steve Brocato for Harassment, both of which have ended up with the Harney County DA, who declined to prosecute. The first incident, you may remember, was when Colahan declined to prosecute Mr. Brocato after witnesses said he had seized an 8 year old disabled girl by the face back on May 19th, 2007. See: D.A. won't pursue claim against Brocato Read DA Colahan's review of the incident on Scribd. This time around, while seeming to avoid any mention of the charge "Harassment," which happens to be the possible charge referred to in the police report, DA Colahan clearly errors with a blatant and incomprehensible misstatement of the facts found in it. With reference to what he read in the "report" he states that "No other person is identified as witnessing this incident . . . ." Because the Police Report is readily available, anyone who is interested can see that there are four witnesses who stated that they saw Steve Brocato knock Jason Bland's hat off: Jason, myself, Andrew Bryan and Milo Pope. Given DA Colahan's inaccurate statement about a lone witness, I called Matt Shirtcliff's office to find out if there is another police report that DA Colahan might be referring to. His secretary asked him personally and told me he said that "He is aware on only one police report." The only other possible explanation I can think of is that for some reason, DA Colahan only read the first three pages of a six page police report. (The entirety of the above issue was not reported in today's offline Herald article, and they do not question the discrepancy between Colahan's erroneous statement and what's in the police report.) In his review, DA Colahan declines to prosecute. He then begins to outline his reasoning with the sentence "Based on the report, there is no evidence of an assault havingc occurred." During the short discussion that follows, concerning Steve Brocato knocking Jason Blands hat off, Colahan never once uses the word "Harassment," even though it is the charge that is specifically mentioned in the Police Report by Officer Plaza ( "I told Bland he could file a harassment report if he wanted." ) I previously filed a complaint with the Baker City Police Department claiming that Milo Pope had violated City Ordinance 130.045 Public Urination. It can be found on Scribd.com. DA Colahan, agreeing with the local police department states that "It also appears prosecution cannot be made under Baker City Ordinance 130.043 because the incident was not observed by a police officer." and later: "It is clear that a private citizen may only commence violation proceedings for boating violations, traffic violations, wildlife, commercial fishing and certain agricultural weight violations. ORS 153.058(8). I am unaware of any provision in the Baker City Ordinance Code which allows for violations to be commenced by a private oitizen." I too believe, after reading the statute, that it is clear that state law do

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    Tim Colahan, Baker County DA Matt Shirtcliff's Go-To guy for possible Brocato prosecutions has once again declined to pursue a prosecution of Steve Brocato for Harassment, or any other possible charge related to Mr. Brocato's aggressive behavior across the street from the Yervasi and Pope law office back on August 24th of this year. This is the second time in a row that DA Shirtcliff, citing a conflict of interest, has farmed out an investigation of Steve Brocato for Harassment, both of which have ended up with the Harney County DA, who declined to prosecute. The first incident, you may remember, was when Colahan declined to prosecute Mr. Brocato after witnesses said he had seized an 8 year old disabled girl by the face back on May 19th, 2007. See: D.A. won't pursue claim against Brocato Read DA Colahan's review of the incident on Scribd. This time around, while seeming to avoid any mention of the charge "Harassment," which happens to be the possible charge referred to in the police report, DA Colahan clearly errors with a blatant and incomprehensible misstatement of the facts found in it. With reference to what he read in the "report" he states that "No other person is identified as witnessing this incident . . . ." Because the Police Report is readily available, anyone who is interested can see that there are four witnesses who stated that they saw Steve Brocato knock Jason Bland's hat off: Jason, myself, Andrew Bryan and Milo Pope. Given DA Colahan's inaccurate statement about a lone witness, I called Matt Shirtcliff's office to find out if there is another police report that DA Colahan might be referring to. His secretary asked him personally and told me he said that "He is aware on only one police report." The only other possible explanation I can think of is that for some reason, DA Colahan only read the first three pages of a six page police report. (The entirety of the above issue was not reported in today's offline Herald article, and they do not question the discrepancy between Colahan's erroneous statement and what's in the police report.) In his review, DA Colahan declines to prosecute. He then begins to outline his reasoning with the sentence "Based on the report, there is no evidence of an assault havingc occurred." During the short discussion that follows, concerning Steve Brocato knocking Jason Blands hat off, Colahan never once uses the word "Harassment," even though it is the charge that is specifically mentioned in the Police Report by Officer Plaza ( "I told Bland he could file a harassment report if he wanted." ) I previously filed a complaint with the Baker City Police Department claiming that Milo Pope had violated City Ordinance 130.045 Public Urination. It can be found on Scribd.com. DA Colahan, agreeing with the local police department states that "It also appears prosecution cannot be made under Baker City Ordinance 130.043 because the incident was not observed by a police officer." and later: "It is clear that a private citizen may only commence violation proceedings for boating violations, traffic violations, wildlife, commercial fishing and certain agricultural weight violations. ORS 153.058(8). I am unaware of any provision in the Baker City Ordinance Code which allows for violations to be commenced by a private oitizen." I too believe, after reading the statute, that it is clear that state law do

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    57 tayangan2 halaman

    Colahan Declines To Prosecute Brocato

    Diunggah oleh

    Christopher Christie
    Tim Colahan, Baker County DA Matt Shirtcliff's Go-To guy for possible Brocato prosecutions has once again declined to pursue a prosecution of Steve Brocato for Harassment, or any other possible charge related to Mr. Brocato's aggressive behavior across the street from the Yervasi and Pope law office back on August 24th of this year. This is the second time in a row that DA Shirtcliff, citing a conflict of interest, has farmed out an investigation of Steve Brocato for Harassment, both of which have ended up with the Harney County DA, who declined to prosecute. The first incident, you may remember, was when Colahan declined to prosecute Mr. Brocato after witnesses said he had seized an 8 year old disabled girl by the face back on May 19th, 2007. See: D.A. won't pursue claim against Brocato Read DA Colahan's review of the incident on Scribd. This time around, while seeming to avoid any mention of the charge "Harassment," which happens to be the possible charge referred to in the police report, DA Colahan clearly errors with a blatant and incomprehensible misstatement of the facts found in it. With reference to what he read in the "report" he states that "No other person is identified as witnessing this incident . . . ." Because the Police Report is readily available, anyone who is interested can see that there are four witnesses who stated that they saw Steve Brocato knock Jason Bland's hat off: Jason, myself, Andrew Bryan and Milo Pope. Given DA Colahan's inaccurate statement about a lone witness, I called Matt Shirtcliff's office to find out if there is another police report that DA Colahan might be referring to. His secretary asked him personally and told me he said that "He is aware on only one police report." The only other possible explanation I can think of is that for some reason, DA Colahan only read the first three pages of a six page police report. (The entirety of the above issue was not reported in today's offline Herald article, and they do not question the discrepancy between Colahan's erroneous statement and what's in the police report.) In his review, DA Colahan declines to prosecute. He then begins to outline his reasoning with the sentence "Based on the report, there is no evidence of an assault havingc occurred." During the short discussion that follows, concerning Steve Brocato knocking Jason Blands hat off, Colahan never once uses the word "Harassment," even though it is the charge that is specifically mentioned in the Police Report by Officer Plaza ( "I told Bland he could file a harassment report if he wanted." ) I previously filed a complaint with the Baker City Police Department claiming that Milo Pope had violated City Ordinance 130.045 Public Urination. It can be found on Scribd.com. DA Colahan, agreeing with the local police department states that "It also appears prosecution cannot be made under Baker City Ordinance 130.043 because the incident was not observed by a police officer." and later: "It is clear that a private citizen may only commence violation proceedings for boating violations, traffic violations, wildlife, commercial fishing and certain agricultural weight violations. ORS 153.058(8). I am unaware of any provision in the Baker City Ordinance Code which allows for violations to be commenced by a private oitizen." I too believe, after reading the statute, that it is clear that state law do

    Hak Cipta:

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    dari 2

    SOP. 28. 2010 4:26PM BAKER CO DA No. 8029 P.

    2
    From: 00/28/2010 14:44 #108 P.0011002

    . ,
    '"
    .5D N. l!Iuenllo VItti, 11•• ihm,., Ot'q", 17720 'T1mOthY J. Col,ht.,
    Ttl.phonE!! (541) lJ7""OO, Flit (1141) mott04 DlsUict M:orr;ty
    Stephen =Jli.
    Deputy District Altornl)'

    September 28. 2010 DorothY M. Petmon


    0I'Ilct tdwtQer,lOSS
    ...............
    Crime ~ Di1ec:tor

    Matthew B. Shirecliff
    District Attorney
    1995 Third Street - Suite 320
    Baker City, Oregon 97814

    Re: Brooato, Stephen Joseph


    Pope. Kilo Wilmer. Baker County SO Report P201001068

    Dear Matt.

    I have reviewed the reports regarding this matter. I am


    declining prosecution tor any offense.
    Ba••d on the repo~t, there is no evidence of an assault having
    occurred. Further, the de.crib-e Qehavior does not constitute a
    violation of Disorderly Con4uct 11 (ORS 166.025) as there is no
    evidence of a ~isk of public inconvenience, annoyance or alarm.
    There is an allegation by Jason Bland. that his ha.t was knocked
    during the argument with $teve Brocato. No other person is
    ia~~tified as witnessing this incident and Officer Zachary
    Downing', report etates that ~1. Bi~'d does not wish to pursue a
    criminal charge from the incident. I do not find evide.?'J.ce of a
    crime having been co~tt.d by any mentioned person.

    Regarding tile coroplaint involving Mr. Pope, I am declining


    prolecution under ORS 164.785. It aleo appears prosecution
    eannot ~e mad. under asker City Ordinance 130.043 because the
    inc:id8I1t fAa not observed by a police officer. DRS 164..785 ma.kes

    L.lVE·srOCK ReCREATION Wtl"CI,.!FS l.UM6ERINQ

    .'
    Sep.28. 2010 4:26PM BAKER CO DA No. 8029 P. 3
    From: 00l28I2010 14:45 #100 P.002/002

    .,

    ~. Matthew B. Shirtcliff
    Sept.Ulbsr 28 .. 2010
    .ap 2

    it unlawful for any per.on to place ~~y polluting substance


    listed in subsection (1)' into any road, street, alley, lane,
    railroad right of way, lot field, me_dow or common. Urine is not
    specifically listed in subsection (1). Although urine could be
    consid.red a ~deleterious or offensive sub.tanee·, I.do not
    believe that ORS 164.785 was intended to cover the alleged act
    here.
    It is clear that • private cici2en may only commence violation
    proceedings for boating vlo1aeionll traffic violation., wildlife,
    commercial fishing and certain agricultural weight violation•.
    ORS 153.058(8). I am unaware of any provi.ion in ~he Saker City
    Ordinance COQe which allows for violations to he commenced by a
    private oitizen.
    Pleaee feel free to call me if you have any questions.

    ~~
    TimothY
    District

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