The Eye rarely has anything good to say about The Bulletin’s editorial page, but this being the season of peace and good will, we’re going to pass out accolades for its series of editorials on the David Black case.
David Black is a young man who was peripherally involved in a fatal accident resulting from street racing in 2003. Because District Attorney Mike Dugan wanted to make an example out of somebody to deter street racing – and because Black refused to cop a plea to the serious charges the DA’s office filed against him – he ended up getting sentenced to 75 months in prison. (That’s six years and three months, if you don’t feel like doing the math.)
Black’s co-defendant, Randall Clifford, accepted a plea bargain and ended up spending only three months behind bars. Even the judge who sentenced Black agreed that the penalty was “disparate,” but he had no choice under Measure 11, a Kevin Mannix-backed get-tough-on-crime initiative passed by Oregon voters in 1994.
In an excellent series of editorials (unfortunately available on-line to subscribers only) The Bulletin compares Black’s case to those of others involved in similar – or much worse – incidents, including Christopher Goodson, a hardened criminal who killed a Bend woman in a grisly hit-and-run accident on Third Street in 2007, then tried to conceal his crime by reporting his car stolen and burning it. Goodson ended up getting the exact same sentence that Black did.
The editorial series is a scalding indictment not only of an overzealous DA’s office but of Measure 11, which was designed – and sold to the voters – as a policy to deal with hard cases like Goodson, not people like David Black. “Black is … in a terrible predicament that ought to appall
Oregon’s legislators, who have the ability to adjust Measure 11’s
strict requirements,” The Bulletin writes. “Black’s sentence is an affront to both justice and
common sense.”
The series concluded Friday with an appeal to Gov. Ted Kulongoski to commute Black’s sentence. We hope the governor will listen. (If you want to add your voice to The Bulletin’s appeal, you can phone 503-378-4582 or fill out a brief form to send an e-message here.)
In the meantime, we take our hat off to The Bulletin for a thoroughly researched, well-crafted and courageous piece of journalism. Ladies and gentlemen, well done.
This article appears in Dec 25-31, 2008.
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http://abcnews.go.com/Primetime/Story?id=132333&page=3
Mike Dugan you have made it to Primetime on ABC news just click the link above. Thats right not only do the people of our county think your stupid( at least those who think) but now you are known in the whole USA for being an idiot. Your known for fairness? NOT! One kid gets 3 months the next kid gets 6.5 years in the state pen because you want to make an example out of him. I am willing to bet when you were young you raced your car a bit or made your wagon go down the hill to fast. You are not God Mike Dugan heck your not even liked or respected. Is Calob Brown next? the boy who protected his mother and stabbed his step father in self defense next on your list of Prison kids headed away to rot from backwards Bend Oregon? Your corruption will be found out, you will be exposed and removed.
Mike Dugan has been an thorn in the side of Deschutes County residents for way to long. It is about time he is publicly ridiculed for the pain and suffering he has caused and continues to inflict on on the decent and good people of Deschutes County. “Vote Dugan Down” and watch Deschutes county become a place safer from political coruption.
Blame Dugan?…I think not. Black’s attorney totally failed him by not convincing him to plead….period. Black bears responsibility for not listening to his representation…he paid for his stubborn hubris…he gambled and lost…now he cries foul??? dont hold your breath for a pardon
sounds like Dugan has alot in common with other DA’s
in Wheeler county you can get beat up get your lip bit completely off get pick on until your fed up then get 14 months in the pen for tampering with a witness who was the one that bit your lip off whats this world coming to can’t law enforcement and the DA’s office spend their time putting real criminals like child molesters and theifs and dope heads where they belong not here they look the other way and choose to practice selective enforcement
“he paid for his stubborn hubris”
You’re saying it’s “hubris” to defend yourself against charges that you’re convinced you’re not guilty of? I thought that was every American’s right. Hell, if we’re going to adopt your philosophy, why have any trials at all? The DA charges you and you just plead guilty to whatever you’re charged with. Quick and easy.
At the time of the accident and now I believe you should be held accountable for your own actions. As in this tragic case no one made the young lady drive the car. This young man should not of been puniched in this manner. Dugan you have it all wrong.
BM, He made a decision….he lost….now he must live with the result…..period. He will serve out his entire sentence. Hell, would we even be discussing this if it wasnt for the fact that he is young, white and middle class??? Judicial injustice???? it happens every single day….to minorities .. and no one says squat, no outrage , no editorials, no nuthin man. “Man up” Mr. Black
“He made a decision….he lost….now he must live with the result”
I’ve heard that same argument before — maybe from you. Is that really all there is to it? We’re not talking about a card game, we’re talking about a man’s life being ruined. Shouldn’t there be some proportionality between the crime and the punishment?
“Judicial injustice???? it happens every single day….to minorities ”
I’m sure that’s true. But that doesn’t make what happened to Black right.
BM…..Why are you assuming Black’s life is “ruined”?? Jeez, your not giving the poor man much credit. A very terrible situation, but hopefully he has used his time effectivly while incarcerated. I am quite sure he will have strong family support upon his release….if he has any intestinal fortitude, he will learn from the adversity and move forward. I do not believe , as you do, that his young life is over. Ok, you think what happened to Black was wrong….well welcome to the game of life, my friend….its how you deal with shit.
All due respect Mr Rooster you sound like an idiot. This Kid shouldnt plead guilty when he is not… you missed the whole point, we shouldnt listen to the DA to tell us what we should plea. Mike Dugan has been found trespassing on other peoples property, I wish our laws read they way they did in 1880. If he would plea innocent does that mean he goes to the state pen for 6.5 years? Which is worse, violating property rights or riding in a car in a street race? Well back in the day the owner of the property would have chased Mr Dugan off and had every right. Mr Rooster I would stay out of trouble if I was you, dont defend yourself in this county, dont be involved in an traffic accident or you could get sent away for a long time…yet with a name like ROOSTER you are most likely Old and not MIKE DUGANS favorite target a young kid.
rooster: Okay, maybe “ruined” is an overstatement, but six years is a HUGE chunk out of anybody’s life, especially a young man’s. What do you think the prison experience will do to him? As a rule spending six years in the pen doesn’t improve people. Then when he gets out he’s going to be a convicted felon.
And please spare me the happy horse manure about intestinal fortitude and learning from adversity. Those platitudes are easy to say for somebody who hasn’t been through the ordeal this kid’s going through.
I’ve always thought of myself as cynical but I’m not in the same league with you when it comes to cynicism. Yes, there’s a lot of shit in life, but we should try to make life less shitty for each other instead of shittier.
Fed up…..sounds like your the only one here that cant really intelligently debate your position….no one else is calling people “stupid” and “idiot”. How old are you?,eleven or twelve. W
Rooster – Stating that a poor kid caught in the judicial system should “man-up”is not a position. And your posts are not really debate points, they are just the comments of a very cold person. While I am sure you are “dealing with that shit” I’ll stick with justice regardless of skin color.
Gadfly…”poor kid”?? “caught” Ha !! Thats a good way to slant it….victimizing a willing participant in the deaths of two girls…..wow man,what planet are you visiting from????
Rooster – you should go read up about the case. I’m not sure what your connection is but I’m getting the sense that you’ve got an axe to grind in this one and it has unfortunately turned you on this kid. Read the Bulletin series. It’s not equitable justice. The punishment does not fit the crime. I won’t be visiting planet “man-up” in the solar system of “intestinal fortitude.” P.S. Are you aware the rate of recidivism goes up the longer a person is incarcerated – that’s why, perhaps overstating it, HBM wrote “ruined.” It’s possible.
Interesting fact. I did not commit a crime that night, therefore I am not in prison.
Black would be free today if he had listened to the police when they told the whole group to break it up and go home. Better yet he should have already been home. But at least he was racing for a good reason…… so he wouldn’t get beat by a girl.
“Interesting fact. I did not commit a crime that night, therefore I am not in prison.”
Whether intentionally or not, Jon, that statement misses the whole point. All crimes are NOT equal, and the punishment should be in proportion to the crime. Do we sentence people to 20 years for dropping a candy wrapper on the sidewalk?
What’s the most Black would have been charged with under normal circumstances? Speeding? Reckless driving? Certainly nothing that would have gotten him 75 months behind bars.
But he was on the scene when a fatal accident happened and there was a DA who wanted to “make an example” out of somebody, so he gets sent up for more than six years.
I’m sorry, there is NO WAY for a fair and reasonable person not to see that this was a miscarriage of justice.
The crime David Black committed that night was speeding and yes, drag racing. The same crime the girls in the other car committed, particularly the one behind the wheel. They ALL could have gone home that night and they ALL took a risk in drag racing that night. The biggest crime committed that night was when the girl driving against David Black did not stop the car and let out her best friend and passenger when she started crying and pleaded they stop (read the record of the incident). The girl driving killed her friend that night. However, she died and the parents and Mike Dugan wanted someone to hang for those deaths. So, what does Dugan do, he goes all out against the boys in the other car and gets a hard on because David Black stood up to him and rightly said he did not kill the girls. Sounds like we have two issues here. One is that Dugan is most definitely a bully. Two is that they tried the wrong person for the deaths of the girl. You have to wonder, if David’s car had been the one that crashed and David and friends died and the girls had lived, would we have heard anything more about this than “Boys drag racing died at the scene.”
Wow, I remember that story. I wasn’t living in another part of the country at the time. It never even occurred to me when I moved here that this was the place that story took place. It was an utter and complete travesty of justice, some power crazed DA just wanting to make a name for himself.
Course, stories like this are more and more frequent. States like to talk about how much it costs to run a prison system, but they conveniently leave out that they secretly like large prison populations because they’re actually money boons. You can make the prisoners work for 17 cents an hour crafting office furniture or textiles to sell, the government gives states money to run the prisons, and more prisoners means more guards, and more guards mean more jobs.
Just a sad fact of what this country is spinning towards, which is a police state.
I center punch the point. Nobody made Black race that night! Nobody forced him to admit guilt by accepting a plea, he CHOSE to assert his innocence and was subsequently found guilty in a court of law. Dugan was not the judge and did not sit on the jury. After being told to cease, desist, and go home by the police he CHOSE to participate in a dangerously deadly activity. His and his parent’s attitude towards his own irresponsible behavior is the actual problem here.
Jon….Let me buy you a drink !!….very well stated. This slobbering and whining over a valid, lawful conviction is really amazing. I will re-state my previous opinion that if Black were not White, young and middle-class, NO ONE would have raised a peep.
Jon: “I center punch the point. Nobody made Black race that night!”
No, Jon, once again you miss the point by a mile. The penalty for street racing is NOT 75 months in prison. The charge against Black was totally inappropriate and over the top, filed because Dugan wanted to “make an example” and maybe show how “tough on crime” he is. (No DA ever lost an election by being too “tough on crime.”)
Rooster: “This slobbering and whining over a valid, lawful conviction is really amazing.”
You miss the point completely too. Just because the conviction was valid and lawful doesn’t make the charge or the sentence right and just.
You two guys seem unable (or unwilling?) to grasp the idea that the punishment should be appropriate to the crime. Your attitude apparently is that ANY crime committed by ANYBODY justifies ANY sentence, no matter how harsh. There’s really not much point in trying to discuss this issue with people who have such a narrow, simplistic (I almost said “simple-minded”) view of it.
You seem to be a minority of two. Maybe you should buy each other a few rounds and commiserate over how misunderstood you are.