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Legal Matters: Enhanced penalties – Prosecutors, jury raise stakes in terms of time, money

Past acts enhance manslaughter case charges
Prosecutors are seeking a stiff sentence for a Silverton man accused of vehicular homicide, claiming prior criminal sentences have had little impact on his behavior.

Gustavo Sosa, 27, faces at least ten years in prison if convicted. He has been charged with first-degree manslaughter for a May 23 collision in Salem that killed Victor Andre Cortez-Andrade, 16, of Keizer.

On June 9, the Marion County Prosecutor’s Office filed a notice of intent to seek an enhanced sentence, citing Sosa’s persistent criminal behavior despite past convictions. They also argued Sosa has shown no remorse for the death of Cortez-Andrade. His previous convictions include strangulation, menacing and unlawful use of a weapon in 2020 and DUII in 2022.

Because Sosa allegedly poses a public safety risk, he has been ordered held without bail in the Marion County Jail.

Local theft suspect held in Linn County
A Silverton man with multiple pending theft charges is being held without bail in Linn County after being arrested on new allegations.

Emmett James Jackson, 28, was booked into jail following his arrest June 7 after he allegedly stole two vehicles and took the mail of three victims before fleeing from police.

He is charged in Linn County Circuit Court with attempt to elude, two counts of unauthorized use of a motor vehicle and three counts of mail theft, all punishable by up to five years in prison.  At the time of his arrest, Jackson was wanted in Deschutes County after pleading guilty to similar charges in January and failing to appear for sentencing. He is also wanted in Marion County for pending charges of vehicle theft, mail theft and ID theft stemming from multiple incidents between May 2021 and February 2023.

Separate local rape cases filed
Two men have been charged with local sexual assaults in separate cases in Marion County Circuit Court.

Jovany Sandoval, 29, of Mount Angel, was charged May 22 with first-degree rape for an incident April 2 when he allegedly forced himself on a victim who was incapacitated. He faces at least 100 months in prison and has been released in lieu of $100,000 bail.

Omar Jimmy Perez-Garcia, 26, of Salem, was charged June 15 with first-degree rape for an incident May 19 in Silverton when he allegedly forced himself on a victim who refused to have sex. He faces at least 100 months in prison and was ordered held in lieu of $50,000 bail.

When arrested, Perez-Garcia was on probation for DUII. Prosecutors are seeking an enhanced sentence because of this.

Jury finds utility company negligent  

A jury has awarded $87 million to named plaintiffs in a class action lawsuit against PacifiCorp over the 2020 Labor Day wildfires, including those in the Santiam Canyon. A series of shorter trials will determine damages to 5,000 additional class members. The jury in James et al vs. PacifiCorp found the company liable for five out of six claims June 12 in Multnomah County Circuit Court after a seven-week trial.

The company was accused of negligently causing wildfires throughout Oregon on Labor Day 2020. In addition to the Santiam, there were the Obenchain, 242 and Echo Mountain Complex fires. Plaintiffs successfully argued PacifiCorp failed to manage trees in contact with power lines and refused to de-energize equipment during high heat and high wind conditions.

The jury awarded 17 named plaintiffs roughly $4.4 million in economic damages and $64.5 in non-economic damages. Then on June 14, the company was found liable for punitive damages. The jury awarded an additional $17 million, or one quarter of compensatory damages.

PacifiCorp continues to assert its actions before and during the fires were appropriate and in the best interests of ratepayers. The company said in a June 12 release it plans to appeal the verdict and is “confident we will prevail.”

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