Ian Van Ornum

Eugene Police Chief Pete Kerns today officially absolved fellow officers of any wrongdoing in tasering protester Ian Van Ornum last May.

The EPD's decision to not hold themselves accountable was widely expected. At a 3 pm press conference, Kerns largely repeated police justifications for the Tasering made by former Chief Robert Lehner three days after the incident.

Police officer Judd Warden Tasered Van Ornum in the back twice while Van Ornum lay face down with one or both arms behind his back. Here's police video from the Taser gun of Van Ornum writhing in pain:

After the Tasering Warden was given the "Officer of the Year" award by the Eugene Police Department.

Kerns is now reviewing another controversial Taser use by Warden against a Chinese student wrongly thought to be trespassing in his own home last month. Kerns said Warden deserved the Officer of the Year Award and stood by his public praise of Warden as "noble and hard-working" after the Tasering of the student. He denied that his praise indicated that he had already also prejudged whether that use of the 50,000-volt weapon was justified.

Taser victim Ian Van Ornum was sentenced today to 80 hours of community service, 18 months of probation and $500 in attorney fees plus court costs.

A jury last week found Van Ornum guilty of the misdemeanor crimes of slowing traffic (disorderly conduct) and resisting arrest at an anti-pesticide protest last May. Many witnesses have accused the police of brutality in the arrest.

Police video in the case shows that Van Ornum was tasered twice in the back while he lay face down on the ground with his arms pinned under his side or held behind his back. Van Ornum's doctor testified that he suffered a concussion.

Van Ornum's attorney Laura Fine said an appeal of the verdict will be filed, but declined further comment.

Reviews by the Eugene Police Department internal affairs unit, the independent Eugene police auditor and civillian review board and a likely civil lawsuit remain pending in the incident.

Judge Jack Billings cited incriminating testimony for the prosecution by passers by as significant. He did not mention testimony for the defense from passers by that Van Ornum had done nothing illegal. “The jurors found you were lying,” Billings told Van Ornum.

Van Ornum’s sentence appears stiffer than those in other similar cases. Last year two protesters convicted of the more serious crime of attempted assault of the police officer who tasered Van Ornum were sentenced to 40 hours of community service. This month three UO basketball players convicted of shooting an air gun at ducks in Alton Baker Park were sentenced to 30 hours of community service.

(Ian Van Ornum photo by KVAL)

The jury in the trial of taser victim Ian Van Ornum found him guilty of disorderly conduct and resisting arrest.

Van Ornum said that he was disappointed and surprised in the verdict, but declined further comment at this time.

The judge scheduled sentencing for 11 am next Friday, April 24.

Van Ornum said he didn't know what possible sentence he faced. His attorneys declined comment to reporters.

Prosecutor Bob Lane left the courtroom quickly without comment.

The Eugene police accused Van Ornum of slowing traffic (disorderly conduct) and resisting arrest at an anti-pesticide protest last May. Many witnesses have accused the police of brutality in the arrest.

Police video in the case shows that Van Ornum was tasered twice while he lay face down on the ground with his arms pinned under his side or held behind his back. Van Ornum's doctor testified that he suffered a concussion.

Prosecutor Lane told the jury in his closing argument earlier today that whether or not the tasering was justified was “irrelevant” to the criminal charges. “There might be an argument to be made that not everything the defendant did justified being tased,” he said.

But Lane said the brutality complaint was a matter not for the criminal trial but for the city of Eugene’s police auditor and or a civil lawsuit. “I don’t live in the city of Eugene, so it’s not my money. I don’t care,” the county prosecutor said.

The jury in the trial of taser victim Ian Van Ornum found him guilty of disorderly conduct and resisting arrest.

Police cell phone, dispatch and taser time stamps contradicted a Eugene police sergeant’s testimony that Ian Van Ornum caused a long traffic back-up during an anti-pesticide protest last May.

Van Ornum is on trial for allegedly slowing traffic (disorderly conduct) and resisting arrest at an anti-pesticide protest last May. Many witnesses have accused the police of brutality in the arrest. Police video in the case shows that Van Ornum was tasered twice in the back while he lay on the ground face first with his arms pinned under his side or held behind him by police.

Eugene Police Sergeant Bill Solesbee testified at the trial that before the arrest Van Ornum backed up traffic two blocks. The police officer swore under oath that it took him seven to 15 minutes to drive through the backed up traffic to the Broadway and Willamette plaza.

But police cell phone records and taser gun time stamps obtained by the defense indicate such a delay is impossible.

Solesbee’s cell phone records and police dispatch records indicate that Solesbee called police dispatch at 1:12 pm before leaving for the protest. Police taser gun time stamps indicate that Van Ornum was tasered by another officer while Solesbee was arresting him at 1:16 pm. That’s four minutes later, not the seven to 15 minutes Solesbee testified.

Defense lawyer Laura Fine pointed out that in the documented four minutes, Solesbee testified that he drove to the scene, talked to Van Ornum for about 30 seconds, drove around the block, parked and moved Van Ornum across the street.

Under cross examination Solesbee admitted, “I’m really not very good on time as you can see by my testimony.” But Solesbee maintained the traffic delay was “outrageous.”

Fine told the jury in her closing argument that the documented discrepancies should cast doubt on Solesbee’s entire testimony that Van Ornum was slowing traffic and resisting arrest. “He can’t be relied on.”

Prosecutor Bob Lane shrugged off the time discrepancy in his closing. Lane said that actor John Belushi’s watch was not accurate in the movie Animal House.

The jury has been deliberating on a verdict since 2:30 pm today.

The jury in the trial of taser victim Ian Van Ornum has asked, "what if we don't agree on the verdict," according to the judge.

Judge Jack Billings said he told the jury, deliberating for the past two hours, that not agreeing unanimously would result in a mistrial and the case would "likely" be tried again by another jury.

Billings said the jury told him, "they are making headway." The judge told the lawyers in the case to remain available as the jury result may come "relatively soon."

The trial of taser victim Ian Van Ornum was called back on the record at 4:35 pm. No word on a verdict yet.

The jury went out for deliberation at about 2:30 pm today in the case of taser victim Ian Van Ornum.

The Eugene police have accused Van Ornum of slowing traffic and resisting arrest at an anti-pesticide protest last May. Many witnesses have accused the police of brutality in the arrest.

Police video in the case shows that Van Ornum was tasered twice while he lay on the ground with his arms pinned under his side or held behind his back. Van Ornum's doctor testified that he suffered a concussion.