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

[scadder21]

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.

If it was locked can we assume that it happened after? The guard who showed up first to open could tell if it was left open correct?

 

[TreeClimbingGirl]

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.

IANAL but is how I interpret it. 163.095 is the OR criminal code for murder. Someone can be charged with murder if they cause the death of another person AND meet any of the criteria laid out in the various sections and sub-sections of 163.095. If the murder is committed in the course of another, separate felony (kidnapping, rape, robbery, arson, etc.) then the charge can be upgraded to 163.115- aggravated murder.

Does that make sense? I know the language is confusing...

 

[SaRipdx]

If it was locked can we assume that it happened after? The guard who showed up first to open could tell if it was left open correct?

Correct but only if it was closed the night before. Sometimes it is locked but sometimes it is not.

 

[MidwestMama]

Last night it was being discussed if she was pregnant. A poster stated that in Oregon if you kill a pregnant person you cannot be charged for two murders, as in the "fetus" is not considered a "person". So it would appear that IF she was pregnant (which we have no evidence of thus far) it would not "count" as more than one victim.

 

[Inspector Gidget]

Dodge Park Policies & Rules

7:00 am to 10:00 pm from Memorial Day until September 30
7:00 AM to 5:00 PM from October 1 to Memorial Day
http://www.portlandoregon.gov/water/article/196645

 

[scadder21]

(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.

This makes no sense to me. Nothwithstanding means despite.......so it says despite 1b, the murder was committed under the circumstances of 1b

 

[StreetcarRider]

Not saying the guy is innocent just that we don't have the whole story or if someone else is involved. It's probably a safe bet that its aggravated based on what you said. BUT some things just don't add up for me so I'm interested to see what connection this guy has to Clint. Also why are they still looking for tips about seeing him before she disappeared and after? You would think with DNA evidence and video surviellence from ATM's that it would be an open and cut case.

Police and attorneys typically interview scores of friends, acquaintances, witnesses, neighbors, and family before going to trial in any murder case, much less a case as high profile as this one. The fact that they're still looking for tips seems normal to me.

Now that there's a face and a name to put to the suspect, people will likely be able to provide helpful information.

 

[scadder21]

I'm going to just wait to see what comes out of this because this language is confusing to me. I wasn't a lawyer for a reason lol.

 

[scadder21]

Police and attorneys typically interview scores of friends, acquaintances, witnesses, neighbors, and family before going to trial in any murder case, much less a case as high profile as this one. The fact that they're still looking for tips seems normal to me.

Now that there's a face and a name to put to the suspect, people will likely be able to provide helpful information.

Have they publically stated it was just him?

 

[Indy Anna]

Dodge Park Policies & Rules

7:00 am to 10:00 pm from Memorial Day until September 30
7:00 AM to 5:00 PM from October 1 to Memorial Day
http://www.portlandoregon.gov/water/article/196645

Thank you, Gidget! The drive to Dodge Park from the apartment is nearly 30 min. We don't know what happened to Whitney on the way to work - if she was approached by JH in front of the apartment when she went out to her car, and if there was any sort of confrontation. That would have delayed their departure time. So, it would have been well after 7:00 a.m., IMO, closer to 7:30 a.m. or later before they reached the park.

http://goo.gl/maps/vGlIR

 

[TreeClimbingGirl]

It is called the felony murder rule. If someone commits a murder in the commission of another, separate felony, then murder charges can be upgraded to aggravated murder. In this case that other, separate felony would be kidnapping and/or robbery. Possibly rape as well, but we don't know that yet.

It really isn't as complicated as the language makes it seem

 

[gngr~snap]

Can someone help me here?
IF he was seen by a "gas attendant" with a "woman"
with in miles of the apartment complex at or around
9:15am does it reason that it could have been her?
Would he have had time to drive to the 1st area and kill
her THEN go the 2nd area to dump her body?

IMO another woman IS involved ~perhaps only in a cover-up
or even unknowingly... but there is NO WAY that was
Whitney seen with him (if the attendants acct was even accurate)...

 

[StreetcarRider]

Have they publically stated it was just him?

No. It's not likely that anyone would do that while they're still building a case. For what it's worth, the police neglected to say that Charles Manson didn't do it, either.

 

[scadder21]

Wouldn't they also have to prove the felony being committed? i.e. that she was taken forcibly rather than going with him on her own free will. It can be assumed the she went against her will but that would have to be proven in court for the aggravated to be valid correct?

 

[pugglesworth]

I could be wrong, but I really don't think he had an accomplice. I think the crime is so scattered because he didn't really plan it beyond the basics, he was just going on impulse.

One reason they would be interested in where he was in the preceding days is to try to find out how premeditated the crime was, which could be very important in a death penalty case. For instance if he bought supplies, said odd things, or otherwise indicated he was plotting something.

They may also be concerned that he hurt someone else in the past. There are a LOT of cold cases around here. That one is less likely, granted. I think they just really have to cover every base if death penalty might be on the table, because of the appeals.

 

[scadder21]

Can someone help me here?
IF he was seen by a "gas attendant" with a "woman"
with in miles of the apartment complex at or around
9:15am does it reason that it could have been her?
Would he have had time to drive to the 1st area and kill
her THEN go the 2nd area to dump her body?

IMO another woman IS involved ~perhaps only in a cover-up
or even unknowingly... but there is NO WAY that was
Whitney seen with him (if the attendants acct was even accurate)...

The only person to mention the gas attendant was Clint and the police haven't even commented or acknowledge that "fact".

 

[gngr~snap]

Have they publically stated it was just him?

:waitasec: hmm... I do recall in many PAST press conferences
(other murders) LE did say "We believe he acted alone"

In THIS case I do not recall that being said- good question!!

 

[TreeClimbingGirl]

Wouldn't they also have to prove the felony being committed? i.e. that she was taken forcibly rather than going with him on her own free will. It can be assumed the she went against her will but that would have to be proven in court for the aggravated to be valid correct?

Yes, but at this point they have probable cause to believe she was taken against her will, which means they have enough evidence to support a charge of aggravated murder. A conviction is a different story...

 

[gngr~snap]

The only person to mention the gas attendant was Clint and the police haven't even commented or acknowledge that "fact".

ok. Thank You!

I think they are in need of an eye witness or 2 placing him
in the areas of gas stations/ATM's to assure he was alone.
moo

 

[scadder21]

Yes, but at this point they have probable cause to believe she was taken against her will, which means they have enough evidence to support a charge of aggravated murder. A conviction is a different story...

If the guy wasn't a flight risk and they could easily have had the FBI keep eyes on him why would they arrest him until they were confident they could get a conviction not just a charge. It's just weird to me. Unless they are going to use that aggravated to get him to plea down to regular murder.