Author Archives | Jack Pitcher

Campus-area stabbing under investigation, no arrest made

**UPDATE 12:38 p.m: UOPD released a more detailed crime alert, available here. 

The University of Oregon sent an alert to students Saturday at 2:18 a.m., warning of an armed suspect near parking lot 16 by the intersection of 13th Avenue and Kincaid Street. UO sent an “all clear” message at 3:27 a.m., but no arrest has been made yet.

According to UOPD, there was a stabbing in the northeast corner of parking lot 16, near the Alpha Omega House, around 1:30 a.m. Witnesses told UOPD that the “victim and suspect had been involved in conversation or argument in the area before the incident in the parking lot.”

The suspect is described as a black male, slightly over six feet tall, appearing to be mid-20s in age and with no obvious facial hair.

The victim, a 21-year-old male, went to McKenzie Willamette Hospital in Springfield by private car, according to UOPD. He sustained non life-threatening injuries.

The investigation is ongoing. UOPD requests that anyone with information call 541-346-2919.

Follow Jack Pitcher on Twitter @jackpitcher20 .

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Eugene Police: Burglars are stealing MacBooks from sleeping UO students

The Eugene Police Department warned of a “rash” of recent burglaries near campus in a news release Tuesday morning. According to EPD, there have been six burglaries in the past month, all of which occurred while sleeping UO students were home.

The most recent string occurred on April 7, in student housing off E. 19th Avenue between Harris and Emerald streets, a few blocks away from the rec fields. There were three burglaries that night according to EPD, and all shared the same characteristics: the intruders entered through unlocked front or back doors, the victims were all sleeping UO students, and Macbook computers were stolen.

Three campus-area burglaries also occurred between 3:40 and 7 a.m. on March 11. These occurred off E. 19th Ave., between Potter Street and Agate Street. Once again, the suspects entered through unlocked doors, sleeping residents were home, and computers were stolen.

Police urge residents to lock their doors and windows and make sure garage door openers are in a safe spot.

“Keep an eye out for your neighbors and report any suspicious activity to the proper authorities,” EPD spokeswoman Melinda Mclaughlin wrote.

Call EPD at 541-682-5111 to report suspicious activity.

Follow Jack Pitcher on Twitter @jackpitcher20. 

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Emerald story wins national investigative reporting award

The Emerald’s 2016 investigation of former Oregon tight end Pharoah Brown won the Investigative Reporters and Editors award for student reporting at a small paper, IRE announced Tuesday.

Written by Kenny Jacoby, Jarrid Denney and Cooper Green, the story revealed that Brown was accused of three separate violent incidents during his time at UO, but never faced discipline from the school, police or athletic department.

The story received national attention, and Brown was repeatedly asked about the allegations by NFL scouts at the NFL Combine in March.

Kenny Jacoby, Jarrid Denney and Cooper Green plowed through massive roadblocks put up by the University of Oregon, its coaches, athletic department administration and a federal student privacy law to expose the truth behind a star football player,” the IRE judges wrote.

Through a police record and countless interviews with former players, the investigation found that Brown allegedly punched and concussed teammate and kicker Matt Wogan in October 2014, was investigated by Eugene police for strangling his girlfriend in October 2015 and fought former teammate Paris Bostick in the locker room after a conditioning session in summer 2016.

Pharaoh Brown before the Ducks’ game against Washington State in Pullman, Washington. (Kaylee Domzalski/Emerald)

Brown and then-head coach Mark Helfrich both declined interviews for the story. Brown did not play in the final two regular season games after the story was published in November 2016.

The Emerald interviewed dozens of former and current football players as well as Brown’s girlfriend.

“The hardest part about the investigation was getting football players to talk about the incident. Many did not want to be the ones to ‘rat out’ their teammate,” Jacoby said. “We called and messaged just about every ex-football player we could find and were able to get a handful of them to talk.”

The IRE judges were impressed that the Emerald reporters were able to confirm the story without comment from the university.

The university refused to talk to reporters about the incidents. But these tenacious reporters prevailed by finding sources to verify the findings of their investigation,” the judges wrote.

The investigation led to a highly publicized incident in which an athletic department official suggested revoking one of the Emerald’s press credentials. President Michael Schill ordered an investigation of athletic department media policies following the incident, which found that the athletic department’s decision to suggest pulling a credential was “ill-advised,” and recommended against such behavior in the future.  

The investigation also led to a discussion of the university’s public records practices, after the university records office told the Emerald it would cost $700 to produce emails between coaches and athletic department officials relevant to the locker room fights. Public employees’ emails are public record under Oregon law.

UO’s Senate Transparency Committee is reviewing and proposing solutions to this high cost for records.

Emerald reporters worked on the story for over two months.

“A tremendous amount of thorough reporting and diligence went into making this story what it is,” editor in chief Cooper Green said. “I couldn’t be more proud of the reporters and newsroom that fought, and continue to fight, for accountability and transparency on our campus.”

Follow Jack Pitcher on Twitter @jackpitcher20 

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Former Duck Colt Lyerla arrested for heroin possesion one month after felony drug conviction

Former Oregon football player Colt Lyerla was arrested for heroin possession and forgery Monday. He is currently being held at the Washington County Jail.

Two weeks ago, Lyerla was sentenced to 18 months probation after his conviction in a 2016 heroin possession case in Washington County. Conditions of his probation include attending a substance abuse prevention class and “not frequenting places where drugs are bought or sold.”

One of the best high school football players in Oregon history, Lyerla played two seasons for the Ducks under head coach Chip Kelly before quitting the team during Mark Helfrich’s first season in 2013.

Lyerla was arrested in Eugene for cocaine possession in October 2013, less than two weeks after quitting the Oregon football team. He was arrested for DUII in Washington County in September 2014 before his August 2016 arrest for heroin possession.

Lyerla will be arraigned at 3 p.m. Tuesday; this post will be updated after the arraignment.

Follow Jack Pitcher on Twitter @jackpitcher20

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UO releases findings of athletic department free speech investigation

***This story has been updated to include comments from athletic department spokesman Craig Pintens.

The University of Oregon concluded its investigation of potential free speech policy violations by the athletic department this week. The investigation found that the athletic department did nothing illegal, but could improve its media relations in some areas.

President Michael Schill ordered the investigation in December after a highly publicized incident in which Dave Williford, sports information director (SID) for Oregon football, suggested revoking one of the Emerald’s football press credentials. The threat came after Emerald sports editor Kenny Jacoby contacted a UO football player directly to follow up on a previous interview, instead of making another interview request through the athletic department.

Jacoby was following up with the player for a story on the repeated accusations of violence against former Oregon tight end Pharaoh Brown, which received national attention.

General Counsel Kevin Reed and UO law school student Hailey Czarnecki wrote the report, which found it “undisputed that Williford suggested to the Emerald that their credentials could be at risk if they continued to violate protocols,” and that Jacoby “credibly perceived Williford’s statement as a threat to the Emerald’s valuable access to Duck athletics.”

The protocol violation in question is UO’s policy that reporters must request all interviews through the athletic department communications office, rather than reaching out to athletes directly. This is a common policy for Division I sports schools, according to the report.

The report called Williford’s suggestion that a credential would be pulled “ill-advised,” but found that the athletic department did not violate law or policy because the threat did not have to do with the content of Jacoby’s story.

The report also makes recommendations for future media relations protocol for the athletic department. These include counseling reporters who violate access policies in ways that do not imply that the reporter’s access will be restricted, and reaching out to the editor-in-chief of the student newspaper when a potential conflict arises.

Protecting athletes, or suppressing free speech?

A major question going into the investigation was if athletes are allowed to freely express their thoughts to the media. According to football SID Williford, the rule requiring reporters to contact athletes through the athletic department is meant to protect athletes — there is not a rule about athletes contacting the media directly.

UO’s report affirmed this, saying, “It is clear from our interviews that student athletes are not restricted from contacting the media directly.”

Senate faculty president Bill Harbaugh doesn’t think that finding is accurate. He said he’s learned from talking to reporters that coaches “discourage players from talking about controversial things.”

“That is a clear infringement on their free speech rights,” Harbaugh said.

Harbaugh pointed to a December 2014 Oregonian article about Oregon basketball players Dwayne Benjamin and Jordan Bell. The two players held their hands up above their waists during the national anthem at a home basketball game, in an apparent protest of recent police shootings of unarmed black men.

The article notes that Benjamin and Bell “have not been made available to comment” on the incident.

A similar issue occurred in 2012, when Lena Macomson, a student-athlete at the time, attended a public hearing on a new university policy to require random drug tests for student athletes.

When the Register Guard asked for her thoughts at the end of the hearing, Macomson said she “could not speak to a reporter without first getting the permission of Andy McNamara, assistant athletic director for media relations.”

Macomson’s impression that she needed permission from an athletic director appears to contrast the following finding from the investigation report:

“We find no evidence to support the allegation that the Athletic Department restricts student athletes’ ability to address the media.”

Harbaugh was critical that the investigation relied on sports information director Williford’s claim that student athletes are not restricted from speaking to the media, without investigating high profile incidents like Benjamin and Bell’s Black Lives Matter protest.

The report also found that “the SIDs do not tell the student athletes whom they can or cannot talk to. Each interview request is just a request and the athlete has the option to turn it down….The SID then relays that information back to the reporter.”

Emerald sports editor Kenny Jacoby said that this hasn’t necessarily been the case in his experience.

“The report reads as if SIDs make it easy for reporters to talk to athletes, when in fact SIDs invoke all sorts of unwritten rules to deny interview requests with athletes all the time,” Jacoby said.

According to Jacoby, these restrictions include not talking to athletes who are injured, and denying all interviews in the off-season.

“When they deny interview requests, you never get to hear the denial from the athlete,” Jacoby said. “You never know whether the SIDs are really asking the athlete or denying the interview on their own volition.”

Despite its criticisms, President Schill was happy with the investigation.

“Kevin [Reed] did a very thorough analysis of this,” Schill told the Emerald. “I support the report entirely.”

Athletic department spokesman Craig Pintens echoed that sentiment.

“We look forward to reviewing the results of the report prepared by Mr. Reed and Ms. Czarnecki.  They conducted a very thorough examination into athletic communications.”

The full investigation report can be read here.

Follow Jack Pitcher on Twitter @jackpitcher20

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Setting the record straight: The price of transparency

Multiple University of Oregon students were arrested this year, an assistant football coach was paid over $60,000 for less than a week of work and one visit to campus by an author cost UO donors over $40,000. Public records requests help clarify the facts for stories like these.  

As a public institution, UO is required to release any document it possesses that doesn’t fall under certain privacy exemptions under Oregon statute 192. This includes employment contracts, salaries, emails between university employees, investigation results, police reports, financial records and other documents the university produces.

Individuals and organizations request records from UO for various reasons. For example, a contractor that lost a bid for a campus construction project may request the winning contract to help with future bids, or a student might make a request to aid research for a thesis.

In July 2010, UO established the Office of Public Records to handle the many requests for records the university receives each month.

The top in-house lawyer for UO, General Counsel Kevin Reed, oversees the public records office, which has two full-time workers. The office must balance transparency with the need to protect certain information exempt from public release, such as student records or trade secrets. Reed reviews requests that may fall under an exemption, and helps the office determine if the records should be released.

If a requester feels that UO withheld records that should have been released, they may appeal the denial to the Lane County District Attorney, who can review the case.

The records office “believes the primary purpose of public records law is to provide transparency in the nature of public workings,” according to its 2016 annual report.

However, delays in response to many requests have made some feel that the UO records office doesn’t provide that transparency to the extent it should.

The public records request log shows that there are currently five outstanding requests from 2016 for which UO is still “reviewing/requesting” records. One of these dates back to October 2016, five months ago.

UO has received 99 records requests in 2017. To date, it has provided records in response to 51 of them.

While the Oregon Department of Justice says two weeks should generally be enough time to fulfill a request, there is no law that mandates a time limit for an institution to release records.

According to Reed, when there are long delays involving a request, it is often due to the complex nature of the request and the fact that the office has to wait for other departments to provide the requested materials.

“We are a large, complex, decentralized organization,” Reed said. “It takes effort to actually bring the documents in. It also takes care to make sure we are not handing over documents that would violate federal law.”

Reed estimates that it costs “in the neighborhood of $300,000 a year” to operate the public records office. UO isn’t required to operate a public records office, but incurs this expense to make the process of collecting and distributing records more streamlined, according to Reed.

As the overseer of the office, Reed meets with his staff weekly to look at new requests and check the status of operations. Reed has an extensive background working with public records law at his previous jobs with UCLA and the Los Angeles Unified School District.

Reed said he is happy with the efforts of the records office. In an interview with the Emerald, he noted that the records office has established a public online status log of all requests — something that isn’t required by law.

Senate Faculty President Bill Harbaugh, an economics professor and public records advocate, criticized the delays that come with some records requests.

“I can’t say that I know the motivations of the UO records office and General Counsel,” Harbaugh said in a January interview with the Emerald. “But when you look at their actions, it’s clear that the delays — weeks to get a response — have the effect of frustrating legitimate public records requests.”

Harbaugh serves as the chair of the Senate Transparency Committee, which “review[s] UO’s procedures regarding access to public records and financial information, and evaluate[s] the effectiveness of those procedures,” according to the UO committees website.

Harbaugh suggested that delays from the records office aren’t always for legitimate reasons, and instead have to do with keeping university affairs secret.

“Anybody who knows the recent history of the University of Oregon knows that it’s full of controversial issues, and so there’s plenty of material that needs to be made public,” Harbaugh said.

According to Harbaugh, the university was under a lot of pressure to release records in 2011, when the Oregonian wrote a letter to then-president Richard Lariviere complaining about the public records office. In response, Lariviere ordered the office to release records more leniently, Harbaugh said.

“Reporters were able to get information, and that made university administrators nervous. They like to do their business in the dark,” said Harbaugh.

Oregon law also allows institutions to charge a requester for the time it takes to produce the records. For some requests, the UO office will provide a cost estimate for pulling those records before asking if they still want to go through with it.

In the 2016 fiscal year, the office estimated a total charge of $10,527.64 for nine requests Harbaugh made. Harbaugh decided not to go through with those requests, according to the records office. He says he would like to see the office waive more fees than they do, especially for students.

Reed disagreed with Harbaugh’s charge that the university may intentionally try to hide things. He expressed surprise when presented with quotes from Harbaugh’s interview with the Emerald.

“I’m really proud of the record of the office right now. I’m frankly astonished by Professor Harbaugh’s quotes,” Reed said.

Reed felt that Harbaugh’s remarks contradicted the 2016 report on the records office put together by the Senate Transparency Committee that Harbaugh chairs.

The report states: “The Senate Transparency Committee appreciates the professional and generally timely manner that public information requests appear to be handled by the UO Office of Public Records. The Committee also acknowledges the mandated balancing of interests between public transparency and protection of privacy.”

(Kelly Kondo/Emerald)

UO isn’t the only state institution taking criticism for how it handles public records. The Oregon Department of Justice has created a public records task force to examine the state’s practices in the face of increased criticism.

In a letter to the task force from May 2016, Oregonian reporter Rob Davis wrote: “Agencies throughout the state routinely hide behind outlandish fees, lengthy delays and discretionary exemptions that need not be exercised. They do this to avoid the public scrutiny, oversight and accountability that Oregonians deserve.”

Despite the law’s initial intention, some now see it as a tool the university can hide behind because the law has developed hundreds of exemptions.

“The public records law is a disclosure law. It’s about making state agencies disclose information,” Harbaugh said. “And yet, the university uses this law to prevent information from being released.”

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Oregon beach volleyball drops opening series against Portland

Oregon beach volleyball opened its season with two losses to the Portland Pilots at Chemeketa Community College in Salem over the weekend. Both matches were close.

In the opener on Saturday, Oregon (0-2) won both matches on the top courts but lost the three remaining matches to Portland (2-0) for a 3-2 loss. The Ducks were led by freshman Brooke Van Sickle and junior Taylor Agost on the top court, winning in two sets, 21-19 and 22-20. Sophomores Lindsey Vander Weide and Lauren Paige also defeated the Pilots on the No. 2 court, winning in two sets both by a score of 21-17.

The Ducks lost to Portland 3-2 again on Sunday morning, this time in dramatic fashion. Facing cold conditions and heavy wind, Oregon scored its two points in wins from No. 3 pair Willow Johnson and Maddy Silberger-Franek, and No. 5 pair Sumeet Gill and Marine Hall-Poirer.

The match was decided on the top court after the Pilots picked up wins on courts two and four. Taylor Agost and Brooke Van Sickle matched up with Portland’s Tami Stephens and Cali Thompson. The Ducks lost their first set 21-16, then battled to a 30-28 loss in the second set in a back and forth match.

Oregon now has a month off before its next match on April 7 against Sacramento State in Boise, Idaho.

The Ducks will embark on a team trip to Australia during the time off.

Follow Jack Pitcher on Twitter @jackpitcher20

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Former Oregon football player Colt Lyerla convicted of felony heroin possession

Colt Lyerla, the former Oregon Ducks standout tight end, was convicted of heroin possession in Washington County court last week, court records show. His sentencing hearing is scheduled for March 14.

Lyerla was arrested in a Portland suburb in August 2016 when police allegedly found him lighting and smoking a “brown, sticky substance” out of tin foil, according to a probable cause affidavit released after the arrest.

A judge found Lyerla guilty after a one-day trial at the Washington County courthouse in Hillsboro, Oregon. Lyerla waived his right to a jury trial, opting to have the judge decide his fate instead. Possession of heroin is a Class B felony in Oregon, which can carry a prison sentence of up to 10 years.

Lyerla was most recently arrested in August. (Washington County courthouse)

Lyerla, 24, is considered one of the best high school football players in Oregon history. The 2010 U.S. Army All-American was a five-star recruit, received more than 30 Division I offers, and won a state championship as a running back and linebacker for Hillsboro High School.

At 6-foot-4, 240 pounds, Lyerla played tight end for two seasons under former Oregon coach Chip Kelly before quitting the team during Mark Helfrich’s first year as coach in 2013.

Lyerla was at one point a projected first-round NFL draft pick, but saw his stock tank after a series of controversies and run-ins with the law. University of Oregon had to release a statement in March 2013 after Lyerla tweeted that the Sandy Hook shooting was fake and part of a government conspiracy. The university denounced the remarks as “insensitive and offensive.”

The circumstances under which Lyerla left the team are also under question. Lyerla left midway through the 2013 season, citing a need to prepare for the NFL draft. But other reports stated that Helfrich asked Lyerla to leave after Lyerla purchased a shotgun, something the athletic department was uncomfortable with.

Lyerla was arrested in Eugene for cocaine possession in October 2013, less than two weeks after quitting the team. He was then arrested for DUII in September 2014, before his most recent August 2016 arrest for heroin possession.

Lyerla signed with the Green Bay Packers after going undrafted in the 2014 NFL draft. He was released after tearing his MCL in practice and hasn’t played for an NFL team since.

Court records list Lyerla’s current address as “transient,” a designation usually given to homeless people.

Lyerla will appear in court again on March 14, when the length of his sentence will be decided.

 

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Man arrested after allegedly pointing loaded handgun at Hub residents

A 19-year-old man was arrested after allegedly pointing a handgun at a crowd of people at the Hub on Campus apartments after midnight on Friday.

According to Eugene Police, two officers responded to the apartments after reports of a trespasser. When the officers arrived, “a group of more than 10 people began to duck and run towards the officers, with a couple people yelling that a man had a gun.”

The officers reportedly observed Kyle Rober Woody, 19, aiming a handgun towards the crowd. Upon seeing the officers, Woody dropped his gun and ran. Officers pursued him on foot with more coming to assist. Officers used a taser on Woody and took him into custody at about 12:30 a.m. on Saturday morning, police say. Woody is not a student at University of Oregon.

Kyle Woody (Oregon Crime News)

Eugene police say they recovered the handgun, which was loaded.

Woody was booked in Lane County Jail and is charged with unlawful use of a weapon, criminal trespass while in possession of a firearm, disorderly conduct in the second degree, unlawful possession of a firearm, five counts of menacing, interfering with a peace officer and escaping in the third degree.

After being arrested, Woody was also charged with first degree burglary and two counts of fourth degree assault for an incident that occurred on Oct. 28 of last year.

If you witnessed the incident at the Hub on Friday and know more information, please contact news@dailyemerald.com.

 

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Police rescue underweight puppy after UO student locks it in abandoned apartment for a month

On Nov. 30, the property manager at Uncommon Apartments called Eugene police after receiving an email from a tenant who had returned home to China and believed there was a dead dog inside his unit.

According to Eugene police, an officer entered the locked apartment and found a “severely underweight and lethargic puppy unable to stand.” The veterinary staff, who named the puppy Jake, estimated him to be 4 months old. After two days of around-the-clock medical care and two more months of close medical observation, Jake has reached a healthy weight and been adopted, according to an EPD press release.

Animal Services and Eugene police detectives found that the former tenant, an 18-year-old male UO student, left the country on Oct. 29 — a full month before Jake was discovered in the apartment. The man remains a suspect in the case, but has not returned or enrolled for the current term at the university.

According to the Register Guard, Jake was found lying in a dog bed when an officer entered the apartment. He lifted his head up when he saw the officer, but did not stand up. There was a bag of dog food in the apartment, but it was behind a closed door and Jake did not have access.

Eugene police declined to release the suspect’s name because the investigation is open and no one has been charged. The student’s visa has been canceled and he may face criminal criminal charges if he returns, the Register Guard reported.

Animal Services encourages people to “consider their lifestyle before bringing home a pet.”

An animal welfare officer carries Jake. (Eugene Police)

Jake receives medical attention. (Eugene Police)

 

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