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
Wheeler County District Attorney
