Cannon Tally Sentenced to a Youth Correctionally Facility-Victim’s Mother and Baker DA speak out
By Joe Hathaway on Tuesday, August 1st, 2023 in More Top Stories Northeastern Oregon News
Update: BAKER CITY – The mother of a teen who was shot and killed is now speaking out against Oregon’s juvenile crime laws after her son’s killer was sentenced.
18-year-old Cannon Tally pleaded guilty in Baker County Circuit Court to second degree murder and unlawful use of a weapon for the 2022 death of 16-year-old Justin Rothenberger.
Tally was 17 at the time of the shooting and was charged as a juvenile by the state, despite Baker County District Attorney Greg Baxter’s petition to try him as an adult. Tally was sentenced to be incarcerated at MacLaren Youth Correctional Facility in Woodburn, where he will be released in 2030 when he turns 25, under Oregon law.
During the sentencing hearing, Baxter said on the night of July 13, 2022, Tally and Rothenberger were among a group of friends hanging out by Baker High School. Rothenberger had a gun on him that he took from his mother after he had been previously robbed. While showing off the gun to the group, Tally grabbed the gun from Rothenberger and shot him twice in the head, then fled the scene. He also threatened to kill the other teens in the group. Rothenberger died at the scene and Tally was later found and arrested.
Baxter said Tally has never explained why he shot Rothenberger.
During sentencing, Rothenberger’s mother Crystal Harding and sister-in-law Jocelyn Rothenberger made emotional statements to the court and directly to Tally about their loss of Justin and their anger over Tally’s sentence.
“It’s a joke. You get to live your life, my son does not. You get the chance to start a family and continue to love yours, my son does not.” said Harding while addressing Tally.
“He made the adult choice of taking someone’s life, he deserves adult consequences.” said Jocelyn.
Baker County Circuit Court Judge Matt Shirtcliff also addressed Tally when sentencing him, calling the murder a “senseless act” and saying Tally was “extraordinarily fortunate” that he was 17 when he committed the murder and that the state decided to try him as a juvenile. If Tally had been 18 he could potentially have been sentenced to possibly up to 25 years in prison, the judge said.
After court was adjourned, Harding spoke with Elkhorn Media Group about her disappointment in Tally’s sentencing.
“It’s sickening and this is not justice. I feel like we were just slapped in the face. They just put him in an extended timeout. He gets free room and board and a free education. It’s ridiculous.” said Harding.
Baxter said in juvenile cases such as this, the state evaluates certain criteria to decide whether to charge a defendant as an adult or juvenile. In Tally’s case, the state evaluators decided to charge him as a juvenile, citing that Tally lacked “sufficient adult sophistication and maturity” under Oregon law ORS-419c.349.
Harding says she plans on sending letters to the state legislature and contacting elected officials in an attempt to change some of the laws regarding youth offenders who commit violent crimes.
“I want to speak up for parents who are in the same situation as me,” said Harding. “They’re just giving kids permission to do whatever they want with these laws.”
Harding also says she wants her son to be remembered as an outgoing, kind kid.
“He’d talk to anyone, he was very social and loved to meet new people. He was just nice to everyone.”
The following statement has been released by Baker County District Attorney Greg Baxter Jr.
“As the district attorney who handled this case, I feel like I need to add a few things to this article to make sure that the public fully knows what occurred today. Consider this my press release.
A little over a year ago, on the day of the shooting, I came into the office to file a motion that would allow us to potentially move this case from the juvenile courts to the adult court. I felt like the brutality and senselessness of the crime would give me a good argument for having this case get moved up to the adult court.
Under ORS 419c.349, the juvenile is required to undergo evaluations to determine whether or not he fits the criteria to be moved into the adult court. At the time, in the whole state of Oregon only two juveniles had had their cases moved from the juvenile court to the adult court, since the law changed in early 2020. That did not bode well for our motion, but it was the right thing to do. I hand picked the evaluator who had participated in those very two cases. Recently I received her evaluation. It was very clear to her, to me, and to everyone else that read the evaluation that the defendant would not be able to be waived into the adult court. He just did not fit the criteria. Therefore, I made the decision to concede my motion and handle this case in the juvenile court. The judge did not have a say in that, law-enforcement did not have a say in that, and I kept the family in the loop every step of the way.
Unfortunately, under current juvenile laws, the defendant can only be held until the age of 25. That is not justice in my eyes and my heart breaks for the family. But I was required to follow the law. I have been open and honest with his family and they have supported my decision to follow the law, even though none of us agreed with the outcome.
Please let us remember Justin and his family in our thoughts and prayers.”
Previous: Cannon Tally pled guilty in Baker County as a juvenile to second-degree murder and unlawful use of a weapon in the 2022 shooting death of Justin Rothenberger.
He was sentenced to a youth correctional facility and will be released in 2030 when he is 25 years of age, under Oregon Law. The victim’s family emotionally addressed the court and tally. Tally did not address the court.
We will have more on this case and hear more from the victim’s mother soon.
The original incident information from July 13, 2022, can be found here
An update from July 19, 2023, can be found here
