Hayes Matthew Herbert was arrested on Saturday, June 23rd 2018 and booked into Lane County Jail in Eugene, Oregon.
The 35 year old male was arrested by Springfield Police Department was arrested for suspicion of the below crimes:
- #811.700 HIT AND RUN VEHICLE-PROPERTY (Misdemeanor)
- #163.235 KIDNAPPING 1ST DEG (Felony)
- #164.225 BURGLARY 1ST DEG (Felony)
- #163.187 STRANGULATION - 1 (Misdemeanor)
- #163.160 ASSAULT 4TH DEG - 1 (Misdemeanor)
- #162.315 RESISTING ARREST (Misdemeanor)
Hayes Matthew Herbert was arrested in Lane County Oregon and Hayes Matthew Herbert has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office near Lane County Oregon. For more regarding the Lane County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Hayes Matthew Herbert is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Failure to perform duties of driver when property is damaged; penalty.
(1) A person commits the offense of failure to perform the duties of a driver when property is damaged if the person is the driver of any vehicle and the person does not perform duties required under any of the following:(a) If the person is the driver of any vehicle involved in an accident that results only in damage to a vehicle that is driven or attended by any other person the person must perform all of the following duties:
(A) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this subparagraph shall be made without obstructing traffic more than is necessary.
(B) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this paragraph.
(C) Give to the other driver or passenger the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.
(D) Upon request and if available, exhibit and give to the occupant of or person attending any vehicle damaged the number of any documents issued as evidence of driving privileges granted to the driver.
(b) If the person is the driver of any vehicle that collides with any vehicle that is unattended, the person shall immediately stop and:
(A) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle; or
(B) Leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
(c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:
(A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.
(B) Upon request and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.
(2) The offense described in this section, failure to perform the duties of a driver when property is damaged, is a Class A misdemeanor and is applicable on any premises open to the public. [1983 c.338 §572]
Kidnapping in the first degree.
(1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes:(a) To compel any person to pay or deliver money or property as ransom;
(b) To hold the victim as a shield or hostage;
(c) To cause physical injury to the victim;
(d) To terrorize the victim or another person; or
(e) To further the commission or attempted commission of any of the following crimes against the victim:
(A) Rape in the first degree, as defined in ORS 163.375 (1)(b);
(B) Sodomy in the first degree, as defined in ORS 163.405 (1)(b); or
(C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b).
(2) Kidnapping in the first degree is a Class A felony. [1971 c.743 §99; 2005 c.22 §112; 2009 c.660 §43]
Burglary in the first degree.
(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;
(b) Causes or attempts to cause physical injury to any person; or
(c) Uses or threatens to use a dangerous weapon.
(2) Burglary in the first degree is a Class A felony. [1971 c.743 §137; 2003 c.577 §10]
Strangulation.
(1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:(a) Applying pressure on the throat or neck of the other person; or
(b) Blocking the nose or mouth of the other person.
(2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.
(3) Strangulation is a Class A misdemeanor.
(4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:
(a) The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim;
(b) The victim is under 10 years of age;
(c) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully against another;
(d) The person has been previously convicted of violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;
(e) The person has at least three previous convictions for violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or
(f) The person commits the strangulation knowing that the victim is pregnant.
(5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child. [2003 c.577 §2, 2011 c.666 §1; 2012 c.82 §1; 2015 c.639 §1]
Assault in the fourth degree.
(1) A person commits the crime of assault in the fourth degree if the person:(a) Intentionally, knowingly or recklessly causes physical injury to another; or
(b) With criminal negligence causes physical injury to another by means of a deadly weapon.
(2) Assault in the fourth degree is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, assault in the fourth degree is a Class C felony if the person commits the crime of assault in the fourth degree and:
(a) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim;
(b) The person has been previously convicted of violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;
(c) The person has at least three previous convictions for violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or
(d) The person commits the assault knowing that the victim is pregnant.
(4) For purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child. [1977 c.297 §5; 1997 c.694 §1; 1999 c.1073 §1; 2009 c.785 §3; 2015 c.639 §2]
Resisting arrest.
(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.(2) As used in this section:
(a) Arrest has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) Parole and probation officer has the meaning given that term in ORS 181A.355.
(c) Resists means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.
(4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]
