Cherish M Gwartney was booked at 9:42 PM on Tuesday, August 7th by Deschutes County So. Gwartney was booked into Deschutes County Jail in Bend, Oregon.
The 25 year old female was arrested for suspicion of the below crimes:
- 166.025 DISORDERLY CONDUCT 2ND DEG
- 166.070 AGGRAVATED HARASSMENT - Body fluids or dangerous substance against PSO
- 163.208 ASSAULT PUBLIC SAFETY OFFICER
- 475.894 (1) UNL POSSESS METHAMPHETAMINE - 1
Bail has been set to $25000.0 for Gwartney which is listed as a 5' 3" female weighing approximately 132 lbs.
Cherish M Gwartney was arrested in Deschutes County Oregon and Cherish M Gwartney 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 in Deschutes County Oregon. For more regarding the Deschutes County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Cherish M Gwartney is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Disorderly conduct in the second degree.
(1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:(a) Engages in fighting or in violent, tumultuous or threatening behavior;
(b) Makes unreasonable noise;
(c) Disturbs any lawful assembly of persons without lawful authority;
(d) Obstructs vehicular or pedestrian traffic on a public way;
(e) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
(f) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.
(2)(a) Disorderly conduct in the second degree is a Class B misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, disorderly conduct in the second degree is a Class A misdemeanor if the crime is committed within 200 feet of the real property on which the person knows a funeral service is being conducted.
(3) As used in this section, funeral service means a burial or other memorial service for a deceased person. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1; 2012 c.35 §1]
Aggravated harassment.
(1) A person commits the crime of aggravated harassment if the person, knowing that the other person is a:(a) Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official duties;
(b) Public safety officer, knowingly propels blood, urine, semen or feces at the public safety officer while the public safety officer is acting in the course of official duty or as a result of the public safety officer’s official duties; or
(c) Public safety officer, intentionally propels saliva at the public safety officer, and the saliva comes into physical contact with the public safety officer, while the public safety officer is acting in the course of official duty or as a result of the public safety officer’s official duties.
(2) Aggravated harassment is a Class C felony. When a person is convicted of violating subsection (1)(a) of this section, in addition to any other sentence it may impose, the court shall impose a term of incarceration in a state correctional facility.
(3) As used in this section:
(a) Public safety officer means an emergency medical services provider as defined in ORS 682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355.
(b) Staff member has the meaning given that term in ORS 163.165. [2009 c.783 §2; 2011 c.703 §28; 2012 c.54 §27; 2013 c.477 §1; 2015 c.614 §151]
Assaulting a public safety officer.
(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty.(2) Assaulting a public safety officer is a Class C felony.
(3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.
(b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.
(4) As used in this section:
(a) Animal control officer has the meaning given that term in ORS 609.500; and
(b) Staff member means:
(A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates or youth offenders; and
(B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates or youth offenders. [1981 c.783 §2; 1993 c.14 §21; 1993 c.358 §1; 1995 c.651 §4; 1999 c.1040 §14; 2001 c.104 §51; 2001 c.828 §1; 2003 c.327 §1]
Unlawful possession of methamphetamine.
(1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.(2) Unlawful possession of methamphetamine is a Class C felony. [2005 c.708 §18]
