HILLSBORO, Ore- On August 23, 2023, a Washington County jury found Chad Brandon Pitcher guilty of Manslaughter in the First Degree and Unlawful Use of a Weapon. On September 1, 2023, Judge Janelle Wipper sentenced the defendant to 180 months in prison with credit for time served. Chief Deputy District Attorney Jeff Lesowski and Deputy District Attorney Nadya Martin prosecuted this case. 

The defendant was originally convicted in 2019. However, the jury returned non-unanimous verdicts on two of the original three counts. The case had to be retried after the U.S. Supreme Court ruled in Ramos v. Louisiana that non-unanimous verdicts in state trials for serious criminal offenses violated the Sixth Amendment right to a fair trial.

The defendant targeted the victim, Reiner Schmolling, after he learned he stole his vehicle. On September 19, 2017, Mr. Pitcher and Christopher Jay Stephens, a co-defendant in the original trial, drove to a rural area outside North Plains, Oregon, and confronted Mr. Schmolling. Both men were armed with handguns. Mr. Pitcher then shot the victim once in the chest. The victim died at the scene. 

The defendant left the area in his vehicle but abandoned it a short while later after it ran out of gas. Information found in the car helped investigators identify Mr. Pitcher as a suspect. Mr. Stephens was identified as an accomplice in the crime. 

On September 28, 2017, Mr. Stephens was arrested by members of the Washington County Major Crimes Team. He confessed to driving Mr. Pitcher to the crime scene and admitted he fired one round from his own handgun. Mr. Pitcher remained a fugitive for several weeks. He was tracked to Wilsonville, Oregon by the U.S. Marshals Fugitive Task Force and was arrested on October 8, 2017, after jumping from a second-story apartment balcony.

The Washington County District Attorney’s Office acknowledges the work of the Washington County Major Crimes Team and the U.S. Marshals Service on this case. 

Media contact information
Stephen Mayer
Public Information Officer
971-708-8219

This graphic from the Oregon Judicial Department provides a summary of the unrepresented defendants in Washington County Circuit Courts, as compared to other Oregon counties.

Source: Oregon Judicial Department

HILLSBORO, Ore.- In response to a federal court ruling issued today in Caleb Aionia, et al. v Patrick Garrett, et al., (3:23-cv-01097-CL), which requires the Washington County Sheriff to release from jail unrepresented defendants facing criminal charges within 10 days, District Attorney Kevin Barton makes the following statement:

I once again call on state leaders to act with urgency to take immediate and meaningful action to address the unrepresented defendant crisis.

Defendants have a right to an attorney, victims have the right to a day in court, and the public has a right to a functional criminal justice system that keeps people safe.  All three of these rights must be honored.

There are solutions to this crisis.  We have proposed several potential remedies to the Washington County Circuit Court (see Motion to Identify Defense Counsel Without Delay and Increase Defense Attorney Compensation as Needed, case no. C130935CR).  We will continue to advocate in court for these and other proposals to be implemented immediately to keep our community safe.

 

Additional Information:

Three area defense attorneys are also calling for action. Robert Harris, James Jensen, and Jennifer Robins each submitted declarations of support for our motion.  

Media contact information
Stephen Mayer
Public Information Officer
971-708-8219

HILLSBORO, Ore.- On July 27, 2023, a Washington County jury found David Michael Smith, age 36, guilty of Unlawful Sexual Penetration in the First Degree and two counts of Sexual Abuse in the First Degree. Deputy District Attorney Chris Lewman prosecuted the defendant before Judge Oscar Garcia.

In May of 2022, the child victim reported that the defendant, who was known to her, sexually abused her. The Oregon Department of Human Services (DHS) alerted the Washington County Sheriff's Office of the allegations. Investigators met with the victim’s family. The child also met with medical experts at CARES Northwest where she provided additional details of the abuse.

The Washington County District Attorney’s Office commends the victim for her bravery throughout this process. We also acknowledge the work of DHS, the Washington County Sheriff’s Office, and CARES Northwest.

A sentencing hearing is scheduled for August 15, 2023.

Media contact information
Stephen Mayer
Public Information Officer

HILLSBORO, Ore.- On July 19, 2023, a Washington County jury found Rafael Avalos-Lezama, age 45, guilty of two counts of Sodomy in the First Degree and three counts of Sexual Abuse in the First Degree. Deputy District Attorney Chris Lewman prosecuted the case against the defendant before Judge Janelle Wipper. 

In April of 2021, one of two young victims in this case disclosed sexual abuse committed by the defendant. The Beaverton Police Department began investigating. Both victims provided details of the abuse to investigators and medical experts at CARES Northwest. 

Prior to his most recent arrest, the defendant was convicted of Identity Theft after authorities discovered he was using a stolen identity to avoid capture on an active arrest warrant for second-degree rape, involving a 12-year-old child, in Yamhill County, Oregon. 

The Washington County District Attorney’s Office commends the victims for their bravery throughout the legal process. This office also acknowledges the work of the Beaverton Police Department and CARES Northwest. 

A sentencing hearing is scheduled for September 12, 2023. 

Media contact information
Stephen Mayer
Public Information Officer

HILLSBORO, Ore.- On July 12, 2023, Richard Rankin Fellers, age 63, pleaded guilty to two counts of Sexual Abuse in the Second Degree. On October 27, 2023, Judge Ted Sims sentenced the defendant to a total of 30 months in prison. This plea agreement was part of a collaborative deal between Mr. Fellers, Washington County, and federal prosecutors. As part of that deal, Mr. Fellers also pleaded guilty in federal court to charges related to crossing state lines while on the horse show circuit to engage in illicit sexual conduct with a minor. Per the global plea agreement, Mr. Fellers will serve a total of 50 months in federal detention. Deputy District Attorney Rayney Meisel prosecuted the State charges in this case.

Mr. Fellers is a former Olympian who worked as an elite equestrian coach. The victim was 14 years old when she began training with the Defendant at his facility in Tualatin, Oregon. The victim lived on her own while her family remained in California.

When she was 16, Mr. Fellers told her he loved her and coerced her into a sexual relationship. He abused the victim multiple times in Washington County, Oregon, and in other states while traveling for equestrian competitions. The abuse came to light in the summer of 2020 after a family friend and the defendant’s wife witnessed the abuse firsthand.

“Mr. Fellers has known the victim since she was 11 years old. He was revered and beloved within the equestrian community, and she idolized him. He took advantage of that.” Deputy District Attorney Meisel said while discussing the case in court. “At 14, her family entrusted their child to the safe-keeping and coaching of Mr. Fellers, and the victim entrusted him with her Olympic hopes and dreams. What was taken from her is immeasurable. What she has had to endure from her community and the public in the wake of this exposure is immense. I am in awe of her strength and poise as she navigates this process and advocates for herself and others in similar positions.”

The Washington County District Attorney’s Office wishes to commend the victim for her bravery throughout the legal process. This office also thanks the Tualatin Police Department for its work.

Media contact information
Stephen Mayer
Public Information Officer

HILLSBORO, Ore.- On July 5, 2023, Washington County Circuit Court Judge Oscar Garcia found Mariano James Polanco guilty of Attempted Murder in the Second Degree, Assault in the First Degree, Failure to Perform Duties of a Driver to Injured Persons, and Driving While Suspended or Revoked. On July 7, 2023, Judge Garcia sentenced Mr. Polanco to 90 months in prison. Deputy District Attorney Sean Kallery prosecuted the case against the Defendant. 

On July 2, 2022, Mr. Polanco, age 45 at the time, parked his truck next to the victim’s recreational vehicle and began harassing him. He threw plastic bottles at his vehicle and played loud music. The victim, age 60 at the time, confronted the Defendant. The victim used his cane to try to prevent the Defendant from attacking him. The Defendant then kicked the victim away from the Defendant’s truck before exiting his vehicle, causing the retreating victim to hold his cane like a baseball bat to prevent the Defendant from closing the distance. 

The Defendant then told the victim he was going to kill him and that he was a dead man. Mr. Polanco got back into his truck, reversed it, and accelerated at a high rate of speed directly into the victim. He suffered serious injuries and had to be taken to the hospital.

Hours later, police spotted the Defendant in his truck and stopped him. They noted damage to the front of the vehicle consistent with the crime scene. They matched debris left at the scene to damage on the truck. They also used video captured days earlier of the victim’s truck to confirm the damage was caused recently. 

The Washington County District Attorney’s Office acknowledges Hillsboro police for their work on this case.

Upon completion of his sentence, the Defendant will also serve three years of post-prison supervision. Mr. Polanco will be transferred to the Oregon Department of Corrections to begin serving his sentence. 

Media contact information
Stephen Mayer
Public Information Officer

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