Mar 30, 2015

Judge Feeney gives extra jail time to HCSO Deputy Olivera's assailant

This is a case I have followed in court and although Abram Stark has taken some positive steps since he assaulted HCSO Deputy J. Olivera, Judge Feeney after hearing from her, sentenced Stark to 365 days. Stark's case was not just cut and dry. He had a previous felony conviction in Oregon for possession of marijuana.

The case was prosecuted by DDA Roger Rees. He made sure that Judge Feeney heard from the victim before making a final decision.

After hearing Deputy Olivera's impassioned victim statement, the case that never went to preliminary hearing or jury trial would have previously resulted in 270 days.With this sentence, Stark will get some jail time. He will do community service and whether or not, and how many days he is SWAP eligible, is upto the jail.

Extra time because the Judge makes a tentative decision which he can change when he makes a final decision after hearing from the victim. Prior to today's sentencing, a tentative decision of 270 days was reached. The 365 days was Judge Feeney's final decision after receiving a pre sentencing report from Probation, hearing from Mr. Rees and Deputy Olivera.

What had been a routine call about a disturbance turned into a broken nose and concussion for Deputy Olivera. She answered the call and when she arrived at Stark's residence, he was drunk, he let her cuff him but then he tried to hit her and jump a fence. He missed several times but finally struck her. Deputy Olivera's radio was not working. She managed to get him arrested, requested back up, transported him to the jail and then passed out. Her partner got a call late night that she was being transported via ambulance to the hospital. She missed work as a result of this injury. She testified, this was not the first time Stark had encounters with law enforcement.

This is not a case media followed and I have sat in the whole resolution which has been going on for a couple of months. Stark's attorney Kathleen Bryson presented information to the court trying to explain mitigating circumstances. I have seen a change in Stark's demeanor in the last few months. The man in court today is not the same as a few months ago. However, it seems that he does not understand that the last couple of months does not undo the damage caused by his actions.

He talked with me briefly while we waited outside the courtroom during an afternoon break.  He was expecting to get community service and probation but not to be taken into custody today in cuffs.

Deputy Olivera said today, that when they sign up for the job, they do not sign up for the kind of abuse and treatment she got from Stark. Previously, when she also addressed the court, she mentioned the financial, emotional and psychological impact on her life. She urged Judge Feeney that he send a message to Stark that "there are consequences."


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