Andrew Scott Garrett was booked at 6:46 PM on Tuesday, May 19th by Deschutes County So. Garrett was booked into Deschutes County Jail in Bend, Oregon.
The 27 year old male was arrested for suspicion of the below crimes:
- 164.245 CRIMINAL TRESPASS 2ND DEG
- 164.255 CRIMINAL TRESPASS 1ST DEG
- 811.182 CRIMINAL DRIVING-SUSP/REVOKED - 2
- 166.025 DISORDERLY CONDUCT 2ND DEG
- 166.025 DISORDERLY CONDUCT 2ND DEG
- 163.190 MENACING - 1
- 166.065 HARASSMENT - 1
475.894 UNL POSSESS METHAMPHETAMINE - 2
- 166.070 AGGRAVATED HARASSMENT
- 163.190 MENACING - 1
- 163.190 MENACING - 1
- 162.247 INTERFERE W/ PEACE OFFICER
- 164.354 CRIMINAL MISCHIEF 2ND DEG
- 166.025 DISORDERLY CONDUCT 2ND DEG
- 164.354 CRIMINAL MISCHIEF 2ND DEG
Bail has been set to $40000.0 for Garrett which is listed as a 5' 9" male weighing approximately 165 lbs.
Andrew Scott Garrett was arrested in Deschutes County Oregon and Andrew Scott Garrett 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.
Andrew Scott Garrett is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]
Criminal trespass in the first degree.
(1) A person commits the crime of criminal trespass in the first degree if the person:(a) Enters or remains unlawfully in a dwelling;
(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;
(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or
(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.
(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:
(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;
(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and
(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.
(3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]
Criminal driving while suspended or revoked; penalties.
(1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 and the suspension or revocation is one described in this section, or if the hardship or probationary permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.(2) Affirmative defenses to the offense described in this section are established under ORS 811.180.
(3) The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.
(4) The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury or the making of a false affidavit to the Department of Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to take a test prescribed in ORS 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of commercial driving privileges under ORS 809.510 resulting from failure to perform the duties of a driver under ORS 811.700.
(e) A suspension of commercial driving privileges under ORS 809.510 (6) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.
(f) A suspension of commercial driving privileges under ORS 809.520.
(g) A revocation resulting from habitual offender status under ORS 809.640.
(h) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.
(i) A suspension for failure to perform the duties of a driver under ORS 811.705.
(j) A suspension for reckless driving under ORS 811.140.
(k) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.
(L) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.
(m) A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.
(6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.
(b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:
(A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or
(B) Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97; 2013 c.237 §26; 2013 c.649 §3]
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]
Menacing.
(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]
Harassment.
(1) A person commits the crime of harassment if the person intentionally:(a) Harasses or annoys another person by:
(A) Subjecting such other person to offensive physical contact;
(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response; or
(C) Distributing a visual recording, as defined in ORS 163.665, of the other person engaged in sexually explicit conduct, as defined in ORS 163.665, or in a state of nudity, as defined in ORS 163.700, when the other person is under 18 years of age at the time of the recording;
(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.
(2)(a) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.
(b) Harassment that is committed under the circumstances described in subsection (1)(c) of this section is committed in either the county in which the communication originated or the county in which the communication was received.
(3) Harassment is a Class B misdemeanor.
(4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates:
(a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person;
(b) Subsection (1)(a)(C) of this section; or
(c) Subsection (1)(c) of this section and:
(A) The person has a previous conviction under subsection (1)(c) of this section and the victim of the current offense was the victim or a member of the family of the victim of the previous offense;
(B) At the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in ORS 24.190 or any other court order prohibiting the person from contacting the victim;
(C) At the time the offense was committed, the person reasonably believed the victim to be under 18 years of age and more than three years younger than the person; or
(D)(i) The person conveyed a threat to kill the other person or any member of the family of the other person;
(ii) The person expressed the intent to carry out the threat; and
(iii) A reasonable person would believe that the threat was likely to be followed by action.
(5) It is not a defense to a charge under subsection (1)(a)(C) of this section that the defendant did not know the age of the victim.
(6) As used in this section, electronic threat means a threat conveyed by electronic mail, the Internet, a telephone text message or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2; 2009 c.783 §1; 2013 c.649 §26]
Interfering with a peace officer or parole and probation officer.
(1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355:(a) Intentionally acts in a manner that prevents, or attempts to prevent, a peace officer or parole and probation officer from performing the lawful duties of the officer with regards to another person; or
(b) Refuses to obey a lawful order by the peace officer or parole and probation officer.
(2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.
(3) This section does not apply in situations in which the person is engaging in:
(a) Activity that would constitute resisting arrest under ORS 162.315; or
(b) Passive resistance. [1997 c.719 §1; 1999 c.1040 §7; 2005 c.668 §1]
Criminal mischief in the second degree.
(1) A person commits the crime of criminal mischief in the second degree if:(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or
(b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.
(2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146; 2009 c.16 §5]
