Brian Duane Shepard was arrested on Thursday, January 7th 2021 and booked into Clackamas County Jail in Clackamas, Oregon.
The male arrested was listed as having a date of birth of 4/30/72 and was arrested for suspicion of the below crimes:
- ORS.164.805 - OFFENSIVE LITTERING
- ORS.162.247 - INTERFERING WITH PEACE OFFICER
- ORS.162.315 - RESISTING ARREST
- ORS.144.350 - PAROLE VIOLATION-SB 156
Bail has been set to 6500 for Shepard which is listed as a 6.0 ft 4 in white male weighing approximately 175 lbs.
Brian Duane Shepard was arrested in Clackamas County Oregon and Brian Duane Shepard 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 Clackamas County Oregon. For more regarding the Clackamas County Sheriffs department you can visit their website. They can also be contact them at their about us page.
Brian Duane Shepard is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Offensive littering.
(1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:(a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;
(b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or
(c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.
(2) As used in this section:
(a) Public transportation facility has the meaning given that term in ORS 164.365.
(b) Public way includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.
(3) Offensive littering is a Class C misdemeanor. [1971 c.743 §283; 1975 c.344 §2; 1983 c.338 §897; 1985 c.420 §20; 2007 c.71 §52; 2015 c.138 §2]
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]
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]
Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release; investigation by department.
(1)(a) The Department of Corrections or other supervisory authority may order the arrest and detention of any person then under the supervision, custody or control of the department or other supervisory authority upon being informed and having reasonable grounds to believe that such person has:(A) Violated the conditions of parole, post-prison supervision, probation, conditional pardon or other conditional release from custody; or
(B) Escaped from the supervision, custody or control of the department or other supervisory authority.
(b) Before issuing an order under paragraph (a)(A) of this subsection, the department or other supervisory authority shall investigate for the purpose of ascertaining whether the terms of the parole, post-prison supervision, probation, conditional pardon or other conditional release have been violated.
(2) Notwithstanding subsection (1) of this section, the department or other supervisory authority may order the arrest and detention of any person under its supervision or control if it has reasonable grounds to believe that such person is a danger to self or to others. A hearing shall follow as promptly as convenient to the parties to determine whether probable cause exists to continue detention pending a final determination of the case.
(3) As used in this section, escape means the unlawful departure of a person from a correctional facility, as defined in ORS 162.135, or from the supervision, custody or control of a corrections officer or other person authorized by the department or supervisory authority to maintain supervision, custody or control of the person while the person is outside the correctional facility. [Amended by 1969 c.597 §117; 1981 c.644 §8; 1987 c.320 §63; 1989 c.790 §44; 1995 c.423 §25; 1999 c.120 §2]
