Story Published:
Feb 7, 2010 at 7:51 PM PDT
Story Updated:
Feb 7, 2010 at 7:51 PM PDT
EUGENE, Ore. – From parking meters to municipal court, Eugene man Ben Bond pleaded not guilty to obstruction of government or judicial administration in municipal court this past week. He received the citation for a Jan. 13 incident involving parking meters.
"I was just trying to keep a couple people from getting tickets," said Bond. He said he witnessed a parking officer preparing to write a ticket for a car parked in downtown, so he fed the meter.
According to the city, when the officer continued to write the ticket, Bond got upset, got in his car and followed the officer for several blocks while screaming out the window. Bond tells us he did feed 10 meters after that, but denies yelling at the parking officer.
When asked if he and the officer had a conversation, he said it was "just a small, brief exchange where I stated what I thought she did was wrong. And decided to go on my way and try to do something about it."
To be clear, the city is not citing Bond for feeding parking meters. Instead, the city says Bond's threats prevented the officer from doing her job.
"If the only evidence was that he was feeding meters this charge would not have been filed," said Dan Barkovic, city prosecutor.
Also in court, Bond's attorney William Wiswall filed two motions.
One asks for an advisory jury to be impaneled for the trial. In municipal court, judges determine a defendant's guilt or innocence, but an advisory jury can make recommendations.
"I feel on the face of the issue it could appear to the general public there would be conflict in municipal court ruling on testimony of a municipal employee," said Wiswall, who volunteered to work pro-bono on the case after hearing media accounts.
Barkovic plans to oppose the motion. He said judges hear testimony from city employees every day, as witnesses and victims. He also said he believe there is no legal basis for an advisory jury, since this is a criminal citation.
Wiswall also filed a motion asking the city to re-file its complaint against Bond. He said the complaint fails to state any actions Bond may have taken. The motion filed with the municipal court states, "the complaint consists, at most, of a recitation of the ordinance and the pleader's conclusion, without alleging supportive facts that the ordinance was violated."
A judge will rule on both motions March 1 and set a trial date. Barkovic said the parking officer plans to testify.
If found guilty, Bond faces a $530 fine and up to 48 hours of community service.
Bond was initially cited for misdemeanor harassment, but the prosecutor dropped that charge. Barkovic said the ordinance did not fit Bond's alleged actions.
Related Content