Sentencing delayed for Smith Rock mass shooting plotter Samson Garner as prosecutor recommends sentence
Barney Lerten
BEND, Ore. (KTVZ) — The sentencing of a Portland man convicted by a Deschutes County jury of planning a mass shooting at a 2023 Smith Rock climbing event has been delayed three weeks, at the request of his defense attorney.
After a three-week trial, a jury took less than three hours last month to find Samson Garner, 41, guilty on 26 felony counts of attempted murder, assault and unlawful use of a weapon.
In a motion to postpone the sentencing, defense attorney Joel Wirtz said, “Because of unexpected protracted contract negotiations with the state agency to provide public defense representation in 2025-2027, I have unable to meet and prepare for sentencing in this matter.”
He requested a two-week delay “in order to clear this issue off the organization’s priority and (so) our team can focus on serving our clients.”
Circuit Judge Alison Emerson instead rescheduled the sentencing for three weeks later, on October 23rd.
Meanwhile, Chief Deputy District Attorney Mary Anderson submitted her sentencing memorandum this week, asking the judge to impose a 30-year prison term.
Anderson wrote, “The defendant’s intent to kill multiple people, within categories of park goers at Smith Rock State Park, is a course of conduct and multiple offenses demanding consecutive sentences.
“While Oregon does not have a crime for attempting a mass killing event, the intent to kill multiple people is qualitatively different than the intent to kill a single person. The defendant’s intent to kill multiple people and plans and related actions designed to impose additional cruelty to the climbers demonstrates his focus on target selection for impact of the greatest potential harm and cruelty. The state asks the court to impose a sentence of 360 months.”
Related to the issue mentioned by Wirtz in his motion, Public Defenders of Marion County filed an “emergency lawsuit” this week against the Oregon Public Defense Commission, challenging enforceabiliity of the state contract for public defenders, which took effect Wednesday.
They are sharply critical of a new quota system for public defender caseloads, saying under its terms, “it would be impossible in most instances for public defenders to effectively protect and preserve their clients’ constitutional rights.”
They said under the contract, the state would eliminate funding for four Marion County public defenders and a supervising attorney position, while assigning new cases to attorneys whose caseloads are already full.