Federal judge rejects plea to cancel or delay Forest Service project; China Hat homeless must move

Barney Lerten

(Update: Judge’s ruling)

BEND, Ore. (KTVZ) — A federal judge in Eugene on Tuesday rejected a plea by homeless people living in the woods south of Bend to delay Thursday’s deadline to move out for a large, year-long area closure for a fuels reduction project.

U.S. District Judge Michael McShane denied the request in a lawsuit filed by four disabled homeless people and two service providers for a temporary restraining order to block the nearly 36,000-acre closure for the Cabin Butte Vegetation Management Project.

“Because the Cabin Butte Vegetation Management Project is slated to begin in two days, the Court wanted to alert the parties it would not be granting injunctive relief,” McShane said in a brief court filing, adding that his written opinion will follow.

Dozens of people who have lived in the Deschutes National Forest south of Bend, some for years, are dealing with Thursday’s deadline to move out and make way for a large area fuels-reduction project.

In a 28-page response filed Monday in U.S. District Court in Eugene, federal attorneys said the judge should deny the request in a lawsuit filed by four homeless individuals and two service providers, seeking a temporary restraining order to halt or delay the nearly 36,000-acre public closure tied to the Cabin Butte Vegetation Management Project.

The “plaintiffs … have not carried their necessary burden to obtain the drastic remedy of a TRO” against the Thursday, May 1 area closure, the attorneys told U.S. District Judge Michael McShane, assigned to the case.

They argued that the project opponents “fail to show a likelihood of success, or serious questions, regarding the merits of their claims. They also fail to show a likelihood of irreparable harm.”

The plaintiffs filed their own 24-page reply Tuesday morning, to “renew their claim that they have carried the necessary burden to obtain the drastic remedy” of a temporary restraining order against Thursday’s public closure of the area.

They claim the Forest Service failed “to take into account the adverse impact on the human environment” as required by the National Environmental Policy Act in the Cabin Butte environmental assessment. (You can read both sides’ filings below).

The Forest Service disputed that the four named homeless can speak on behalf of others living there. They also argued that “self-represented homeless service providers” Eric Garrity and Chuck Hemingway have no valid third-party standing, not being homeless or living in the area.

Summarizing the 26,000-acre project to conduct thinning, prescribed burning and other steps to lower the threat of wildfires, the agency noted that “no environmental advocacy groups have objected to the project and none have challenged the project in court.”

The attorneys also pointed to “a steady increase of human-caused fire starts in the area that correlates with the increase in the population in the (homeless) encampments,” submitting photos of trash and encampments, among other evidence to back their stance.

The project was approved in January 2023 after a years-long environmental review “process in which none of the Plaintiffs participated,” they wrote.

This year, they said, “Forest Service personnel have made early in-person notifications to homeless individuals in the China Hat (Road) area to provide individuals ample time to find more suitable living situations.”

“The Forest Service also has worked with local service providers regarding outreach and an appropriate strategy to implement the area closure,” the federal attorneys stated, often referring to “sovereign immunity” on related matters.

They also said the claim of “irreparable harm” if the project proceeds as planned “is undermined by their delay in seeking extraordinary equity” in the form of a court order.

The attorneys point to a news article in which one plaintiff said she plans to get help hauling her fifth-wheel RV to her mother’s property in Bend. Another had been moving her belongings to a supportive housing unit in Bend.

Meanwhile, in a letter to Forest Service officials from Hemingway dated April 18 and filed in federal court late last week, the plaintiffs offered to drop their lawsuit and withdraw their 80 disability complaints “if USDA and the Forest Service is willing to agree to a ‘rolling closure’ over the course of the summer and early fall while the weather is good to allow all those remaining on the land to relocate.”

Here’s the complete federal attorney’s response filing:

show_temp.plDownload

Here’s the plaintiff’s response, filed Tuesday:

show_temp.pl (1)Download

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Two dead in three-car crash in Nipomo Monday night

Caleb Nguyen

NIPOMO, Calif. – Two people died in a three-car crash just before 6:30 p.m. Monday at Orchard and Cherry Blossom in Nipomo, according to CAL Fire SLO.

The San Luis Obispo CHP confirmed Tuesday afternoon that 70-year-old Fernando Contreras of Santa Maria and 49-year-old Darlene Leticia Scruggs of Nipomo died in the accident.

Contreras, for an unknown reason, drove his Chevy directly into the path of Scruggs’ RAV 4 traveling northbound on Orchard Road with another 63-year-old Nipomo man in a BMW behind Scruggs, according to the SLO CHP.

Contreras rolled over in his Chevy and crashed into the BMW as it rolled, before the car rolled over on its side near a dirt area east of the roadway, according to the SLO CHP.

Scruggs’ car got pushed off the road onto a dirt path west of the roadway and the 63-year-old’s BMW came to rest in the northbound lane of Orchard Road following impact, detailed the SLO CHP.

Contreras is believed to have traveled the wrong way at an unknown high speed before the crash due to the severe damage on all three cars, according to the SLO CHP.

Both Contreras and Scruggs were pronounced dead at the scene due to their injuries and it is unknown if drugs or alcohol are factors in the crash, detailed the SLO CHP.

Both lanes were closed on Orchard Road due to the accident, according to CAL Fire SLO.

The crash remains under investigation and those with information are asked to contact the SLO CHP.

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Hazmat team called to Brown Station Road building Monday afternoon

Ryan Shiner

Editor’s note: The time was corrected in this story.

COLUMBIA, Mo. (KMIZ)

Columbia firefighters responded to a report of smoke coming from a building Monday afternoon in the 6500 block of Brown Station Road, according to a press release from the Columbia Fire Department.

An ABC 17 News reporter on the scene saw six Columbia Fire Department trucks, three additional CFD vehicles, two ambulances and an additional vehicle in the area around 5:30 p.m.

First responders were called at 4:59 p.m., arrived within seven minutes and saw smoke containing hydrogen chloride coming from a warehouse, the release says.

“The vapor was a byproduct of an industrial process at the business, and while sometimes routine, this release was not anticipated,” the release says.

CFD’s hazmat team was called and stabilized the scene, the release says. Crews monitored the area as the irritant burned. The release says there was no threat to the community or environment during the incident.

“Today’s response underscored why it is critical to have a highly trained hazmat team ready at a moment’s notice,” Fire Chief Brian Schaeffer said in the release. “Even though this incident turned out to be relatively quick to stabilize, the initial uncertainty required specialized expertise to quickly assess the situation and ensure public safety.”

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President signs Executive Order directing Sanctuary Cities to follow federal law or face loss of funding

Cynthia White

WASHINGTON, D.C. (KESQ) – President Trump’s push to crack down on illegal immigration may be affecting our local Sanctuary Cities.

Trump signed two Executive Orders on Monday, one allowing operations to make it easier to detain migrants. The second Executive Order will target Sanctuary City jurisdictions.

The Order directs the Attorney General and Secretary of Homeland Security to publish a list of state and local jurisdictions “obstructing federal immigration law enforcement.” The Order states that sanctuary jurisdictions will have an opportunity to correct the non-compliance of federal law.

The Order also says sanctuary jurisdictions that don’t comply with federal law may lose federal funding.

Right now, Cathedral City, Coachella, and Palm Springs are listed as Sanctuary Cities in the Coachella Valley.

Representative Ken Calvert issued a statement on Sanctuary Cities on Monday:

“Sanctuary policies put in place by Democrats do nothing but put the safety of American citizens at risk and make it harder to detain and deport dangerous illegal immigrant criminals. I support President Trump’s crackdown on these misguided policies.”

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CVAG approves final construction funding, Salton Sea extension study for CV Link

Shay Lawson

PALM DESERT, Calif. (KESQ)  – The Coachella Valley Association of Governments (CVAG) approved two major steps Monday to advance the CV Link project, an eco-friendly alternative transportation trail across the desert.

Officials voted to allocate an additional $15 million to complete final stages of CV Link construction.

Crews are expected to finish the current phase by the end of 2025.

The Executive Committee also approved a $1.2 million contract with Dokken Engineering to conduct a study on extending the trail from Mecca/North Shore, near the Salton Sea.

CVAG will split the cost of the study with Riverside County.

Tom Kirk, Executive Director of CVAG, said that study will start in the coming months.

“It’ll take about a year to do that work,” Kirk said.

The CV Link is designed for bicycles, pedestrians and low-speed electric vehicles.

Officials said it’s connecting several valley cities from Palm Springs to Coachella.

Stay with News Channel 3 for continuing coverage.

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Local scouts help rebuild Desert Tortoise habitat in Rancho Mirage

Christopher Flicker

Over 30 of our local scouts helped the Children’s Discovery Museum of the Desert with their tortoise habitat. Our chief photographer, Christopher Flicker, brings us this story.

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Problem Solvers: Oregon family farm seeks changes to federal protections after lone wolf kills several calves

Harley Coldiron

Wolf conservationists call case ‘outlier,’ say changes to Endangered Species Act could be catastrophic

LAKE COUNTY, Ore. (KTVZ) — Despite the presence of U.S. Fish and Wildlife at the Flynn family farm for nearly a month, Oregon Wolf 158 continued to wreak havoc, killing multiple calves and resulting in tens of thousands of dollars in damages. The family is now advocating for reforms to the Endangered Species Act.

The Flynn family farm in Southern Oregon has been in operation for three generations. The property in Valley Falls, Oregon sits just a short drive from the California and Nevada state lines, a prime location for America’s growing wolf population.

After Oregon Wolf 158 went on a killing spree as he traveled through Northern California, and even prompted a public safety emergency, he came face to face with Tom Flynn on his farm.

“That wolf had killed the calf,” Flynn recalled, telling Problem Solvers about how he approached the wolf and captured the entire encounter on camera.

His video shows the wolf standing for minutes and looking at Flynn as the calf’s mother sits just feet away, watching the wolf in terror.

“I mean, he had his back turned towards me. There was zero feeling of a threat,” he said as he rewatched the video.

Flynn grabbed his gun, ready to defend his family and his livelihood, the hundreds and hundreds of cattle on his farm.

“He just killed one. He has no fear of me. There’s more babies out here just, you know, within a couple hundred yards of him.”

Tom called to his wife and veterinarian, Elise, so she could contact ODFW.

She recalled, “They said that in self-defense, we could shoot him, but they made it also made it clear that he had to be actively lunging at you.”

Tom Flynn, who was worried about facing federal prison, chose not to kill the wolf, a decision that would prove costly.

For the next three weeks, Wolf 158 would attack and kill at least eight more cattle, according to the Flynns, all while Fish and Wildlife officers were embedded on the family’s property.

Video taken during the operation shows the wolf roaming the farm, just feet away from several cattle – “right below my barn,” Tom says as he records the predator.

U.S. Fish and Wildlife’s goal (with Oregon Department of Fish and Wildlife also on scene) was to try and use every non-lethal method to move the wolf due to the Endangered Species Act — “and they had no success,” exclaimed Elyse.

Her husband added, “They (Fish and Wildlife) would be in our feed grounds at night – and then that next morning, we’d have a kill.”

Each animal lost cost at least $2,000, plus the hundreds of hours of labor spent on protecting the farm with fencing and wire.

After three weeks of trying to humanely move the wolf, Fish and Wildlife officers made the decision to euthanize the animal, drawing outrage from the Flynns.

“After a three-week period, it finally came back to what I could have done in the first five minutes of, of encountering that wolf,” he told the Problem Solvers.

The Flynns’ experience is now empowering them to change the Endangered Species Act. They want local control.

But conservation advocates like Bethany Cotton who works as Conservation Director for Cascadia Wildlands says that change could be catastrophic for the species.

Cotton, who’s from rural Southern Oregon, says Oregon Wolf 158 is an outlier, and the methods Fish and Wildlife use to relocate wild animals work.

“I’ve never seen anything like this before in all the years I’ve done this work,” she told the Problem Solvers. “All the peer-reviewed science says that those tools are really effective, and in the vast majority of cases, they work really well.”

So what’s the answer?

Cotton believes there needs to be education.

“We work with ranchers and talk to ranchers who have used them (non-lethal methods) for years and have never had a predation occur on their property and successfully coexist,” she said.

For the Flynns, they want to be able to protect their way of life: “There’s just a huge misconception, disconnect from urban and rural lifestyles.”

The Problem Solvers reached out to both the Oregon and U.S. Fish and Wildlife concerning the Flynns’ experiences, but they declined to comment. In light of this, we submitted a Freedom of Information Act request concerning the case and information about Oregon Wolf 158.

Due to backlog and short-staffing, Fish and Wildlife say they plan to have a response and provide the needed documents to us in June.

The Problem Solvers have reached out to lawmakers both at the state and federal levels concerning the couple’s troubles, asking what conversations need to happen to protect families like the Flynns while preserving wild animals like the wolf population.

We’ll have an update on this story as soon as possible.

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Pool serviceman convicted of murdering Palm Desert senior during burglary

City News Service

INDIO, Calif. (KESQ) – A pool serviceman who fatally beat a 93-year-old Palm Desert woman while trying to steal from her was convicted today of second-degree murder and other charges.

An Indio jury deliberated about two days before finding Benjamin Cabrera Briones, 62, of Thousand Palms, guilty of the murder count, as well as burglary and forgery. The panel acquitted him of special circumstance allegations of killing in the course of a robbery and murder for financial gain in the 2021 death of Jean Grace Willrich.   

Riverside County Superior Court Judge Anthony Villalobos scheduled a sentencing hearing for May 30 at the Larson Justice Center.   

Briones is being held without bail at the Benoit Detention Center.   

The District Attorney’s Office had sought a first-degree murder conviction, but jurors were unconvinced that Briones had planned to kill Willrich ahead of time.

“She suffered massive blunt force trauma to her face,” Deputy District Attorney Hawlee Valente said during her closing argument Thursday. “He beat her, bludgeoned her repeatedly. He applied all of his body weight on her collar bone. That’s intent to kill.”

Briones, who was both a pool serviceman and general handyman, had gone to the residence on the pretext of fixing a toilet. The prosecution, however, argued that his real motivation was theft.

“He intended to defraud, and the victim was an easy target,” Valente said.  

On Nov. 29, 2021, the defendant arrived in his work truck clearly marked “Briones Pools” at the victim’s house in the 77000 block of Michigan Drive at 6:20 a.m. and remained for almost exactly 50 minutes — a time frame that sheriff’s detectives were able to confirm relying on tape from security surveillance video cameras at neighbors’ properties, according to the prosecution.

Valente said he wore latex gloves during and after the murder. Pieces of the gloves were located inside the house.   

After leaving the property, Briones drove to an ATM outside an Albertson’s supermarket and deposited one of her checks into his business account, according to the prosecution.

Deputy Public Defender Richard Verlato acknowledged “there’s no question Mr. Briones is guilty of the fraudulent check,” but he challenged the prosecution’s contention that his client was “guilty beyond a reasonable doubt” of killing for financial gain.

The attorney asserted Briones did not have an intent to kill when he arrived at the home — to which he’d been invited — but in the course of speaking with Willrich, “he freaked out,” causing him to lose control and fatally assault the woman, for whom he had once worked to maintain her pool until she fired him over a payment dispute.   

“It’s inconclusive how much pressure he applied to her,” Verlato said.   

On Nov. 30, 2021, a concerned friend, Patricia McDonald, went to the victim’s house and used a spare key to enter, finding the victim “laying in a puddle of dried blood, her face swollen,” according to trial testimony.   

Sheriff’s Investigator Gustavo Castaneda testified previously that during an interview with Briones, the defendant admitted turning hostile when Willrich started questioning why he was walking around her home and not fixing the toilet.

“That’s when he proceeded to assault her,” Castaneda said. “Mr. Briones explained to us how he punched her, choked her and eventually got on top of her. He continued to punch her, hit her with both open and closed fists because she wouldn’t stop screaming. When she stopped moving, he got up, grabbed (her) checks and left.”   

Valente said after a search warrant was executed at the defendant’s residence, blood-stained shoes, a shirt, pants and other items of evidentiary value were seized. A notepad bearing names and addresses was also located, and “Willrich’s name and address were the only ones crossed out,” the deputy district attorney said.   

Briones was arrested without incident on Dec. 3, 2021, during a traffic stop near Bob Hope and Frank Sinatra drives in Rancho Mirage.   

The defendant had no documented prior felony convictions in Riverside County.

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Desire Smith missing nearly four months as Missouri confronts racial disparities of missing people

Mitchell Kaminski

EDITOR’S NOTE: An incorrect bill number has been removed from the story.

COLUMBIA, Mo. (KMIZ)

Black Missourians are reported missing at disproportionately higher rates than their share of the population, a troubling trend now affecting a Columbia family.

Desire Smith, 15, has been missing for nearly four months after she was last seen in Columbia on Dec. 7, 2024. She is 5-feet-7-inches tall, weighs about 160 pounds and has black hair and brown eyes.

Smith’s grandmother, Crystal Watson, is pleading for any information about the missing teen, after the family fears she ran away from home. 

However, Watson says that growing up on Rice Road, a northeast Columbia neighborhood that has seen a high volume of shootings, may have had a negative influence on her.  

“She’s a happy girl, she is really intelligent, got all the good qualities,” Watson said. “It’s just I feel like her living in this area also influences her different ways in her different attitudes in doing things.” 

Smith’s family has also grown frustrated with the lack of attention the case has received. 

“I feel like, maybe if she were white, you know,  it would have been out there. She is on the child missing list, if you look it up in Columbia, she is on there, but it’s just not enough attention to it.” 

Desire Smith, 15, has been missing for nearly four months after she was last seen in Columbia on Dec. 7, 2024. [Courtesy Crystal Watson]

When it comes to missing people in Missouri, there’s a clear and troubling trend.

Out of 658 adults currently listed as missing by the Missouri State Highway Patrol, 199 are Black, making up 30.2% of all cases, even though Black Americans make up just 11% of the Show Me State’s population. Among the 250 missing women in Missouri, 79 are black, making up 31.6%. 

This mirrors nationwide figures. According to FBI data, Black Americans are overrepresented among missing persons nationwide. While Black people make up about 14% of the U.S. population, they account for 37% of those listed as missing in the FBI’s National Crime Information Center. In contrast, white people, who make up about 75% of the U.S. population, represent 59% of missing persons reported. 

Age and sex also show disparities. Younger individuals — particularly young women — are significantly more likely to be reported missing, according to the National Center for Missing and Exploited Children.

To combat this trend, the Missouri Legislature approved a bill that establishes a “Missing and Murdered African American Women and Girls Task Force.” 

The bill’s sponsor, Sen. Angela Mosley (D-St. Louis County) says in the summer of 2023, she had an opportunity to connect with lawmakers from Minnesota, where a similar bill was passed. 

“The task force will take a really hard look at why African-American women and girls are an endangered species, how our systems are falling short  and  what we can do to change that,” Mosley said. “We want to investigate the root causes  of these disappearances and acts of violence,  improve the way  we collect  data  so these cases don’t fall through the cracks.” 

Mosley added that the task force will also examine response times and how police and media respond to these incidents, while also developing solutions to “protect our loved ones.” 

The task force will include about 10 members, made up of lawmakers and law enforcement officials appointed by the president pro tem of the Senate, the Senate minority floor leader, the speaker of the House, the House minority leader and the director of public safety.

Mosley said the task force is also seeking a survivor of gender-based violence and representatives from a statewide organization that provides advocacy and counseling for Black women and girls.

“Of course, you run those who asked that question, ‘Why  focus on African-American women and girls?’  There are colleagues that have a background in law enforcement, and they saw the urgency of it and tried to help me speak with other colleagues to let them know that this is important because African-American women make up 11% of the population. However, 42% of the murders are of African-American women, girls. So that shows there is a huge issue in our state,” Mosley said. 

Columbia Police Department records show that since 1998, 16 Black women have been killed in homicides, with more than half of those occurring within the past 10 years. 

“We’re hoping that we get the data we need to make sure that this we get the numbers to start going down,” Moseley said. “Hopefully, one day we can get an office just like Minnesota.”

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Hayden Homes celebrates fifth anniversary of Bend amphitheater’s naming with concert package giveaways

Barney Lerten

BEND, Ore. (KTVZ) — Hayden Homes is thrilled to celebrate the fifth anniversary of the Hayden Homes Amphitheater’s naming rights partnership with a giveaway for five lucky winners to experience a night of live music in style.

“The Hayden Homes Amphitheater is an iconic community gathering place that unites people from all over the region — and indeed the country — to enjoy great live music together along the beautiful banks of the Deschutes River,” said Katy Wooderson, Hayden Homes vice president of marketing. “We’re so grateful to our partners at the Old Mill District and Live Nation for supporting our commitment to building a strong community — it’s about so much more than just building homes.”  

Five years ago, the Amphitheater became known as the Hayden Homes Amphitheater as part of the company’s Give As You Go™ philosophy, which is rooted in community partnerships and creating opportunities for everyone to lead fulfilled lives. The Hayden Homes Amphitheater offers just that: a place to join together, create memories, and enjoy unforgettable live music experiences.

“This partnership has been everything we’ve hoped for and more,” said Marney Smith, the longtime general manager of the Amphitheater and president of The Bend Company, which developed and owns the venue with its partnership group, River Bend Limited Partnership.

“Since we’ve partnered with Hayden Homes, we’ve hosted more than 150 shows on our stage and welcomed hundreds of thousands of fans through our gates. Hayden Homes has always been a supporter of arts, culture, and community. What they’ve done with their support of the Amphitheater has helped elevate live music not just in Bend or Central Oregon, but the state as a whole.”

To celebrate and kick off the concert season, Hayden Homes is giving away concert packages to five lucky winners, including all the very best that Bend and the Old Mill District have to offer. Packages include:

Two VIP Deschutes Deck Tickets

Choose your concert (subject to availability)

Includes two drinks and one food item per person

One-Night Stay at a Local Hotel

Relax in Bend after a night of live music

Tumalo Creek Kayak & Canoe Rental

Enjoy time on the Deschutes River with a rental for some outdoor fun

$100 Old Mill District Gift Card

Shop, dine, and explore Bend’s vibrant community

“There’s nothing like live music on a summer night in Bend — and for the past five years, Hayden Homes Amphitheater has set the stage for those unforgettable moments,” said Rob Scolaro, senior vice president and head of venue sales at Live Nation. “We’re proud to partner with Hayden Homes and the Old Mill District to make those moments possible — and now, Hayden Homes is giving fans an incredible opportunity to be part of the magic in an even bigger way.”

View the 2025 Hayden Homes Amphitheater concert lineup and enter to win the giveaways on the Hayden Homes website. Follow the link provided and submit an entry form between Monday, April 28 and Friday, May 16, 2025 to be considered to win.

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