Warm Springs Man Sentenced to Serve 18 Years in Federal Prison After Conviction on Charge of Murder in the Second Degree

PORTLAND, OR—Today U.S. District Judge Ancer L. Haggerty sentenced Ted L. Barney, Jr., 23, of Warm Springs to serve 18 years in prison for murdering 24 year-old Delmer Davis. Barney pled guilty on October 3, 2011, to murder in the second degree involving the death of Davis. Barney will also serve five years of supervised release when he is released from the Bureau of Prisons.

According to the prosecutor’s statements in court, on July 26, 2011, on the Warm Springs Indian Reservation, the defendant was a passenger in a car driving in a residential neighborhood. A man standing in the driveway of a home in the neighborhood threw a rock at defendant’s car as it drove by. The rock missed the car, but defendant told the driver to turn around and then stop the car. The defendant got out of the car and approached the man in the driveway, who was about 75 feet away (the driveway was long). The defendant then began shooting with a 9mm handgun. The man hid behind a vehicle in the driveway.

Defendant fired approximately five shots at the man hiding behind the vehicle in the driveway, but the defendant missed his intended target. However, one of the bullets from defendant’s gun went through the back window of the vehicle. That bullet hit the head of Delmer Davis, who was sitting in the back of the car holding his infant son. Mr. Davis died en route to the hospital as a result of that wound. Mr. Davis’s infant son suffered no physical injuries.

The defendant, who initially may not have realized he hit anybody (the windows of the vehicle were tinted), turned himself in to the Warm Springs Police Department later that day when he learned the police were looking for him. Defendant provided the murder weapon to the Warm Springs Police, and after Miranda warnings, he confessed that he was the shooter and that he was aiming to hit another man in the driveway.

“Prosecuting violent crime in Indian Country is a top priority for my office and I hope this prosecution has brought some closure to the victim’s family and the Warm Springs Community,” Amanda Marshall, United States Attorney for the District of Oregon. “Mr. Barney needlessly took the life of Delmer Davis because Mr. Barney wanted to settle a dispute with a gun. This is a tragic and painful loss for the victim’s family.”

The Warm Springs Police Department and the FBI’s office in Bend, Oregon, investigated the case. Assistant U.S. Attorney Craig Gabriel handled the criminal prosecution.

Warm Springs Man Enters Guilty Plea in Shooting Death

PORTLAND, OR—U.S. District Judge Ancer L. Haggerty accepted a guilty plea on October 3, 2011, from a 23-year-old Warm Springs man, Ted L. Barney, Jr. In pleading guilty to murder in the second degree, defendant, Barney, admitted that he fired a 9mm handgun on July 26, 2011 in Warm Springs that killed 24-year-old Delmer Davis.

According to the government, on July 26, 2011 on the Warm Springs Indian Reservation, the defendant was a passenger in a car driving in a residential neighborhood. A man standing in the driveway of a home in the neighborhood threw a rock at defendant’s car as it drove by. The rock missed the car, but defendant told the driver to turn around and then stop the car. The defendant got out of the car and approached the man in the driveway, who was about 75 feet away (the driveway was long). The defendant then began shooting with a 9mm handgun. The man hid behind a vehicle in the driveway.

Defendant fired approximately five shots, gunfire did not hit Barney’s intended target, the man who threw a rock at defendant’s car. However, one of the bullets from defendant’s gun went through the window of the vehicle the man was hiding behind, hitting a man sitting in the car.

Delmer Davis, a 24-year-old Indian male, was sitting in the vehicle holding his infant son. Mr. Davis was hit in the head with the bullet that went through that vehicle’s window from defendant’s gun. Mr. Davis died en route to the hospital as a result of that wound.

The defendant, who initially may not have realized he hit anybody (the windows of the vehicle were tinted), turned himself in to the Warm Springs Police Department later that day when he learned the police were looking for him. Defendant provided the handgun to the Warm Springs Police, and after Miranda, he confessed that he was the shooter and that he was aiming to hit another man in the driveway.

Sentencing is scheduled for December 12, 2011, before Judge Haggerty. Under the terms of a plea agreement, the parties have agreed to recommend a prison sentence of 18 years.

The Warm Springs Police Department and FBI investigated the case. Assistant U.S. Attorney Craig Gabriel is handling the criminal prosecution.

Warm Springs Gang Member Sentenced to 15 ½ Years in Prison for Attempt to Kill Deputy U.S. Marshal

PORTLAND, OR—On September 27, 2011, U.S. District Judge Garr M. King sentenced Aldo Inez Antunez Sr., 33, of Warm Springs, to 188 months in prison for attempting to kill a deputy U.S. Marshal. On July 13, 2011, the defendant pled guilty to the crime of attempted murder of an employee of the United States. The sentence was ordered to be served consecutively to a 15-year state sentence the defendant is currently serving for attempted murder. Following the service of his federal prison sentence the defendant will serve three years of supervised release.

On July 22, 2010, the United States Marshals Fugitive Task Force was on the Warm Springs Indian Reservation to arrest the defendant on an outstanding state arrest warrant. The state charges arose from the defendant’s involvement in the attempted murder of several local Madras police officers. The task force agents located the defendant inside a residence on the Warm Springs Indian Reservation, surrounded the residence and, using a loud speaker, announced that they had a warrant for his arrest and they needed him to come out of the house. In response, the defendant used a high-powered rifle to shoot at Deputy U.S. Marshal Vincent Byford. Deputy Byford had taken cover behind a tree across from the house so he could keep an eye on the residence. The defendant took two shots at Deputy Byford, narrowly missing him on each occasion. The first shot hit a tree near Deputy Byford’s head. The second shot passed behind Deputy Byford’s head and he felt and heard the concussion of the bullet as it passed by him. After seeing the defendant raise his rifle again, in order to take a third shot, Deputy Byford returned fire and struck the defendant in the torso. Shortly thereafter, the defendant crawled out of the house and surrendered.

In imposing the sentence, Judge King stated that this was the “most egregious case” he has seen since becoming a federal judge and the intended victim was very fortunate to be alive. In concluding the hearing, Judge King noted that the defendant was a “violent gang member” who “clearly has no respect for human life” and that public safety demanded such a lengthy prison sentence.

The case was investigated by the Federal Bureau of Investigation, the United States Marshals Fugitive Task Force, and the Warm Springs Tribal Police Department. Assistant United States Attorneys Scott Kerin and Craig Gabriel prosecuted the case.

Warm Springs Man Pleads Guilty to Voluntary Manslaughter

Defendant and Victim Were Members of the Confederated Tribes of Warm Springs

PORTLAND, OR—Windy Harvey, 29, of Warm Springs, entered a guilty plea before U.S. District Judge Garr M. King on August 29, 2011, to voluntary manslaughter. The defendant, who remains in federal custody, was ordered to appear for sentencing on November 16, 2011. The plea agreement in the case calls for the defendant to be sentenced to 10 years in prison.

Shortly after midnight on August 15, 2008, the Warm Springs Police Department responded to a call of a shooting at a home in Warm Springs. The police arrived at the residence and found that Warren Wallulatum, Jr., had been fatally shot. Witnesses reported to police that defendant shot and killed Wallulatum after an argument broke out between the two men. The defendant, who had initially fled the scene, turned himself in to the Warm Springs Police Department later in the day on August 15, 2008. Both the defendant and the victim were enrolled members of the Confederated Tribes of Warm Springs.

The case was investigated by Warm Springs Police Department and the FBI’s office in Bend, Oregon. Assistant U.S. Attorneys Scott Kerin and Craig Gabriel prosecuted the case.

Warm Springs Police Shooting Investigation Completed

The United States Attorney’s Office has notified the FBI that it will not pursue criminal charges against Warm Springs Police Officer Levi Dowty related to the line-of-duty shooting death of Vernon Middleton that occurred on March 20, 2011. This decision was the result of an independent investigation conducted by the Oregon State Police and the FBI.

Victim, Suspect Identified in Fatal Shooting on Warm Springs Reservation

The FBI and Warm Springs Police Department have identified the victim in Tuesday’s fatal shooting on the Warm Springs Reservation as 24-year-old Delmer S. Davis. Davis was a tribal member.

At approximately 2:10 p.m. Tuesday, July 26, Davis was sitting in a vehicle outside a home in the Greeley Heights area of Warm Springs. He was shot as he held his young son. The child was not injured. Davis was transported to Mountain View Hospital in Madras where he was pronounced dead.

Shortly before 6:00 p.m., Ted L. Barney, Jr., age 23, turned himself into the Warm Springs Police Department. Barney is also a tribal member, but he was living off of the Reservation. Federal charges are pending.

The FBI and Warm Springs Tribal Police are continuing the investigation.

Investigation into Fatal Shooting on Warm Springs Reservation

At approximately 2:10 p.m. Tuesday, July 26, a Confederated Tribes of Warm Springs member was shot as he sat in a vehicle outside a home on the Warm Springs Reservation in an apparent drive-by attack. He was holding his young son at the time. The child was not injured. The 24-year-old victim was transported to Mountain View Hospital in Madras where he was pronounced dead.

Authorities are withholding the victim’s identity pending notification of family.

The FBI, Warm Springs Tribal Police, Oregon State Police, and Jefferson County Sheriff’s Office are investigating.

Anyone with information about the shooting or the identity of the shooter is asked to contact the nearest law enforcement agency or the FBI in Portland at its 24-hour number, (503) 224-4181. This person should be considered armed and dangerous. Do not approach. If in immediate contact with this person, call 911.

Further information will be released as it is available.

Two Defendants Sentenced in “Extraordinarily Brutal” Warm Springs Murder Case

Jolena Warner and Antonio Brito Receive Lengthy Prison Sentences for 2008 Brutal Murder of Warm Springs Woman

PORTLAND, OR—On May 24, 2011, U.S. District Court Judge Anna J. Brown sentenced Jolena Warner and Antonio Brito, both from the Warm Springs Indian Reservation, for the murder of Lucinda Stwyer.

On November 30, 2010, Jolena Warner and Antonio Brito pled guilty to murder in the second degree and admitted that on September 24, 2008, they were responsible for killing Lucinda Stwyer willfully, deliberately, and with malice aforethought. Based upon their respective roles in the crime, Jolena Warner, age 30, was sentenced to 30 years in prison, to be followed by five years of supervised release and Antonio Brito, age 25, was sentenced to 18 years in prison, to be followed by five years of supervised release.

In imposing the sentence Judge Brown noted that the victim suffered an “extraordinarily brutal death” that involved stabbing and strangulation. Following the murder, the defendants used gasoline to set the victim’s body on fire.

During the sentencing hearing Judge Brown also noted that “both of the defendants were active methamphetamine users before, leading up to, and in the course of committing this extraordinarily brutal crime” and that “until we, as a community—each of us—steps up and takes responsibility to stop this behavior that does lead to the loss of human life, by homicide, by overdose, by simply taking away the potential of so many people; until we—as a community, as a nation—bring this to an end, this devastation will continue.”

Both Lucinda Stwyer and Jolena Warner are enrolled members of the Confederated Tribes of Warm Springs.

This case was investigated by the Warm Springs Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Scott Kerin, the head of the U.S. Attorney’s Office Gang Unit.

Warm Springs Man Sentenced to 35 Years in Prison for Murder and Arson

PORTLAND, OR—Jerome Phillip Spino, 32, was sentenced to 35 years in prison on February 7, 2011 by U.S. District Judge Garr M. King, after pleading guilty on November 4, 2010, to two counts of murder in the second degree and arson. Spino was ordered to pay restitution to the victims' estate and will have to serve five years of supervised release following his prison term.

The federal case began on May 28, 2008 when fire fighters responded to a residential fire on

Shepard Lane

in Warm Springs, Oregon. After the fire was extinguished, the bodies of two adults were discovered. A 43-year-old male died of asphyxiation caused by the inhalation of smoke carbon monoxide, and a 49-year-old female died from asphyxiation as well as severe thermal injuries covering her entire body.

Witnesses observed Spino entering the residence with a gas can and later saw him running from the scene. He was arrested shortly after the fire and had a .34 percent blood alcohol level. Spino initially denied any involvement in the arson. Later, he gave varying statements, but admitted spreading gasoline about the residence and setting the fire with his lighter. According to Spino, he intended to kill himself, but lost his nerve and escaped through a window just before the fire blazed out of control. Spino was not injured or burned in any way.

Laboratory analysis of the floor of the residence was positive for gasoline used as an accelerant to spread the fire. A search and analysis of Spino's person, after the fire, produced a butane lighter and gasoline residue on his sweatshirt and pants.

This case was investigated by the FBI and the Warm Springs Police Department. The case was prosecuted by Assistant U.S. Attorney Kemp L. Strickland.

Federal Indictment Charges Warm Springs Man with Assault Resulting in Serious Bodily Injury

Defendant Charged with Assaulting His 5-Week-Old Son

PORTLAND, OR—Monty Tewee, 20, of Warm Springs, was arraigned November 8, 2010 in U.S. District Court before U.S. Magistrate Judge Paul Papak on one count of assault resulting in serious bodily injury. On October 26, 2010, a federal grand jury returned a single-count indictment against Tewee. The indictment alleges that Tewee's assault occurred on the Confederated Tribes of Warm Springs Indian Reservation. Tewee's federal trial is currently scheduled for January 11, 2011. The offense of assault resulting in serious bodily injury carries a maximum sentence of 10 years in prison and a fine of $250,000.

According to the prosecutor's statements in court, Tewee assaulted his 5-week-old child by squeezing him, which caused the infant child to suffer multiple fractured ribs and a lacerated liver. Tewee is out of custody while awaiting trial. His conditions of pretrial release prohibit him from having any contact with his child, except as supervised by the Warm Springs Child Protective Services.

This investigation was conducted by the Warm Springs Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Craig J. Gabriel.

Smith, Hartenstine and Griffin

July 26, 2007 (San Dimas, CA) Police-Writers.com is a website that lists state and local police officers who have written books. The website added three police officers: Enes Smith; Donald Hartenstine; and Sean Patrick Griffin.

Enes Smith has worked in law enforcement for over twenty-five years. He has had assignments as a homicide detective, a SWAT Team supervisor and commander, and has held ranks of sergeant, lieutenant, captain and chief of police. In 1994 and 1995 and again in 2005 and 2006, Enes Smith was the Chief of Police of the Warm Springs Tribal Police (Oregon).

Enes Smith taught criminal justice and sociology courses for a number of years at a local community college. Enes Smith currently teaches a seminar, "Writing the Popular Novel." In addition to keynote speeches and seminar presentations, Enes Smith instructs casino employees in the subtleties of detecting deception. His is the author of Cold River Rising; Dear Departed; and Fatal Flowers. Ann Rule said “Fatal Flowers is a chilling authentic look into the blackest depths of a psychopath's fantasies, not for the faint at heart...Smith is a cop who's been there, and a writer on his way straight up. Read this on a night when you don't need to sleep. You won't.”

Lieutenant Donald Hartenstine (ret.) graduated from the Pennsylvania State Police Academy Hershey Pennsylvania in 1970. He served on the Lower Alsace Township Police Department Berks County (Pennsylvania) for over three years. Donald Hartenstine then served with the Exeter Township Police Department (Pennsylvania) for the remainder of his law enforcement career.

Donald Hartenstine served as a patrolman, sergeant, was later promoted to Lieutenant. He received a certification as a firearms instructor, hostage negotiator. Throughout his police career, he is well-trained in evidence collection, crime scene investigation, and received numerous certificates in law enforcement. Part of his training included police management courses at Penn State University. His police experience spanned thirty years. Lieutenant Donald Hartenstine (ret.) is the author of To Serve and Protect with Laughter.

According to the book description of To Serve and Protect with Laughter, “the world of law enforcement isn’t just about policemen cracking mysterious cases and nabbing villainous outlaws- it’s also a realm of blundering criminals, zany cops, and wacky wild-goose chases. Yes folks, behind the serious face of law enforcement lies one hit comedy show that, perhaps thankfully, never gets shown in the news reports.”

Sean Patrick Griffin, Ph.D. is a former Philadelphia Police Department police officer who is now associate professor in the Administration of Justice at Penn State Abington. He has authored numerous articles on organized and white-collar crime and been an invited panelist on national crime forums. He is the author of Black Brothers, Inc.: The Violent Rise and Fall of the Philadelphia Black Mafia.

According to Sean Patrick Griffin’s publisher, the book is “researched with scores of interviews and unique access to informant logs, witness statements, wiretaps and secret FBI files, Black Brothers, Inc. is the most detailed account ever of an African-American organized crime mob, and a landmark investigation into the modern urban underworld.”

Police-Writers.com now hosts 677 police officers (representing 304 police departments) and their 1452 books in six categories, there are also listings of United States federal law enforcement employees turned authors, international police officers who have written books and civilian police personnel who have written books.