This morning I went to Dave Eaton's arraignment and Kathie from Victim's Assistance went with me. She has been looking for people in the United States to consider Elena's family. Please give her a call, because I think it would encourage her that Elena does have "family" here.
Dave was quiet as he stood behind the glass. He stood still, his eyes kept going around the room to assess who was present and whether he recognized anyone. He did not look sad, to me. He looked nervous, to me. He saw me. The room was not big at all. Yes he knows me. He knows that I love Elena. He knows that I would take care of her so much as she permitted me in to her circumstances. I know that I am not alone in feeling this way. Glennis, Doris, the Church. Linda, Sandra, they all loved her just as I did. I felt them with me as I sat there looking at Dave.
He has a woman lawyer. This is someone different than his divorce lawyer. He did not make a plea today. All that happened is that he was formally charged with murder. Before today he was kept in jail based on the arrest suggesting he be charged with murder. Murder carries a 25 year sentence. This sentence comes without any kind of parole, or good behavior, or anything. They do not find people guilty in ways such as murder in the first degree, murder in the second degree, etc. here in Oregon. They have aggravated murder, which means premeditated from what I understand. They also have murder with a firearm. Both of those would be an additional number of years added to the 25. But he has not been charged with either of those by the grand jury.
At the end of the 25 years he could ask for parole or release, but sometimes the courts will delay even hearing these for 2-5 years. Dave would be 70 years old when the 25 year sentence is up.
The maximum sentence for murder is life, in prison.
There is a chance he will plea not guilty. If he pleas not guilty, based on a case for self-defense which he already admitted to authorities was a false statement, there will be a trial. A trial has the potential to last a minimum of one year in duration. All the dirty laundry will be pulled out so to speak.
His lawyer said today that she has not even had the chance in these number of days to do what is called "discovery." It's a basic sizing up of the case. The lawyer needs a chance to pour over all the evidence. The lawyer will make an advisement to Dave as to what he should plea. And then he will make a plea.
All of the court dates from this point will be held downtown in the Marion Co. Courthouse. It is possible that they will not bring him out of the jail on Aumsville Hwy. to appear at these dates. It is possible that the lawyer may declare his plea on his behalf without him in attendance.
There may be a couple of court dates before his plea is said. Things are basically going to go slow.
The next court date is December 13th. I believe Judge Lee is presiding over this case.
she do have family in me. i cared for her so much and was awating her return to me he will never know how he riped my heart out. she was a special life that i dont know how to live with out
ReplyDeleteWhat’s so wrong with the system? Why rather than help people we would let them die I did’ent know her long but I cared for her. The first thing said about her was that she smoked mariwana and because she did it made her a bad person. She grew up in Russia and she had been in the country in a foreign exchange. I think from the beginning she didn’t have a lot of people to care for her. First
ReplyDeleteno matter what a person dose in life few things equal death. People would tell me that she’s on drugs that were prescribed by her doctor. The bottom line was she was in a bad place mentally. What is it that makes us abandon each other when we need it the most? A thing that I learned about her was that love keeps you going which is why I feel so tragically sad for her. I made an observation while dating I made an observation and I noticed it only because ive been there before and that was people used her because they dident understand her. And I ‘ve been victim by ill advice given several times I noticed what was going on and I made mention of this a lot and because she believed that the cared enough about her that they would not let nothing happen to her she followed their advice. I lived through an instance where a older American female was trying to press her dominance over her as if she was better than her and when she lost respect for her and tried to defend herself she was treated even worse. That’s why She dident like meeting new people because of thing that would happen like this all the time. While being an open person she was still from Russia and she wanted what she wanted . The people that under stood her the most and why she did things understood her. I wanted to love, protect, and keep her safe what a true friend would have done but after Linda talking to my dad (and everyone she came in contact with) he wanted her gone when I said it would be ok if she stayed here ran back to linda because she thought that linda would help her. Yes she was killed by her husband but she was most definitely led down this road. I know a lot of you would say that “she went there of her own will” but I would say that if you created a mental box around her where felt trapped and had no choice but to do that then you are guilty as and will not get away. When did we forget that we are all just human?