Illinois Valley News

After a three-day trial at the Josephine County Courthouse in Grants Pass, rural Cave Junction resident Robert White was convicted of resisting arrest in a unique case involving the state“s community care-taking statute.

The trial began Tuesday, April 6, with Circuit Court Judge Pat Wolke presiding. Chief Deputy District Attorney Lisa Turner prosecuted the case, and attorney Foster Glass of Bend represented the defendant.

White“s misdemeanor charge stemmed from an April 26, 2008 incident near Caves Hwy., to which deputies had been called to an unrelated disturbance.

A dozen or so people stayed in the courtroom for most of the trial, including White“s mother, Pamela. Many audience members were Illinois Valley residents.

A six-member jury was selected for the trial, and consisted of four men and two women. Another woman was selected as an alternate.

Opening Arguments

During the opening arguments, Turner stated that on the night in question, Josephine County Sheriff“s Office deputies Jeff Iles and Mike Mason were looking for a young man with a butcher knife who was heading back to a party. The deputies heard a gunshot around 10:30 p.m. coming from near White“s residence, Turner said, and had to investigate.

“They need to see if someone“s hurt,“ Turner said, setting the scene for the jury.

The deputies approached the house under the community care-taking statute, which allows them to enter a residence without a warrant if they believe that somebody“s life may be in danger. White was in his yard operating a tractor, even though it was late and dark.

Turner described White as being “angry“ when he came into contact with the deputies. Mason was searching the house for a gun and to see if anyone was hurt, Turner said, as Iles and White got into a verbal confrontation.

A scuffle ensued between White and the deputies, and ultimately resulted in White being tased.

“He still doesn“t comply,“ Turner said, adding that White was not using self-defense, but was instead resisting arrest.

In his opening argument, Glass said that the police did not use common sense throughout the incident. He said that White and his family had returned home after going to dinner as part of a birthday celebration. White had been out of town, Glass said, as he was working in California at the time.

“That meant he had to do his farming at night,“ Glass said.

While still atop his tractor, White saw a coyote. That concerned him, Glass said, as a coyote had previously attacked the family dog. White retrieved and fired a gun to scare off the coyote, then put the firearm back in its safe before getting back on the tractor, Glass said.

Glass emphasized that White“s activities had nothing to do with the reason the deputies were called to the area in the first place.

“Does that look like a kid with a knife““ Glass asked rhetorically.

Once the deputies encountered White, Glass said, they grabbed his arm, and never told him why he had to put his hands behind his back.

“The police didn“t explain anything and tried using force,“ Glass said. “They had no basis to do what they did to him.“

The Deputies Testify

Mason took to the witness stand, and testified that he has been a patrol deputy for two and a half years, and was a corrections deputy for seven years prior to that. He said that he and Iles, who were traveling in separate vehicles, were only given the “general area“ of where to look for the man with the butcher knife.

The deputies slowed down near the 3000 block of Caves Hwy. to try and locate the suspect, Mason said. They found the woman who had made the 911 call standing in her driveway, Mason said, and began talking to her.

The woman told the deputies that her grandson had been to a party, got in an argument and was beaten, Mason said. Her grandson came to her house to get a butcher knife and planned to return to the party, and the woman phoned dispatch, Mason said, because she was afraid that someone would get hurt.

Mason testified that the deputies did not obtain a physical description of the suspect and that the woman did not provide them a specific location of the party.

With all the windows down in both police cruisers, the deputies drove slowly down Caves Hwy. toward Cave Junction, searching for the suspect, Mason said. It was around that time that they heard the gunshot, he said, so they approached a vehicle that was parked near Smith Sawyer Road.

“We didn“t know if the shot had come from that vehicle,“ Mason said.

The deputies contacted the vehicle“s occupants, Mason said. They were letting their dogs out to run, but had also heard the gunshot, Mason said, and pointed to the White residence as the location from which it originated.

He said that another vehicle then started in White“s driveway, and the deputies stopped it. He said that he and Iles were concerned that the gun might be in the vehicle.

That vehicle“s occupants denied hearing the gunshot, Mason said, which the deputies found “suspicious.“ Iles searched the vehicle“s interior, found no firearm and sent the driver and passenger on their way, Mason said.

Around this time, Mason said, the deputies saw White leave his house and get on his tractor. White was driving a “loop“ around the yard and going really fast while pulling a farm implement behind the tractor, Mason said.

Both deputies tried repeatedly to get White“s attention, Mason said, before approaching the house. Once they got there, he added, they spoke with White“s brother, James, and explained that they needed to enter the premises under “community care-taking.“

Mason said that while he searched the house, he heard Robert White and Iles arguing. He said that he saw Iles grab White“s right arm and (he, Mason) grabbed the left.

White began struggling, Mason said, so the deputies pushed him against a wall. Mason testified that White told the deputies they were “going to get hurt“ if they didn“t let him go, and also claimed that there was a “strong odor of alcoholic beverage coming from his person.“

During the tussle, Mason said, he and White fell off the front porch.

“I was surprised at how strong Mr. White was,“ Mason said, adding that the defendant continued to resist as handcuffs were being placed.

Using actual handcuffs, Mason demonstrated on Iles how to properly place a suspect into custody.

During cross-examination, Glass raised the issue of what White was under arrest for. Glass said that the deputies had no trouble getting White up against the wall, and Mason admitted that he never asked for a description of the young man who was reported to have the butcher knife.

“It was a younger kid, was all I knew,“ Mason said.

Iles testified that he and Mason already were in Cave Junction when they were dispatched to respond to the call about the knife-toting person. He said that the woman who reported the incident was “hysterical and upset.“

“She didn“t have a whole lot of information,“ Iles said.

When he heard the gunshot, Iles said, his “heart kind of sank,“ as he was “fearful“ that the person with the knife went back to the party and got shot.

“At that point, we were still very confused about what was going on here,“ Iles said.

Iles said that upon contacting White, he was told by the defendant to leave the property, and testified that expletives were used.

After White was tased in the chest, Iles said, he rolled onto his stomach with his arms folded underneath him.

“That“s a very dangerous situation for us,“ Iles said, as suspects are able to access hidden weapons in that position.

Glass accused Iles of making several statements on the witness stand that were not included in his original report of the incident. He also contended that White could not have resisted arrest if he didn“t know he was being placed under police custody. Iles disagreed.
“As far as I know, you“re not required to tell someone they“re under arrest,“ Iles said.

Defense Witnesses Sound Off

On the second day of the trial, Wednesday, April 7, the defense called its witnesses. Robert White“s wife, Shelly, was the first to testify.

She testified that after her husband was arrested, two additional officers arrived at the residence and continued the search that Mason had started. While that took place, she said, she took care of her and Robert“s 8-month-old and 3-year-old children.

At that point, Shelly White testified, Mason and Iles told her about the young man with the butcher knife.

“Basically, I was upset because they hadn“t explained themselves to me,“ Shelly White said.

She said that she was concerned that because her husband was being taken to jail and the deputies were transporting him, nobody would be around to protect her and the children from the knife-wielding “weirdo.“

Pamela White became tearful during portions of Shelly White“s testimony. That testimony often included terse exchanges between Shelly White and Turner.

Robert White took the witness stand in his own defense. He stated that when he saw the deputies and approached his house, he did a “pretty fast walk,“ but was not angry.

The deputies never said what community care-taking is, Robert White said, adding that he wasn“t told he was under arrest, and was not swinging at or pushing anyone during the fracas. Robert White said that he was on the ground “less than 30 seconds“ prior to being tased, and that the resulting shock made it difficult for him to control his body.

He said that he made every attempt to comply with the deputies“ instructions.

“I was just trying to get to my stomach like I was told to do,“ he said.

The deputies tased him multiple times after that, Robert White said, describing the experience as “very painful.“ He denied doing anything to harm Mason and Iles or resisting after being told he was under arrest.

Turner questioned Robert White about denying to Mason that he had consumed any alcohol that evening, even though he had three glasses of beer. She asked Robert White why he never asked the deputies what prompted them to enter his home.

“I just knew I was shocked repeatedly,“ Robert White responded.

Offers of Proof

Wolke dismissed the jury to determine if he would allow testimony from the next two defense witnesses.

The first, Michael Kopp, testified that he knew Iles was prone to the use of excessive force.

Kopp said that in August 2004, Iles was at the Josephine County Fair in Grants Pass. Many members of Robert White“s family were arrested by Iles and other deputies. Kopp also was arrested.

A lawsuit was filed against the county afterward by members of the White Family, and Kopp said that Iles and other deputies admitted to changing their original reports about the incident at the fair.

Glass said that he wanted to use Kopp as a character witness against Iles, but Wolke did not allow it.

Paul Jackson also testified outside the presence of the jury. He said that Mason arrested him during a September 2009 traffic stop.

Jackson said that Mason and another deputy pulled him out of his vehicle and threw him on the ground. Mason threatened to tase him, Jackson said, and did so “several times“ in a “very chaotic fashion.“

Mason also was accused of pushing Jackson“s face in the gravel with his knees in his back. Jackson said that he understands that police have a job to do, but described Mason“s conduct during the encounter as “excessive,“ “way out of line“ and “not acceptable.“

Wolke also ruled that Jackson could not testify in front of jury members. Jackson attempted to speak out, but Wolke threatened to charge him with contempt of court.

At the Party

The jury was brought back into the courtroom, and Caves Hwy. resident Eddie Podoll began his testimony.

Podoll was a guest at the party that ultimately started the entire series of events leading up to Robert White“s arrest. He described the gathering as a family get-together, and said that a male guest left after getting into a physical altercation with a woman.

The young man“s grandmother phoned the residence where the party was being held, Podoll said, and informed the guests that he might return with a knife and that she already had informed a police dispatcher of the situation.

Podoll said that he and other party guests walked down to the end of the road to wait for deputies to arrive. He said that one police cruiser “flew on by“ at 50 to 60 mph and shined a light on the party guests, who were waving in an attempt to get deputies“ attention.

The partyers waited 30 to 40 minutes for deputies, Podoll said, who did not arrive.

“We figured they went somewhere else,“ Podoll said.

Luckily, the young man with the knife did not return to the party that night.

Legal Maneuvering

After jurors were dismissed for the day, Glass continued his push to allow opinion witnesses to testify in the case. But Wolke cited a court ruling that opinion testimony must be based on prolonged contact with the person being described, not single instances.

The morning of Thursday, April 8 featured similar wrangling between the attorneys. With the jury still outside the courtroom, Glass submitted a Ninth Circuit Court of Appeals ruling regarding the use of tasers.

Also outside the courtroom was Undersheriff Don Fasching, whom Turner was hoping to use as a rebuttal witness to testify on the use of force policy at the sheriff“s office. Wolke said he would allow Fasching“s testimony on that subject, and the jury was brought back in.

The Defense Rests

Glass called White School Road resident Candy Crow to the witness stand. She testified that she knows Robert White, and sees him farming at night “quite a bit“ during the spring and summer. Crow said that she and others also farm during evening hours, and verified that there are coyotes in the area.

Last August, Crow said, she had a conversation with Mason about Robert White. Crow said that the deputy said “they were going to take him down,“ and that White thought he was tough, but the officers were tougher.

Undersheriff Testifies

Fasching testified as a rebuttal witness after the defense concluded its case.

The undersheriff explained to the jury the concept of “defensive tactics“ used by law enforcement officials.

Deputies use their different options based on the “totality“ of the situation, Fasching said, adding that a taser is a “controlling force“ weapon used to combat active resistance. Fasching said that tasers typically are used for persons resisting arrest or threatening deputies or others with injury.

During cross-examination, Fasching said he was unaware that tasers can sometimes cause death. He acknowledged the loss of limb control among people who are tased, and said he was familiar with the Ninth Circuit Court of Appeals ruling that Glass had previously referred to. Fasching said that the Ninth Circuit decision will not cause the sheriff“s office to change its policies regarding the use of tasers.

Closing Arguments

Turner told jurors that this case is “simple.“

Jurors had previously heard the 911 call from the woman reporting the initial incident involving the young man with the knife, and Turner said that the recording showed what law enforcement had to respond to.

The caller didn“t identify the individual or location involved, Turner said, and hung up on the dispatcher.

Because the situation involved a party, Turner said deputies had to assume that people were consuming alcohol, which can cause poor decisions.

Turner said that when Mason and Iles heard the gunshot, they thought the knife-wielding man had been shot. The deputies were acting in a “proactive, officer safety manner,“ Turner said, despite getting very little cooperation from everybody they encountered.

Mason and Iles were trying to see if anyone was “dead, dying or bleeding,“ Turner said, when they arrived at the White residence.

But Robert White never asked the deputies why they were there, Turner said, and instead became combative, despite having “ample opportunity“ to cooperate.

“There was nothing compliant about what the defendant did on this date,“ Turner stated.

Glass said that the prosecution“s case was filled with “presumptions“ that Robert White was angry that evening. It would not have taken long for the deputies to obtain a physical description of the man they were looking for, Glass said, adding that it is not possible to resist arrest until someone actually is arrested.

“The police can speak up when they want to,“ Glass said. “They didn“t do any of that.“

Mason had testified that he weighs around 300 pounds, Glass said, and Iles also is a large man. Glass expressed doubt that Robert White, who weighs 140 pounds, could possibly have overpowered the two deputies.

“Looking at him, I don“t think that“s true,“ Glass said.

The Jury Decides

The jury received its instructions from Wolke and went to deliberate. After about 90 minutes, it returned a unanimous “guilty“ verdict.

Glass and Turner agreed to do the sentencing right away. Turner recommended five days of jail, 18 months of bench probation and a $500 fine.

Wolke gave Robert White credit for time served, which amounted to two days. The judge said that under the circumstances of the night in question, he could not find fault with the deputies“ conduct.

Also taken into account by Wolke was the fact that Robert White has no previous criminal record, and acknowledged during his testimony that he would have done things differently if given the chance.

Wolke followed the state“s sentencing recommendation, and ordered White to report to the county“s supervisory authority within 24 hours.

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