(rss MARION COUNTY CIRCUIT COURT ASSIGNMENT f" State of Oregon v. Case Number: THIS CASE HAS BEEN ASSIGNED TO: JUDGE LYNN E. lj JUDGE CLAUDIA M. BURTON C) JUDGE DON A. DICKEY (503) 588-5492 (503) 584-7713 (503) 3734445 JUDGE DENNIS J. GRAVES JUDGE JOSEPH C. GUIMOND JUDGE TOM M. HART (503) 585-4939 (503) 588-5160 (503) 584-7749 lj JUDGE MARY M. JAMES JUDGE JUDGE TRACY A. PRALL (503)373-4303 (503) 588-5030 (503) 588-5026 lj JUDGE JAMESE L. RHOADES JUDGE SUSAN M. TRIPP (503)585-7950 (503)373-4361 A status conference date has been set in this case with the assigned Judge at: Marion County Courthouse 100 High St NE Salem, OR 97301 Both parties, including the Defendant, must appear at the status conference date as scheduled. Failure to appear may result in a Warrant of Arrest being issued- Dated this day of 200_. Signature of Defendant Defendants custodial status: out of custody in custody (MCJ OTHER JUDGE ASSIGNMENT COPIES: Canary=DA; Pink=Defendant; Goldenrod=Attorney Revised (10/08) WALTER M. BEGLAU arin I4 9 EE 5?e? Ah E"ms *5c3 E?=w ?m 5 IN THE CIRCUIT COURT OF STATE OF OREGON FOR THE COUNTY OF MARION THE STATE or OREGON No. Plamtifg i MOTION FOR OF INFORMATION vs. AND ORDER JOSHUA ABRAHAM TURNIDGE, 3 Defendant Comes now, Walter M. Beglau, District Attomey for Marion County, and respectfully moves the Court for an order dismissing the above-entitled infonnation for the reason and upon the grounds that: The case was submitted to the Marion County Grand Jury and an indictment was returned and filed in the above-entitled matter. Further investigation reveals it would be in the interest of justice that said information be dismissed. Dated at Salem, Oregon, this 23"i`day of December, 2008. WALTER M, BEGLAU, District Attomey OSB #90040 25 I By; /4 4) Deputy District Attorney . ORDER Based upon foregoing motion and upon the grounds set forth therein; IT IS BY ORDERED that the State's Motion for Dismissal is hereby: ALLOWED DENIED Dated at Salem, Oregon, this s( 08. I I I lan Page I MOTION AND ORDER 12/23/08 COPIES: l=court; l=mcso; l=defendant; file 08-12798 im, 550264 zuna gt 'mt HLED IN THE CIRCUIT COURT OF STATE OF OREGON THE STATE OF OREGON JOSHUA ABRAHAM TURNIDGE, FOR THE COUNTY OF MARION No. 08C51758 INDICTMENT The Defendant, jointly charged with Bruce Aldon Turnidge, is accused by the Grand Jury ofthe County of Marion and the State of Oregon, by this indictment ofthe criminal offenses of: Count 01: ORS 163.095 AGGRAVATED Felony) Count 02: ORS 163.095 AGGRAVATED Felony) Count 03: ORS 163.095 AGGRAVATED Felony) Count 04: ORS 163.095 .AGGRAVATED Felony) Count 05: ORS 163.095 AGGRAVATED Felony) Count 06: ORS 163.095 AGGRAVATED Felony) Count 07: ORS 163.095 AGGRAVATED Felony) Count 08: ORS 163.095 AGGRAVATED Felony) Count 09: ORS 163.095 AGGRAVATED Felony) Count 10: ORS 163.095 AGGRAVATED Felony) Count 11: ORS 161.405/163.095 ATTEMPTED AGGRAVATED Felony) Count 12: ORS 161.405/163.095 ATTEMPTED AGGRAVATED Felony) Count 13: ORS 161.405/163.095 ATTEMPTED AGGRAVATED Felony) Count 14: ORS 163.185 ASSAULT IN THE FIRST Felony) Count 15: ORS 163.175 ASSAULT IN THE SECOND Felony) Count 16: ORS 166.384 UNLAWFUL MANUFACTURE OF A DESTRUCTIVE Felony) Count 17: ORS 166.382 UNLAWFUL POSSESSION OF DESTRUCTIVE Felony) Count 18: ORS 161.450/ 163 .095 CONSPIRACY TO COMMIT AGGRAVATED Felony) committed as follows: COUNT 01 The defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of Thomas Tennant, another human being, defendant having unlawfully and intentionally caused the death of William Hakim, an additional human being, in the course ofthe same criminal episode. Page l~ INDICTMENT 3, o.A_ Nu. 0,8-12798 COUNT 02 As part ofthe same act or transaction as alleged in Count 1 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of William Ha.kim, another human being, defendant having unlawfully and intentionally caused the death of Thomas Tennant, an additional human being, in the course ofthe same criminal episode. COUNT 03 As part of the same act or transaction as alleged in Count 1 and Count 2 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of Thomas Tennant, another human being who was a police officer, the death being related to the performance of Thomas Tennant's official duties in the justice system. COUNT 04 As part ofthe same act or transaction as alleged in Cotmt 1, Count 2 and Count 3 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of William Hakim, another human being who was a police officer, the death being related to the perfomiance of William Hakim's official duties in the justice system. COUNT 05 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3 and Count 4 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did and intentionally, by means of an explosive, cause the death of Thomas Tennant, another human being. COUNT O6 As part ofthe same act or transaction as alleged in Count l, Count 2, Count 3, Count 4 and Count 5 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally, by means of an explosive, cause the death of William Hakim, another human being. COUNT 07 As part of me same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5 and Count 6 above the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Criminal Mischief in the Degree by means of an explosive, to wit: unlawfully and with intent to damage property, damage by means of an explosive, the building located at 2540 Newberg Hwy, the property of West Coast Bank, the defendant having no right to do so nor reasonable ground to believe that defendant had such right and in the course of and in the furtherance ofthe crime that defendant was committing, defendant personally and intentionally caused the death of William Hakim, a human being who was Page 2- INDICTMENT D.A. No. 08-12798 .1 fx, . not a participant in the crime. COUNT 08 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6 and Count 7 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Criminal Mischief in the Degree by means of an explosive, to wit: unlawfully and with intent to damage property, damage by means of an explosive, the building located at 2540 Newberg Hwy, the property of West Coast Bank, the defendant having no right to do so nor reasonable ground to believe that defendant had such right and in the course of and in the furtherance ofthe crime that defendant was committing, defendant personally and intentionally caused the death of Thomas Tennant, a human being who was not a participant in the crime. COUNT 09 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7 and Count 8 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Robbery in thelst Degree, to wit: unlawfully and knowingly while in the course of attempting to commit theft, and with the intent of compelling a person to deliver the property, use and threaten the immediate use of physical force upon another person, anduse a dangerous weapon, and in the course of and in furtherance of the crime that defendant was committing, defendant personally and intentionally caused the death of William Hakim, a human being who was not a participant in the crime. COUNT 10 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8 and Count 9 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Robbery in the1stDegree, to wit: unlawfully and knowingly while in the course of attempting to commit theft, and with the intent of compelling a person to deliver the property, use and threaten the immediate use of physical force upon another person, and use a dangerous weapon, and in the course of and in furtherance ofthe crime that defendant was committing, defendant personally and intentionally caused the death of Thomas Tennant, a human being who was not a participant in the crime. COUNT As pan ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9 and Count l0 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally, by means of an explosive, attempt to cause the death of Page 3- INDICTMENT D.A, No. 08-12798 -v Scott Russell, another human being. COUNT 12 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10 and Count ll above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally attempt to cause the death of Scott Russell, another human being who was a police officer, the death being related to the performance of Scott Russell's official duties in the justice system. COUNT 13 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10, Count lland Count 12 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally, by means of an explosive, attempt to cause the death another human being. COUNT 14 As part ofthe same act or transaction as alleged in Count l, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10, Count ll, Count 12 and Count 13 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause serious physical injury to Scott Russell by means ofa deadly or dangerous weapon, to wit: an explosive device. The state further alleges that the above-named victim did not substantially contribute to the commission ofthe above-described offense by precipitating the attack. COUNT 15 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10, Count 1, Count 12, Count 13 and Count 14 above the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause physical injury to by means ofa deadly and dangerous weapon, to wit: an explosive device. COUNT 16 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10, Count ll, Count 12, Count 13, Count 14 and Count 15 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and knowingly manufacture a destructive device, to wit: a bomb. Page 4- INDICTMENT D.A. No. 08-12798 it COUNT 17 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10, Count 11, Count 12, Count 13, Count 14, Count 15 and Count 16 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and knowingly possess a destructive device, to-wit: a bomb, said device having an explosive device component. COUNT 18 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8, Count 9, Count 10, Count 11, Count 12, Count 13, Count 14, Count 15, Count 16 and Count 17 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully, with the intent that conduct constituting the crime of Aggravated Murder, punishable as a felony, be performed, agree with each other and others to engage in and cause the performance of the following conduct: unlawfully and intentionally, by means of an explosive, cause the death of another human being. WITNESSES: All Witnesses appeared A TR ILL I in person unless otherwise noted. i ,1 Grand Jury reperson WALTER M. BEGLAU Marion County District Attomey By 1 DATE: December 22, NI #9i517;sdm A IT IS ORDERED that a warrant be issued for CERTIFICATE the arrest of the defendant, bail being set in the I hereby certify this copy to be a true, full and amount QE correct copy ofthe original now on record in my office. Date Clerk ofthe Circuit Court By: Judge Deputy Arresting Agency Name: SMS Case #z 08-24798 IDENTIFIERS: INST: MARJ 76137944 Page 5- INDICTMENT No. 08-12798