One person was arrested for reckless burning and criminal trespass, then later released, after their cigarette started a fire in the Sandlin Road area June 15, according to a Wasco County Sherrif’s Office (WCSO) press release.
WCSO responded to the Sandlin Road area on a reported fire. The initial report indicated the person started a fire in a brushy area on private property, as observed by local residents. The suspect fled the area, followed by two witnesses, and was detained by another citizen with an adjoining property.
Deputies arrived on scene and immediately detained the suspect involved with this incident. Investigation found the suspect was on private property, and had started the fire by discarding a cigarette. They were arrested for Reckless Burning and Criminal Trespass II and transported to NORCOR.
Several citizens claimed this was an arson case, and the individual should have been charged with a felony. However, upon review of ORS statues, the case does not meet the probable cause requirements for arson.
The suspect was released from NORCOR under Senate Bill 48 requirements, and returned to the area of Sandlin Road that same day. But it was found they weren’t trespassing this time, or that there were no victims, and the suspect was not arrested on any further charges.
“To alleviate any confusion as to why the suspect was released from jail, Senate Bill 48 was enacted by the Oregon Legislature in 2021 and fully implemented on July 1st 2022 to ‘reduce reliance on security release and provide statewide guidance for local pretrial release orders,’” read the press release. “Under Senate Bill 48 there are approximately 170 crimes and individual can be released for, including those in this case. ORS 135.233 is explicitly clear certain individuals with certain arrest charges shall be released per the Presiding Judge.”
The case has now been forwarded to the District Attorney’s Office.
Sheriff Lane Magill has asked anyone with questions to contact him at 541-506-2580.
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