DA's Mid-Term Report Details Wasco County Achievements, Challenges and Case Trends
Theft and mental health cases are on the rise.
Wasco County District Attorney Matthew Ellis.
By Cole Goodwin
Wasco County District Attorney Matthew Ellis has released his mid-term report to the public. The report details the DA Office’s challenges and accomplishments over the past two years.
The DA’s report reviews staffing, case trends, the creation of speciality treatment, mental health, and daily dependency courts, updating policy, resentencing old cases to be consistent with current laws, and more.
One of the major achievements mentioned in the report is having a fully staffed office, Ellis said, "Our experienced staff of 11 dedicated individuals has made my first two years in office a success."
Currently, the office has eleven full time staff including:
Elected DA, Matthew Ellis
Four Attorneys: Kara Davis (special Wasco Co prosecutor, current Gilliam Co DA), Sally Carpenter, Caleb Berthelsen, Danielle DeCant,
Two Victim Advocates: James Barber and Brenda Alaniz-Enriquez
An office manager/chief legal secretary: Julie Dalton
Two chief legal secretaries: Martha Verduzco-Ortega, Deb Wickwire
A discovery clerk: Erika Berk
And an office assistant: Linda Popchock.
The report also states that the office experienced a 90% staffing turnover from 2020-21, but the change in administration allowed the office to restructure and add an attorney position.
Other changes in the past two years included moving the Victim’s Advocacy office out of the DA’s office and into its own office on the main floor, with an additional office located at the Wasco County Juvenile Department. The purpose of the move was to create a more comfortable and welcoming environment for crime victims.
Case Trends
The DA’s report highlights case trends from the past two years, with 2021 being similar to previous years and 2022 seeing a sharp increase in cases compared to previous years.
The report further details case numbers and types of cases that have been referred to the DA’s office and notes that charging rates have remained consistent across the past five years, although the types of cases that are being charged have changed rather drastically.
Some notable case trends include a decrease in drug charges following the passage of Measure 110, an Oregon law that decriminalized possession of controlled substances in small quantities in 2021. However, DUII's have remained the second most prosecuted crime in Wasco County over the past two years. Theft-related property crimes have also increased significantly over the past three years, with mental health-related crimes such as trespassing and disorderly conduct also on the rise.
Fewer Drug cases, but there are still a lot of DUII’s.
Fewer drug charges are being served, following the passage of Measure 110, an Oregon law that decriminalized possession of controlled substances in small quantities in 2021. However, DUII’s have remained the second most prosecuted crime in Wasco County over the past two years with 183 cases issued in 2021 and 179 cases issued in 2022.
Theft is at highest point in five years.
Theft-related property crimes, including thefts, criminal mischief, burglaries, and unauthorized use of vehicles, have increased significantly over the past three years. There were 147 cases issued in 2021 and 185 theft related cases issued in 2022.
Mental health problems on the rise
Mental health-related crimes, such as trespassing and disorderly conduct, have also been on the rise in recent years. “Both of these crimes have seen a significant increase in the past three years,” reads the report.
Fewer juveniles are being prosecuted as adults.
Between 2018 and 2019, four juveniles were waived into the adult system under the old Ballot Measure 11 rule. Following the passage of Senate Bill 1008, in 2019, went into effect in 2020, juveniles, aged 15, 16, and 17 have removed the automatic waiver that tried juveniles as adults when the alleged crime is subject to Ballot Measure 11.
Department of Corrections intake rates are down but charging rates are at their highest in years.
The DA’s office has also referred 46 individuals to the Department of Corrections since 2021 a downturn from recent years.
“However, thus far, cases are being charged out at a higher rate than past years,” notes the report.
Death investigations increase, but it could be because of COVID-19.
Death investigations rose from 43 cases in 2020 to 72 cases in 2022 but only one single death resulted in criminal charges in 2022.
Specialty Treatment Courts continue to address specific needs in the county.
The 7th Judicial District Court has created two Treatment and Mental Health Courts with the assistance and cooperation of the Wasco and Hood River DA’s offices.
Two specialty courts have been created since Ellis took office, including the Treatment Court and Mental Health Court, which are focused on individuals involved in criminal behavior due to addiction. Treatment Court holds individuals accountable through intensive counseling.
“When I took office in January 2021, the Wasco County Drug Court was effectively disbanded, with no participants,” reads the DA’s report. “Treatment Court holds individuals accountable through intensive counseling and substance abuse treatment. At the time of this writing, the Treatment Court is at its maximum capacity for participants. We are fortunate to have a restored and thriving Treatment Court Programs as these specialty courts can be fragile if the program is fully staffed and supported.”
The third specialty court, the Family Dependency Court, is on hiatus since the retirement of Judge Janet Stauffer at the end of 2022.
“FDC should be making a comeback in the near future, just in a different form. The new FDC will focus on those involved with DHS, but will function outside the criminal system,” reads the report.
Updating policy
The DA’s office has also updated several of their policies in the last two years including a policy concerning Senate Bill 819, which allows those with felonies to be resentenced on a joint motion from the District Attorney and defense. The DA’s office has resentenced 11 individuals in the past year, four of which were juveniles who had previously been sentenced as adults. The juveniles were resentenced in the juvenile court system to the Oregon Youth Authority. Individuals are recommended for resentencing by a committee for having outstanding standing in the community.
The other policy of note is the DA’s new monetary sanction policy which was announced in early 2023. The policy focuses on minimizing the financial burden of those involved in the legal system and ensuring that pay outs to crime victims take precedence over payouts to the court.
Looking forward
In addition to working with Six Rivers Mediation to create policies and determining case types to refer to their new grant-funded restorative justice program which is set to launch in late 2023, the DA’s office is also looking to hire an In-house Investigator, secure grant funding to create a new position in the Victim Advocacy Department, draft new policies concerning Veterans involved in the legal system and immigration reform.
While not noted in the report the DA’s office has also been pursuing dismissals for more than 150 cases involving former law enforcement officer Jeffery Kienlen. These dismissals are based on evidence being withheld and lack of conviction integrity.
“Enough has already been written on former Officer Kienlen and the withheld evidence. I wanted the midterm report to focus on current staff, case trends, specialty courts, and policies,” said Ellis.
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