Skip to comments.Idaho camper cleared in East Oregon shooting
Posted on 11/22/2006 9:27:42 AM PST by kiriath_jearim
BAKER CITY, Ore. -- A Baker County grand jury says an Idaho man acted in self-defense when he shot a man who was headed straight for him in an all-terrain vehicle.
Fifty-two-year-old Marvin Sauer of Boise shot Vancouver, Washington resident Everett Durst, in the leg following a Labor Day dispute near Phillips Reservoir.
The incident started when Sauer and his wife arrived to camp in an area where Durst and friends were riding.
The two groups had a disagreement and Durst later drove a quad runner to Sauer's campsite, stirring up dust and throwing rocks on Sauer's wife.
Matt Shirtcliff, the Baker County district attorney, said Sauer fired a warning a shot into the air.
That's when Durst started driving in Sauer's direction.
Durst's thighbone was damaged in the shooting, and a metal rod was inserted in his leg.
The grand jury deliberated for seven hours before clearing Sauer.
Folks, when someone fires a warning shot... they normally mean business.
Seven hours? WTF? They paid hourly or somethin'?
They probably had a lone juror who wanted to hang the guy, OR they wanted free lunch!
Sauer fired a warning a shot into the air. That's when Durst started driving in Sauer's direction.
God grant me the strength to shoot the bastard anywhere OTHER than the leg if myself, children, and/or wife are threatened.
Reads like Durst needed shooting.
My niece, the sailor, jokes about "firing a warning shot into their bow."
The Picti (as they were called by the Romans, "Painted People") were the folks that Hadrian built the wall across Britain to keep out. When Roman legions say "Okay...we'll stay on this side if you'll stay on that side," you know you're tough. The Picts had a reputation for being wild men; I guess this scion of the Picts came by it honestly.
Probably moderates. They do not make uo their minds, they just follow the group.
I can just hear the deliberations:
Juror #1: So, #2, what do you think?
Juror #2: Well, I am leaning towards innocent, but he could be guilty too. What do you think #3?
Juror #3: Oh, I agree with you! Innocent, or could be guilty, unless you think otherwise??
Juror #4: So what is the consensus here? I want to be on the right side of this.
Juror #5: I say guilty! Well, I am pretty sure he is guilty. Unless you think otherwise. What do our internal polls show?
Juror #6: Our Internal poll shows 0% Guilty, 0% Innocent, 100% Not Sure Until I Know What Everyone Else Is Going To Do.
Juror #7: I think we need to spread some patchouli oil, meditate on this, then have some miso.
Juror #8: I would like to vote innocent, but I hate to be so judgemental.
Juror #1: Well, we have been in here 2 hours. Currently the vote is 1 Innocent, 1 Guilty, Everyone Else Waiting For Everyone Else.
Etc., etc., etc.,
Moderates: Too cowardly to take a stand on anything unless it is with the majority.
FWIW: "Grand Juries" do not decide guilt or innocence. They determine whether criminal charges should be brought which could result in a trial. It is there a petit jury would make a determination of guilt. In other words, the Grand Jury decided there was insufficient evidence for the filing of criminal charges.
You are correct - from experience having served a month on grand jury duty. The grand jury just decided not to indict him on the charges.
Am I the only one wondering if Marvin's middle name, or nick name is "Sig"?
Sounds like Durst needed a good butt kickin' rude little twerp.
Dang, no you're not. But you were the next to the last post when I viewed the thread. I was going to make the same observation! I just love to wear my SigArms shirt to school. None of my colleagues "gets" it.
"Interesting. "Durst" is one of the few names that we know is of Pictish origin"
Well, if you don't pictish, den you gotta pictdat...just pictsomethin'...
Thank you for the reply. I know about that. But, it does not take away from my point: Moderates are those that are too cowardly to take a firm stand on anything, especially when it goes against the majority. Moderates makes decisions based on what the majority of people say, rather than standing on moral and values.
Personally, I believe moderates should be kept from breeding.
My son used a Ruger lock on his bike at school. When the school LEO saw it he just smiled.
The grand jury deliberated for seven hours before clearing Sauer.
1. My husband is not a twerp or a dumbass. He is a 38-year-old engineer, Magna Cum Laude graduate from Washington State University, and a decorated combat veteran who nearly lost his leg in the invasion of Panama (1st Ranger Batallion, 75th regiment; Ranger tab, Purple Heart, Combat Infantryman's Badge, etc., etc.).
2. The grand jury did not deliberate for 7 hours. Associated Press writer Steven DuBois in the Portland, Oregon office messed up his rewrite. The grand jury heard 7 hours of testimony. I have asked the AP to issue a correction to their story as, among other things, they said my husband was "in" an all-terrain vehicle. He was riding a Yamaha Raptor (396-pounds) and not riding in a Jeep, or some other enclosed, one-ton-plus ATV.
3. The District Attorney of Baker County sold the grand jury a bill of goods. There were a total of 14 witnesses (including owner of a construction company, owner of commercial real estate, and a couple of grandparents) to what Mr. Sauer did, including our two small children. Mr. Sauer initiated the conflict with our party. He drove up to the area where we were riding, stopped for a minute or two (we were at an intersection and I thought he didn't know which was to go), then gunned his truck (with camper) through a zero-visibility cloud of dust and nearly ran over my husband and could have ran over one of the children who was riding a quad (there were four quads operating in the area and three of them had children aged 15 and under riding on them). After Mr. Sauer's stunt, the men in our party went to where Mr. Sauer had parked and told him he could have killed one of our children. Mr. Sauer ranted that we were riding in a protected area.
4. MR. SAUER DID NOT FIRE A WARNING SHOT. A person would, indeed, have to be stupid to not react appropriately to a warning shot. Mr. Sauer was convinced that we were riding our quads in an area that was a protected wildlife preserve (It was not. He was mistaken). He was taking photos of us and my husband rode near him to give him something to take a photo of - to be a jerk, sure, but that should not get a person shot. While my husband was spinning a cookie in the middle of the road, Mr. Sauer fired three quick shots at him with a handgun loaded with hollow-points. He missed with the first and third and nearly killed him with the second. His femur was shattered and his femoral artery was near-fatally damaged. He lost half of his blood most of it in the gravel road between where he was shot and getting back to our friends Expedition - and his surgeon was very impressed that he even lived.
5. After Mr. Sauer shot my husband, he hopped in his truck and drove down the road to where I was loading up my husband of 17 years, trying to run us over. A friend in another vehicle put himself between us.
6. Mr. Sauer tried to prevent us from getting to the hospital. He chased us for 35-miles on a winding, two-lane highway, keeping within a few car lengths of us while we were doing 80+ MPH. He told the police he was heading into town at the same time as us. In a Ford with a large cab-over camper.
My husband, my children, our friends, their children - we all were victimized by Mr. Sauer that day. And we were further victimized by the crap that Mr. Shirtcliff (Baker County DA) presented to the grand jury. There is a saying that "you could indict a ham sandwich" - if that's what the DA wants, or you could NOT indict an attempted murderer. Baker County is a very small county. Prosecuting Mr. Sauer would likely have wiped out their entire budget. They would have needed experts to tell them that the x-rays of my husbands leg do, indeed, show that the bullet entered his thigh from the side and back, thats why there are all of the nifty little lead fragments from his hollow-point behind my husbands knee and the point of entry is in his thigh. Not center of mass, nor elsewhere in the front of his body. Ever try to run over something (a log, or tree root on the trail) with your body contorted so that your thigh is facing forward and your knee is facing almost behind you? Youd crash.
This case, though there isnt one now, is a complete and total injustice. Mr. Sauer is not a hero for protecting his wife and himself. They didnt need protecting. We were having a wonderful day until that guy drove his truck into the middle of our group and started causing problems.
My husband will be in pain for the rest of his life and will likely never regain full use of his foot due to nerve damage, and may even loose his job because its hard to think clearly or even sleep when youre in constant pain.
Yippee for Mr. Sauer. My hero.
Heres your tip for the day: dont believe everything you read. And if you do, wait until you get written about in the paper and its all screwed up. Nothing like having lies written about you or a loved one. And nobody cares because the victim always says but it wasnt my fault!
Have a great evening. It'll be a long time before we do.
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Funny, but I can assure you there is no miso in Baker County. I suspect they had a public school teacher on the jury that was holding out for a guilty, the rest of the inhabitants are the shoot, shovel and shut up types.
OTH, one should not discount the free lunch theory.
Well, were you or were you not riding in a prohibited area? Not that it makes it right on that reason alone to shoot a person, just curious. Disobeying the rules/law tells you a lot about a person's demeanor.
I feel compelled to respond to Mrs. Durst as she has raised several interesting points.
1. I have the utmost respect for the commitment and sacrifices of those that have served our country in the military forces. And it also takes great commitment to graduate Magna Cum Laude. However, neither of those accomplishments stops someone from being a bully prone to violence and that is exactly what Mr. Durst is.
2. Your husband was riding on a Yamaha Raptor racing ATV. The only dust on the road that could have caused confusion for anyone was created by Mr. Durst coming out of the rangeland, jumping the burm at the side of the road and spinning circles in front of our pickup on the gravel road that we were trying to drive down. The children were off the road riding on the rangeland.
3. When three adult men came down the road to talk to us, there wasnt anything said about the children. They were extremely agitated and belligerent that we had driven through their group. They let us know that they were blocking the road and we would Play hell getting out and Mr. Durst yelled Im going to kick your ass old man. We were parked at the end of a dead end road and there wasnt any other way out. When Mr. Durst came back down the road into our camp about 2 minutes later riding his racing ATV at a high rate of speed and attacked us, we were reasonable in assuming our lives were in danger.
4. Yes Marvin fired a warning shot, someone from Dursts own party testified to that fact during grand jury. After the warning shot, Mr. Durst turned his quad and rode straight towards Marvin. Again someone from Dursts own party testified to that. There were two rounds missing from the clip along with two empty casings retrieved by OSP at the scene.
5. When we tried to leave the area to go to the Sheriffs office, the road was blocked with vehicles and they were not going to let us through. Even though we advised them we wanted to go to the Sheriffs office and report the incident, it was still a couple of minutes before someone in the Durst party told the others to move their vehicles so that we could get through.
6. Anyone familiar with the area and highway know that a large pickup and camper isnt able to drive the road at 80 mph and it was only 16.1 miles (verified with a GPS) from the location of the shooting until traffic was stopped on the highway. When we were stopped, we were a dozen or so vehicles behind Durst. Because of the false 911 call placed by someone in Dursts party, we were approached aggressively on the highway by law enforcement officials with guns drawn and taken into custody.
7. The Durst party had barricaded the road and threatened us with bodily harm. They had total control of the situation. Marvin doesnt consider himself a hero for his actions. He did what was necessary given the life-threatening circumstances.
8. The Oregon State Police and the Baker County Sheriffs office investigated the incident and in addition to the Baker County District Attorneys office and citizens of Baker County felt Marvins actions were reasonable
9. Everyone involved in this incident lost, there were no winners. Especially the children that were encouraged to vandalize federal property, witnessed the intimidation and terrorizing actions of the adults in their party and witnessed the serious consequences for those actions.
10. And Mrs. Durst is right; no one likes to have lies written about yourself or a loved one. And the victim always says but it wasnt my fault!. But who is really the victim?
Interesting exchange of perspectives...