Author: KTVZ

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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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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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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Barney Lerten

(Update: Adding jail photo, more info; correcting age)

FORT TOWSON, Oklahoma (KTVZ) — A Redmond fugitive recently charged with attempted rape and sexual abuse of a young girl nearly a decade ago has been arrested in Oklahoma, authorities said.

John Patrick Varney Fackrell, 38, was indicted Feb. 25 on one count of first-degree attempted rape, two counts of first-degree sexual abuse and one count of third-degree sexual abuse.

The alleged crimes occurred between January and July of 2016 and involved a girl under the age of 12.

A $500,000 arrest warrant was issued in the case two days after Varney Fackrell’s indictment.

Choctaw County, Oklahoma Sheriff Terry Park said two deputies went to a location and arrested Varney Fackrell in Fort Towson without incident and that he will be extradited back to Oregon to face the charges.

Choctaw County Jail records Monday showed he remained held there for Oregon officials and faces a charge of flight to avoid prosecution.

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Barney Lerten

BEND, Ore. (KTVZ) — Deschutes County Elections officials are sharing important information for voters ahead of the Tuesday, May 20, Special District Election.

The Special District Election includes district director contests for community college, fire, school, park and recreation, library, sanitation and water districts. A small portion of county voters will also have the opportunity to vote on two local ballot measures.

Voters should check their mail for a Voters’ Pamphlet, which has information about the candidates and ballot measures. The pamphlet is also available online.

Special District Election ballots will be mailed to every active registered voter in the county on Wednesday, April 30. If you haven’t received a ballot by Tuesday, May 7, please contact the County Clerk’s Office at (541) 388-6547. Once you vote your ballot and sign your ballot return envelope, you can either return it by mail or drop it at any secure, official drop box throughout Deschutes County.

Here are some important dates and information about the 2025 Special District Election:

April 29 – Deadline to register to vote, update your voter registration.

April 29 – Logic & Accuracy test of ballot tabulation equipment at  9 a.m. in the County Clerk’s Office, 1300 NW Wall St. in Bend. The public is invited. Please RSVP in advance if you plan to attend by calling (541) 388-6547.

April 30 – Ballots begin to be mailed to voters. All ballots include a postage-paid return envelope for you to mail in your voted ballot, or if you prefer, you can drop it off at an official ballot drop box location.

May 2 – Deschutes County drop boxes open for voted ballots. Visit the Deschutes County Clerk website to find a drop box location near you.

May 20 – Election Day. Ballots must be received at a drop box by 8 p.m. or postmarked by the United States Postal Service (USPS) by this date and received by the Clerk’s Office by Tuesday, May 27, 2025, to be counted.

*Don’t forget to sign your ballot return envelope before you turn in your ballot.

Preliminary election results will be available on the Deschutes County Clerk website  starting at 8 p.m. on Election Day.

You can find more information and the answers to Frequently Asked Questions (FAQs) on the County Clerk/Elections website. 

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Barney Lerten

(Update: More specifics on acreage, location)

PRINEVILLE, Ore. (KTVZ) — With favorable weather conditions in place, the Ochoco National Forest Monday it is beginning this year’s prescribed fire operations this week on nearly 900 acres about 15 miles northeast of Prineville.

“We use prescribed fires to help reduce overgrown vegetation to help protect local communities, infrastructure and natural resources from wildfires,” Public Affairs Officer Isabella Isaksen said in a news release.

We plan on burning up to 898 acres,” she told us.

Prescribed fires planned for the area include: 

Along the north end of Forest Service Road 27, north of Highway 26 and south of Forest Service Road 2710, in the Lookout Mountain Ranger District. 

These areas may close to the public for several days for public safety. Watch for warning signs along roads near all prescribed fire areas before and during burns.  

Residents may experience smoke during the prescribed burns. Go to https://fire.airnow.gov/ to find more detailed information about air quality. When driving, slow down and turn on your headlights when you encounter smoke on the road. 

We will evaluate weather conditions in the hours before a burn begins. If conditions warrant, scheduled prescribed fire activities may be canceled. 

Stay informed about the scheduled prescribed fires through the forest website, social media channels, and InciWeb, the interagency incident information system. We will notify county emergency management officials when burning begins.   

About the Forest Service: The USDA Forest Service has for more than 100 years brought people and communities together to answer the call of conservation. Grounded in world-class science and technology– and rooted in communities–the Forest Service connects people to nature and to each other. The Forest Service cares for shared natural resources in ways that promote lasting economic, ecological, and social vitality. The agency manages 193 million acres of public land, provides assistance to state and private landowners, maintains the largest wildland fire and forestry research organizations in the world. The Forest Service also has either a direct or indirect role in stewardship of about 900 million forested acres within the U.S., of which over 130 million acres are urban forests where most Americans live. 

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KTVZ News Team

MADRAS, Ore. (KTVZ) –  Volunteers with the American Red Cross, Jefferson County Fire and EMS, and Warm Springs Fire and Safety, installed free smoke alarms as part of the national Red Cross Home Fire Campaign.

Volunteers were trained and then headed out into the community to install free smoke alarms in local homes.

The event has helped save more 2,320 lives since launching in October 2014.  

The event is part of the Red Cross’s national Home Fire Campaign, which aims to prevent home fire deaths and make communities safer.

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