By Joe Hathaway on Wednesday, January 24th, 2024 in More Top Stories Northeastern Oregon News
LA GRANDE — (Release by the Union County District Attorney’s Office) On June 8, 2023, Officers Johnson and Carmen of the La Grande Police Department were dispatched to Safeway on a report of a transient camp near the railroad tracks. Officers arrived and began searching for the camp when Officer Carmen noticed two men, hiding behind an electrical box, identified as Mr. Richardson and Cory Hamilton.
Officer Carmen knew Mr. Hamilton from a 2021 incident where he threatened a woman with a hatchet and injured her dog. An open folding knife stuck in the ground and drug paraphernalia were located nearby, behind the electrical box. Mr. Hamilton started digging through his backpack and pockets when told he was going to be patted down. Officer Carmen stopped Mr. Hamilton from digging in his pockets and located a baggie of Fentanyl pills in Mr. Hamilton’s pocket during the pat down.
Mr. Hamilton was advised he was being detained and began pulling away. He broke free from one of the officers, and was taken to the ground where the struggle continued. Sheriff’s Deputy Flowers arrived on scene and used his Taser to no effect. During the struggle, Mr. Hamilton was able to obtain Officer Carmen’s baton. LGPD Sgt Gridley arrived to take control of the arm with the baton while State Trooper Delatori took control of Mr. Hamilton’s legs. The five law enforcement officers eventually were able to restrain Mr. Hamilton. Officers Carmen and Johnson sustained abrasions to their knees and arms during the incident.
The case was transferred to Chief Deputy District Attorney Ryan Rodighiero. An amended indictment was obtained charging Mr. Hamilton with two felony counts each of Assaulting a Public Safety Officer and Assault in the Fourth Degree, each of the charges carrying a presumptive twenty-five to thirty-month prison sentence (based on criminal history); along with Disorderly Conduct in the Second Degree and Resisting Arrest, both misdemeanors.
A multi-day jury trial was held on November 16th, 17th and 20th of 2023 where the jury found Mr. Hamilton guilty of both counts of Assault in the Fourth Degree, Disorderly Conduct, and Resisting Arrest, but not guilty of Assault on a Public Safety Officer. Mr. Hamilton requested a judge decide the enhancement facts filed by the State. The defense subsequently filed a motion to set aside the jury’s verdict as to the assault convictions which the Court denied on December 18, 2023. At the enhancement fact trial on January 5, 2024, Judge Powers found beyond a reasonable doubt that Mr. Hamilton was (1) persistently involved in similar offenses; (2) on supervision at the time of the offense; and (3) demonstrated a disregard for laws and rules.
At the sentencing hearing on January 5, 2024, the State requested a sentence of 85 months of prison and two years of post-prison supervision. The defense asked for a probationary sentence. Judge Powers imposed 61 months of prison with eligibility for early release and 35 months of post-prison supervision.