1 2 3 4
IN THE CIRCUIT COURT OF THE STATE OF OREGON
5
FOR THE COUNTY OF HARNEY
6
STATE OF OREGON,
7 8 9
Case No. 16CR67881
Plaintiff, v.
DECLARATION OF DEREK J. ASHTON
LAWRENCE P. O'DEA, Defendant.
10 11
I, DEREK J. ASHTON, declare under penalty of perjury as follows:
12
1.
I am the trial attorney for defendant Lawrence P. O’Dea (Mr. O’Dea) in
13
these proceedings and make this declaration in support of his Motion to Dismiss the
14
Charge of Negligently Wounding Another as a Civil Compromise. I make this
15
declaration based upon personal knowledge, investigation, information and belief, the
16
discovery produced by the state, and upon statements made to me by Mr. O’Dea and
17
the alleged victim, Robert Dempsey (Mr. Dempsey).
18 19 20
2.
The circumstances and reasons which I believe support dismissal with
prejudice, pursuant to a civil compromise, are as follows: a.
This case arises from an accident involving the unintentional
21
discharge of a .22 firearm owned by Mr. O’Dea, for which the
22
alleged victim, Mr. Dempsey, did not ever and does not presently
23
seek to prosecute (or have the government prosecute) his friend,
24
Mr. O’Dea;
25 26
b.
On the day of the accident, Mr. O’Dea was not intoxicated, impaired by alcohol, or otherwise impaired by any substance;
Page 1 - DECLARATION OF DEREK J. ASHTON Motion to Dismiss for Civil Compromise-Ashton Decl.docx Cosgrave Vergeer Kester LLP Attorneys 888 SW Fifth Avenue, Suite 500 Portland, Oregon 97204 Telephone: (503) 323-9000 Facsimile: (503) 323-9019