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Saturday, December 23, 2017

OREGON -Twenty-Eight Days Later

OFF THE WIRE
Today, 28 days after the fact, Wheeler County, Oregon District Attorney Gretchen M Ladd finally informed “Victims in the Lisa Niehaus Matter” that the woman who killed three members of the Gypsy Jokers Motorcycle Club and injured nine others has been sentenced to 23 months imprisonment.
Last May 27, at the beginning of the Memorial day Weekend, Niehaus “crossed into the oncoming lane of traffic…on Highway 19 at about Milepost 60, a location just east of Fossil.” The pack was on its way to the 40th Annual Fossil Motorcycle Campout, a start of summer event at Bear Hollow Park sponsored by ABATE of Oregon.
According to Oregon public records for criminal case 17CR34692, National Crime Information Center record 239049TA4, as part of her plea and sentencing agreement, Niehaus pled guilty to three counts of criminally negligent homicide, two counts of assault in the third degree and two counts of assault in the fourth degree.
Another count of assault in the third degree, three more counts of assault in the fourth degree, seven counts of recklessly endangering another person and one count of reckless driving were all dismissed.

Organized Crime

Niehaus case was adjudicated entirely in secret and administratively. None of Niehaus’ victims or their survivors was ever even informed of the progress of the case.
Generally, under Oregon law, victims are allowed to tell a sentencing judge how a particular offender has harmed their lives. It appears to be Oregon public policy that: “A victim impact statement is the vehicle through which a victim of crime is given the opportunity to be heard before punishment is imposed. This right to be heard gives the victim an opportunity to express how this crime has affected them emotionally, physically or psychologically and provides a way to offer thoughts, suggestions and recommendations on a defendant’s sentence.”
In her letter, Ladd told victims and survivors that she did not notify them of the progress of the case before now because “a court” found “ that the incident”involved “elements of organized crime.”
Black’s Law Dictionary, parenthetically, defines “organized crime” as: “Widespread criminal activities that are coordinated and controlled through a central syndicate.”

God Speaks

Ladd’s complete letter states:
Dear Victims in the Lisa Niehaus Matter,
I am the Wheeler County District Attorney. I am writing to inform you of the status of the above matter.
Lisa Niehaus pled guilty on November 21, 2017 to three counts of criminally negligent homicide, two counts of assault in the second degree and three counts of assault in the fourth degree. The court sentenced her to 23 months in prison.
(Official, written records state that Niehaus pled guilty to third degree assault, not second degree assault. AR)
Please be aware that the 23 month sentence is an accomplishment in a case that has left members of the Department of Justice and the Oregon State Police divided as to whether a crime even happened. The alternative would be a careless driving ticket without any compensation for your losses. We believed a crime happened and prosecuted it accordingly.
Under most circumstances, the Oregon Constitution provides specific rights to crime victims. However, the law allows suspending some victim rights if a court finds that the incident involves elements of organized crime. The court ruled this incident was one of the exceptions to victim rights protections.
The crime victims compensation program is assisting each crime victim with lost wages and medical expenses not covered by insurance or the Oregon Health Plan. If you have not applied, please do so.
I have spoken with many of you. I have heard you describe the severe impact this catastrophic crash had on your lives and those you loved.
I have prosecuted this case with your interests in mind. I encourage you to contact the Crime Victims Compensation Program for financial assistance with medical expenses and lost wages if you have not already done so. Civil remedies may be available to you as well. Please contact a civil attorney for assistance with that.
If you have questions, you are welcome to contact the District Attorney’s Office. Once again, I extend my sincere condolences for the losses each of you have suffered. I understand the hurt and anger you have expressed in your emails. I know you are having to adapt to the physical, mental and emotional injuries of this catastrophic life changing event. I hope this letter explains why we had to handle the case as we did.
Sincerely,

Gretchen Ladd
Wheeler County District Attorney