GUILTY OR - Whitney Heichel, 21, Gresham, 16 Oct 2012 #3

[TreeClimbingGirl]

The Aggravated Murder charge is interesting and I don't believe this story is over. According to Oregon Law it's aggravated if there is more than one person being murdered, if the person has been convicted of murder before. If someone is under 14, If it happened as a result of torture or maiming that resulted in a death or if it occured where the perpetrator recieved money for me.

My guess, either she was pregnant or he was paid. And would they have been able to confirm she was pregnant by the time they announced the arrest? She had just been found almost at the same time.

Sub-section D in the aggravated murder code states the following:

(d) Notwithstanding ORS 163.115 (1)(b), the defendant personally and intentionally committed the homicide under the circumstances set forth in ORS 163.115 (1)(b).

ORS 163.115 (1)(b):

When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants:

(A) Arson in the first degree as defined in ORS 164.325 (Arson in the first degree);

(B) Criminal mischief in the first degree by means of an explosive as defined in ORS 164.365 (Criminal mischief in the first degree);

(C) Burglary in the first degree as defined in ORS 164.225 (Burglary in the first degree);

(D) Escape in the first degree as defined in ORS 162.165 (Escape in the first degree);

(E) Kidnapping in the second degree as defined in ORS 163.225 (Kidnapping in the second degree);

(F) Kidnapping in the first degree as defined in ORS 163.235 (Kidnapping in the first degree);

(G) Robbery in the first degree as defined in ORS 164.415 (Robbery in the first degree);

(H) Any felony sexual offense in the first degree defined in this chapter;

(I) Compelling prostitution as defined in ORS 167.017 (Compelling prostitution); or

(J) Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree), and the victim is under 14 years of age, or assault in the second degree, as defined in ORS 163.175 (Assault in the second degree) (1)(a) or (b), and the victim is under 14 years of age; or

We know that he abducted her, stole her car (therefore committed a robbery) and I have a feeling he sexually assaulted her, so he more than qualifies for an aggravated murder charge.

ETA-this is also known as the felony murder rule, and is the most common special circumstance that qualifies someone for the death penalty.

 

[scadder21]

This is what I'm going on......

163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:

(1)(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.

(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.

(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.

(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.

(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.

(f) The victim of the intentional homicide was a person under the age of 14 years.

http://www.leg.state.or.us/ors/163.html

 

[Boodles]

The Aggravated Murder charge is interesting and I don't believe this story is over. According to Oregon Law it's aggravated if there is more than one person being murdered, if the person has been convicted of murder before. If someone is under 14, If it happened as a result of torture or maiming that resulted in a death or if it occured where the perpetrator recieved money for me.

My guess, either she was pregnant or he was paid. And would they have been able to confirm she was pregnant by the time they announced the arrest? She had just been found almost at the same time.

NO. Aggravated murder criteria is broader that you stated.

Treeclimbinggirl (posted above) has it right. It's important to be accurate about this so as not to start rumors.

 

[Inspector Gidget]

Clackamas County DA office says Jonathan D. Holt will be arraigned in Clackamas County Monday in Whitney Heichel's death. @Oregonian

 

[TreeClimbingGirl]

This is what I'm going on......

163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:

(1)(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.

(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.

(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.

(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.

(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.

(f) The victim of the intentional homicide was a person under the age of 14 years.

http://www.leg.state.or.us/ors/163.html

From your link-this is the full code:

163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:

(1)(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.

(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.

(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.

(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.

(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.

(f) The victim of the intentional homicide was a person under the age of 14 years.

(2)(a) The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system:

(A) A police officer as defined in ORS 181.610;

(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;

(C) A member of the Oregon State Police;

(D) A judicial officer as defined in ORS 1.210;

(E) A juror or witness in a criminal proceeding;

(F) An employee or officer of a court of justice; or

(G) A member of the State Board of Parole and Post-Prison Supervision.

(b) The defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody when the murder occurred.

(c) The defendant committed murder by means of an explosive as defined in ORS 164.055.

(d) Notwithstanding ORS 163.115 (1)(b), the defendant personally and intentionally committed the homicide under the circumstances set forth in ORS 163.115 (1)(b).

(e) The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime.

(f) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the custody of the facility. [1977 c.370 §1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993 c.185 §20; 1993 c.623 §2; 1997 c.850 §1; 2005 c.264 §17]

 

[SaRipdx]

sounds like the death happened at dodge park then as it is clackamas county

 

[scadder21]

It appears that 163.095 that i referenced was the new version after being amended in 2012.

It appears that what you posted was from 1998. I could be wrong though.

 

[Mama-cita]

So for those who aren't legally savvy like me could the aggravated murder mean it was because she was also kidnapped and/or sexually assaulted?

 

[Inspector Gidget]

sounds like the death happened at dodge park then as it is clackamas county

Move suggests Whitney Heichel was killed in Clackamas County; altho her body was found on Larch Mountain in Multnomah County. @Oregonian

 

[scadder21]

Doesn't that essentially mean aggravated murder is murder defined under 163.115 when the circumstances of 163.095 are in place.

163.115 are the conditions in which murder can be charged, if that occured and the conditions of 163.095 occur on top of it then aggravated murder can be charged.

 

[SaRipdx]

I Know that Dodge park is supposed to be locked up at night.. I wonder if it was locked up on Monday Night? If not the City of Portland could be held liable if he commited the crime in the park

 

[Inspector Gidget]

Makes sense now that someone said bloody clothes were found in Dodge Park.They could tell by DNA on those clothes whether she was deceased or not?

 

[scadder21]

I Know that Dodge park is supposed to be locked up at night.. I wonder if it was locked up on Monday Night? If not the City of Portland could be held liable if he commited the crime in the park

If we believe the timeline then what happened most likely happened after they opened up for the morning.

 

[SaRipdx]

Ya that park never opens that early...

 

[SaRipdx]

I drive by that park everyday... and Unless it is not locked the night before it usually does not open until later.

 

[scadder21]

Ya that park never opens that early...

When do you think it opens up? After 11am? Just curious.

 

[pugglesworth]

I hate to say it so bluntly, but I assumed the aggravated murder charge came from the fact that he most likely raped her and that they have physical evidence of that. After watching so many cases like this I just assume if a woman is murdered by a man she was more than likely sexually assaulted too. Sad but true.

As for the perp looking "off," it's not that I think his face is markedly abnormal. I did notice some traits that are unusual but it's hard to say without seeing what his parents, etc, look like, it might just be family traits. And of course it's always hard to tell what we're seeing just because we know he did something horrible. But he just looks a bit of a "space cadet" to me, the vacant expression.

 

[scadder21]

What time does it usually open?

 

[Indy Anna]

I don't think this monster has any sort of syndrome. He's just making a weird face in his mugshot, and happens to be an ugly man-inside and out.

Actually, his mug shot reminds me of a sixteen-year-old who got caught taking his parents' car for a spin around the neighborhood without their permission. To me, his expression says, "Uh, oh. I'm in trouble now." It doesn't look like he really comprehends the magnitude of what he did. But, I don't think it has to do with impaired cognition. I think it has more to do with a self-centered attitude. JMO

 

[SaRipdx]

Depends on the time of the year but usually in the fall it is opened around 8 am. Also I do not know about now but in the past it did have a combination lock on it where you could call and get the combo and let yourself in... The combo was changed weekly.