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Old 04-22-2011, 02:54 PM   #1
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From: Nehalem, Or

I Ride: cause I obey the voices in my head
A decent sentence
http://www.oregonlive.com/pacific-no...r_charges.html



Clatsop County jury convicts Portland man on drunk driving, manslaughter charges.


A 45-year-old Southeast Portland man was found guilty of manslaughter, drunken driving and other charges by a Clatsop County jury Thursday for the May 2010 traffic death of a Rainier motorcyclist.

The Clatsop County District Attorney’s Office said Kenneth E. Middleton was behind the wheel of a Ford F-150 pickup May 30 on U.S. 30 in Astoria when he crossed the center line on a blind curve. He crashed into motorcyclist Andrew Church, 35, of Rainier. Church was thrown into a field and died. Middleton’s 13-year-old daughter was in the pickup but suffered only minor injuries.

In addition to the first degree manslaughter conviction (a Measure 11 offense that carries a mandatory minimum sentence of 10 years in prison), Middleton was convicted of second-degree assault, three counts of recklessly endangering, reckless driving and driving under the influence of intoxicants. The jury’s decision was unanimous.


View full sizeOregon State Police
Kenneth Middleton
Middleton remains in the Clatsop County Jail where he is being held without bail.

"Everyone involved in this case, including all of the police agencies, concerned citizens at the scene, and the jury, did an excellent job to ensure that a drunk driver gets what he deserves which is a very long prison sentence in order to protect society," said Clatsop County Deputy District Attorney Ron Brown.

Brown said Middleton had not seen his daughter for five months when he picked her up in Portland for the day. He drove to the coast, visited a relative in Seaside, "drinking beers in the truck and throwing the cans out the window, all in front of his daughter," Brown said.

As the two left Astoria around 6 p.m., Brown said, Middleton, driving east on the higway, passed several cars despite double-yellow lines on the two-lane, winding blacktop. At the time of the crash the truck was traveling at 76 mph. Middleton's blood alcohol content was 0.22, nearly three times the legal limit of 0.08.

Brown said it took months for his daughter to recover from the injury caused by the seat belt.

Middleton will be sentenced Tuesday in Clatsop County Circuit Court, and Brown said in addition to the 10 year sentence he faces for the manslaughter conviction, he will ask the judge to sentence him to another 70 months on the assault convictions.

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Old 04-22-2011, 03:04 PM   #2
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Joined: May 2009
From: sammamish, wa

I Ride: 2006 Suzuki GSXR 600; 2007 Yamaha FZ1 (the Mrs.'s bike)
I don't think 10 years is enough for what he did especially if he would be up for parole sooner. Twenty years maybe, but 10 seens light to me for the disregard he demonstrated.

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Old 04-22-2011, 03:15 PM   #3
emw2k9 beer pong champions
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From: bothell

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there is no good that can come from this whole ordeal for the convicted, the victims family and the daughter. it a lose lose all the way around

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Old 04-23-2011, 07:34 AM   #4
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“ Quote:
Originally Posted by cletus View Post
I don't think 10 years is enough for what he did especially if he would be up for parole sooner. Twenty years maybe, but 10 seens light to me for the disregard he demonstrated.
I agree. I meant, it was a "decent sentence", cause a motorcyclist was involved. Seems to me that the sentences are, across the board, less severe when a motorcyclist is the victim.

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Old 04-23-2011, 10:36 AM   #5
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From: WA
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I would bet that was not the man's first DWI. Maybe changes need to be implemented where their first carries more sever couscouses including mandatory treatment. But your right, with the overcrowding bet he does less than five years if he is a model inmate. I can't imagine what kind of fool would be behaving in such a manner with his daughter in the vehicle. He's lucky he only got 10 years. He needed more like life, the bike rider and his family got Life with no abatement! PS And he was undoubtedly drinking at his families home before leaving. What in God's name was wrong with those folks for allowing that to happen, especially with the child. I would guarantee that the man would not have left my home under those Circumstance's, and if he did he would have been on FOOT. (one can not go far on four flat tires, and the Police would have been in route.)

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Last edited by Jims08Z06; 04-23-2011 at 10:45 AM..
 
Old 04-23-2011, 01:20 PM   #6
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From: Steilacoom

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I *THINK* a measure 11 crime sentence is mandatory/no parole. I had to testify to a bad assault that I witnessed, and that is the way that I remember it being explained to me by the DA.

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Old 04-23-2011, 04:57 PM   #7
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Joined: May 2009
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“ Quote:
Originally Posted by M.D.r6 View Post
I *THINK* a measure 11 crime sentence is mandatory/no parole. I had to testify to a bad assault that I witnessed, and that is the way that I remember it being explained to me by the DA.
Thanks for clearing that up I didn't know what that meant. In Washington their letting all kinds of criminals out before their sentences are completed, including felons due to over crowding.

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Old 04-25-2011, 04:13 PM   #8
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Joined: Jan 2008
From: Seaside/Warrenton, Oregon

I Ride: 2004 Yamaha R1
Ten years is not long enough in my opinion either. If I were a relative of Mr. Church, I might be waiting for that guy in a dark alley when he got out. He would wish he had stayed in prison.

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Old 07-07-2011, 01:56 AM   #9
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From: Quincy,WA

I Ride: A Blue Ninjasaki 2 Fiddy....... Sly's sister....... An old blue Yamaha SR 500........
I new Andy pretty good (the guy on the bike)....... He was a good guy......
R.I.P. Bro......

E-Man.....

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Old 07-11-2011, 11:22 PM   #10
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Joined: Jan 2008
From: Seaside/Warrenton, Oregon

I Ride: 2004 Yamaha R1
^^^ I'm sorry about your friend. I hope his family and friends are recovering from this.

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Old 07-12-2011, 02:46 PM   #11
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“ Quote:
Originally Posted by Jims08Z06 View Post
Thanks for clearing that up I didn't know what that meant. In Washington their letting all kinds of criminals out before their sentences are completed, including felons due to over crowding.
Facts?? Or did you just hear that.
1/3 off good time/program time
1/5 off class A

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Old 07-18-2011, 08:35 AM   #12
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Joined: May 2009
From: Gaston,Oregon

I Ride: Naked 91' gsxr750, 08' GS500F. 89' YSR50 w/ttr250 motor
The sad part is, statistically speaking, when he gets out it will likely happen again (DWI).

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Old 07-18-2011, 11:56 AM   #13
Señor verde
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Joined: Mar 2011
From: Kirkland

I Ride: behind the girls.
If it were my daughter that had been the bike, i wouldn't be satisfied with 10 years.

I'd be more interested in a 2,000 mile flight west and a kick in the ass with no life preserver offered.

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Old 07-18-2011, 12:03 PM   #14
mjn
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I Ride: '05 Busa, '81 Seca 550, '78 Hawk, '69 Z50A
“ Quote:
Originally Posted by Bluuu View Post
If it were my daughter that had been the bike, i wouldn't be satisfied with 10 years.

I'd be more interested in a 2,000 mile flight west and a kick in the ass with no life preserver offered.

While I agree completely with what you say here ^^ it seems you change your opinion at will;

Rant: I hate randoms who think they're police

Bluuu quote;
"Sounds like the world would be a tiny bit safer if we had one more "redneck" wearing a nice clean orange jumpsuit instead of whatever filthy clothes he wears now."


Interesting....

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Old 07-18-2011, 12:14 PM   #15
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Joined: Mar 2011
From: Kirkland

I Ride: behind the girls.
“ Quote:
Originally Posted by mjn View Post
While I agree completely with what you say here ^^ it seems you change your opinion at will;

Rant: I hate randoms who think they're police

Bluuu quote;
"Sounds like the world would be a tiny bit safer if we had one more "redneck" wearing a nice clean orange jumpsuit instead of whatever filthy clothes he wears now."


Interesting....
Where's the inconsistency? I assume the drunk driver already has his orange jumpsuit on. I didn't say the "redneck" can't rack up some air miles too. We just need to convict him first, and dress him for the occasion. Bear in mind though, the "redneck" hasn't actually killed anybody yet, only threatened to.

Before you get all serious on me though, you might consider the possibility that I'm being a tad flippant in an effort to make a point.

Also in the interest of full disclosure: I don't currently support the death penalty. Not that I have any moral hangups about it or anything like that. I just would like to know that the post office can deliver the mail on time and to the correct location, before I give the govt the ok to start offing people.

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Last edited by Bluuu; 07-18-2011 at 12:21 PM..
 
Old 07-18-2011, 12:15 PM   #16
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From: MTLK, WA

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Now watch him sue Ford over a "bad seat belt design", and win.

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Old 07-18-2011, 12:18 PM   #17
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Joined: Aug 2009
From: Mt Hood OR
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I Ride: 98 VFR800FI | 09 CRF250R
He got the bare minimum punishment for being a severe fuckup.

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Old 07-22-2011, 07:51 AM   #18
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From: small town , pnw

I Ride: Hayabusa
I didn't know the rider who was involved in this, but it sounds like another classic case of "losing a good man by the hands of a derelict". IMO,may God have mercy on his soul because no one I know on earth would give a man like that, a chance to prove his worth.

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