Judge denies defense’s request to indict two deputies in grand jury room on leg binding charges in Bend baseball bat attack

BEND, Ore. (KTVZ) – A Deschutes County judge on Monday rejected a defense request to dismiss charges against a Bend man charged with attempted murder in a baseball bat attack on his roommate in August over a leg iron he wore underneath, accused was his clothing or two armed deputies in the room when he testified before a grand jury.

District Judge Alycia Sykora made the ruling after hearing final arguments on a defense motion to dismiss charges against Timothy John Boyd, 66, who also faces first-degree assault and unlawful use of a weapon in an Aug. 18 attack that left Stephen critically injured Jay Steria, 58, was injured at the home they shared on Southwest Arrow Wood Drive.

The focus of the motion and hearings was on the circumstances under which Boyd was granted a rare request to testify in person before the grand jury, hear from witnesses, and then issue the indictment – and in particular, another judge’s decision after a hearing, an “invisible” leg iron and two armed, uniformed deputies in the small grand jury hearing room.

Defense attorney Evander McIver claimed that the presence of the two deputies was “at arm’s length” from his client and that his limping gait with the “massive braces clearly visible” under his pants put the grand jury at a disadvantage to his client and prejudiced his constitutional rights Rights to claim violated process and impairment of his presumption of innocence.

“It’s scary, it’s intimidating, it influences the defendant’s testimony,” McIver claimed.

McIver claimed that restraints were only permissible when there was “an imminent and serious threat of dangerous and disruptive behavior,” which Boyd had not demonstrated, whether related to prison behavior or other violent acts.

Assistant District Attorney Joseph Langerman cited “legitimate security issues,” including the layout of the room and the nature of the charges.

“There is no evidence that the grand jury knew about the restrictions — none,” he said.

Sykora, ruling from the bench, said: “I understand that passions run high,” noting that the arguments had also referred to the involvement of three judges in the injunctions – the last of which was incorrectly referred to one deputy rather than two in the room, which prosecutors said was a mistake – a “clerical error.”

She also said she did not provide grand jury statements or notes, nor measurements or plans for the grand jury room, limiting her “ability to grasp the full context” for the defense’s claims.

But the judge noted more than once that Boyd had called the police to his home, had dried blood on his clothes, and appeared to not only admit to the attack but also claimed that he had intended to kill Steria, which he has since said Self-defense refers to an earlier attack on oneself.

Sykora also pointed out that “there is no evidence that a juror saw the defendant” in a position where the knee brace would be visible, and in a provided photo she said it was “like a knee brace under clothing.” looks that we people see.” older people wear.” But his knees were under the table.

“Nothing requires an unqualified statement,” she said, and “at no time did the defendant complain to any police officer that it was too crowded or restrictive.”

Boyd pleaded not guilty to the charge. His trial is currently scheduled to begin on January 8 and last six days.