IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, Case No. 08C51758 Plaintiff, FINAL JUDGMENT AND SENTENCING ORDER vs. TURNIDGE, JOSHUA ABRAHAM, Defendant. THIS MATTER came before the Court on an Indictment charging the Defendant with 10 Cotmts of AGGRAVATED MU RDER, the State anpearing personally and through Matthew D. Kermny, Katie Suver and Courtland Geyer, Deputy District Attorneys for the County of Marion and the defendant appearing personally and through Steven Gorham and Steven L. Krasik, attorneys for the defendant. The Defendant was tried by a Jury and, on December 8, 2010, unanimously found guilty of 10 Counts of AGGRAVATED MURDER. On December 22, 2010, the Jury unanimously answered the four sentencing questions in the affirmative. THEREFORE, IT IS ADJUDGED that the Defendant, Joshua Abraham Tumidge, is convicted of 10 Counts of AGGRAVATED MURDER as charged in Counts 1 through 10 of the lndictrnent: COUNT 1 The defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of Thomas Tennant, another human being, defendant having unlawfully and intentionally caused the death of William Hakim, an additional human being, in the course of the same criminal episode. COUNT 2 0 As part of the same act or transaction as alleged in Count 1 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of William Hakim, another human being, defendant having unlawfully and intentionally caused the death of Thomas Tennant, an additional human being, in the course of the same criminal episode. COUNT 3 As part of the same act or transaction as alleged in Count and Count 2 above, the defendant, on or about December 12, 2008, in Marion Cotmty, Oregon, did unlawfully and intentionally cause the death of Thomas Tennant, another human being who was a police officer, the death being related to the performance of Thomas Tennant's otiicial duties in the justice system, COUNT 4 As part ofthe same act or transaction as alleged in Count 1, Coimt 2 and Count 3 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of William Hakim, another human being who was a police oflicer, the death being related to the performance of William Hakim's official duties in the justice system. COUNT 5 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3 and Count 4 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did and intentionally, by means of an explosive, cause the death of Thomas Tennant, another human being. COUNT 6 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4 and Count 5 above, the defendant, on oi about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally, by means of an explosive, cause the death of William Hakim, another human being. COUNT 7 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5 and Count 6 above the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Criminal Mischief in the Degree by means of an explosive, to wit: and with intent to damage property, damage by means of an explosive, the building located at 2540 Newberg Hwy, the property of West Coast Bank, the defendant having no right to do so nor reasonable ground to believe that defendant had such right and in the course of and in the ftutheranee of the crime that defendant was committing, defendant personally and intentionally caused the death of William Hakim, a human being who was not a participant in the crime. COUNT 8 As part ofthe same act or transaction as alleged in Count l, Count 2, Count 3, Count 4, Count 5, Count 6 and Cotmt 7 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did Lmlawfully and intentionally commit the crime of Criminal Mischief in the Degree by means of an explosive, to wit: unlawfully and with intent to damage property, damage by means of an explosive, the building located at 2540 Hwy, the property of West Coast Bank, the defendant having no right to do so nor reasonable ground to believe that defendant had such right and in the course of and in the furtherance ofthe crime that defendant was committing, defendant personally and intentionally caused the death of Thomas Tennant, a human being who was not a participant in the crime. COUNT 9 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7 and Count 8 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Robbery in thelst Degree, to wit: unlawfully and knowingly while in the course of attempting to commit theti, and with the intent of compelling a person to deliver the property, use and threaten the immediate use of physical force upon another person, and use a dangerous weapon, and in the course of and in furtherance of the crime that defendant was committing, defendant personally and intentionally caused the death of William Hakim, a human being who was not a participant in the crime. A COUNT 10 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Cotmt 5, Count 6, Count 7, Count 8 and Count 9 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Robbery in thelst Degree, to wit: unlawfully and knowingly while in the course of attempting to commit theh, and with the intent of compelling a person to deliver the property, use and threaten the immediate use of physical force upon another person, and use a dangerous weapon, and in the course of and in ftutherance of the crime that defendant was committing, defendant personally and intentionally caused the death of Thomas Tennant, a htunan being who was not a participant in the crime. THE COURT FINDS: 1. The defendant's conduct in Counts the indictment violated one statutory provision of Aggravated Murder, and therefore, consists of one conviction involving the death of Thomas Tennant. 2. The defendant's conduct in Counts the indictment violated one statutory provision of Aggravated Murder, and therefore, consists of one conviction involving the death of William Hakim. 3. The defendant's conduct as to each of the alternative theories of Aggravated Murder individually supports the sentence of death imposed by the jury. IT IS HEREBY ORDERED, pursuant to law, that Counts 1, 3, 5, 8 and 10 merge for the purpose of this sentencing order. IT IS FURTHER ORDERED, pursuant to law, that Counts 2, 4, 6, 7 and 9 merge for the purpose of this sentencing order. IT IS FURTHER ORDERED, pursuant to law, that Count 18 merges for the purpose of this sentencing order with Counts 1 through 10. IT IS FURTHER ORDERED that on Counts 1, 3, 5, 8 and 10, involving the death of Thomas Tennant, the Defendant Joshua Abraham Ttmiidge is sentenced to death as provided in ORS IT IS FURTHER ORDERED that on Counts 2, 4, 6, 7 and 9, involving the death of William Hakim, the Defendant Joshua Abraham Turnidge is sentenced to death as provided in ORS Court No. D3 Mom-:v AWARD count No. 5 JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT sl'l\) Aint' and jointly and severally. ITEMIZED OBLIGATIONS: Restitution/Compensatory fine, is ordered to be paid to the Court and disbursed to: 5 (name and address of victim or agent) 5 1; (name and address of victim or agent) Pa Restitution AddendumlCompensatory tine attached hereto and by this reference incorporated herein 5 A $100 bmah probation fee $35 (Felony surcharge) 5 Unitary Assessment Fine 5 ORS Chapter I63 Assessment of above line is compensatory Assessment of ine is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion servicdprobation service/probation Attomey Fees (Costs) Defendant was found by the Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS l6l .665 [less any previously court-ordered contribution] ot`Attomey Fees are waived/suspended upon completion service/probation TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as followsz Make payments in accordance with a schedule of payments established by the Court's Collection Oliice. Pay this balance immediatelyq any unpaid portion upon release from incarceration shall be paid at a rate determined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this money award as provided by law and apply any bail or security on deposit herein toward this money award and, to the extent permitted by law, disburse them Erst to compensatory fines, then to restitution, Crime Victim Assessment, fines, assessments. fees and then to other costs adjudged 4 Judge DATED mis . Ct. Rptr. DDA 2 Def Atty Aa 4 Arresting Agency Crime Date cmcuir couk I Control Number 2 NOTICE TO THOSE OWING MONEY TO THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the court, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: B|ue=Court Canary=DA; Pink=Det? Go|denrod=Atty 35B Rev3/I0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, laintiti JUDGMENT vs_ VIGIW 1 Swti Qussell f- A Case# wm|%g Joslwl en ant. Count I Defendant has been convicted alleged in Count of the amended indictment/infonnation, by Guilty plea; No contest plea; tw ourt verdict; Stipulated facts verdict. Defendant is preszmt with legal counse Defendant knowingly .. A attomey aRer advice of rights, The Court Ends a presumptive probationary prison term of I months, with 1 grid block of CSS: IT IS HEREBY ORDERED THAT: THIS IS IS NOT A GUIDELINES SENTENCE. THIS IS ASTIPULATED SENTENCE. THIS SENTENCE IS A PRESUMPTIVE SENTENCE. QYTHIS IS A PERSON CRIME CONVICFION. KTHIS IS A BMI I37.700) CONVICFION. SDTTENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS l37.635. IS A ORS I37.7I7 PROPERTY CRIMES SENTENCE. THIS SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. Q0 THE COURT FINDS THAT DEFENDANT HAS BEEN CONVICTED OF A CRIME SPECIFIED IN ORS I37.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as sex offender pursuant to ORS ISI .594-l8l .596_ DEFENDANT shall submit to an HIV test pursuant to ORS l35.l39. W6 DEFENDANT SHALL BE COMMITTED TO THE CUSTODY OF OREGON STATE DEPARTMENT OF COUNTY SUPERVISORY AUTHORITY FOR qo MONTHS. THE LENGTH OF SUPERVISION SHALL BE MONTHS. If defendant violates conditions cfpost~prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. The Court linds beyond a reasonable doubt that defendant used or threatened the use of a firearm. The defendant shall serve a mandatory minimum nf pursuant to ORS l6l.6l0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I997). Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS l37.750 or based upon the fact that this is a conviction pursuant to ORS 137.700 (Bal ot Measure Il). QQ . SHALL BE PLACED ON PROBATION TO )Marion County Corrections Court Pursuant to 137.012 for period of months with the following conditions comprising the terms thereof: DEFENDANT SHALL SERVE THE SANCTION UNITS SET FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECTIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to DEPART on the number of sanction units available for use during the probation term, for a TOTAL OF SANCTION UNITS, WITH UNITS l`N THE CUSTODY OF THE MARION COUNTY JAIL. Defendant shall NOT receive credit for presentence incarceration. (X) Defendant shall obey all municipal, county, slate and federal laws. Attached conditions of supervision dated are incorporated herein. )The incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, . DEFENDANT IS to pay to the Clerk ofthe Court the amounts designated under the Money Award section, which is set forth hereaher and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss is allowed for count(s) . Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall be destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS l3l .550 l3l.600: and defendant waives all right, title and interest to said pmperty. IT IS FURTHER ORDERED AND ADJUDGED that: IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. JUDGMENT Page I of2 COPIES: Blue Court Canarv=DA: Pinlt=Def2 Goldenrod=Attv Rev 06/06 Court No. MONEY AWARD count No. lj JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT 2, QQM and ,jointly and severally. IT EMIZED OBLIGATIONS: Restitution/Compensatory fine, is ordered to be paid to the Court and disbursed to: 5 (name and address of victim or agent) 3 (name and address of victim or agent) )Per Restitution Addendum/Compensatory fine attached hereto and by this refnenoe incorporated herein A $l00 bench probation fee $35 (Felony surcharge) Unitary Assessment Fine 5 Q0 ORS Chapter |63 Assessment of above line is compensatory Assessment of fine is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion service/probation service/probation Attorney Fees (Costs) Defendant was found by the Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS l6l .665 [less any previously court-ordered contribution] of Attomey Fees are waived/suspended upon completion service/probation I TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court's Collection Office. Pay this balance immediately; any unpaid portion upon release from incarceration shall be paid at a rate determined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this mo 'ded law and apply any bail or security on deposit herein toward this money award and, to the extent permitted by law, disb ompensato nes, I restitution, Crime Victim Assessment, fines, assessments, fees and then to other costs adjudged he f/ Judge DATED this 'mY I .A 90 Ct. Rptr. DDA iv 4" Det' Atty 9 Arresting Agency 4 _7 crime one 2- Us mculr coun DGE Control Number lp NOTICE T0 THOSE OWING MONEY TO THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the court when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: BIue=Court Canary=DA; Pink=Def2 Goldenrod=Atty 35B Rev3/ I 0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintili JUDGMENT vs. . Cm# 15% I ant Count Defendant has been convicted of IPI as alleged in Count of the amended indictment/information, by Guilty plea; No contest plea; Court verdict; Stipulated facts verdict. Defendant is present with legal counsel. Defendant knowingly waived attomey alter advioe of ri ts. The Court Ends a presumptive() probationary EQ prlson term of 3] fi months, with a grid block of CSS: I CHS: lj IT IS HEREBY ORDERED THAT: THIS IS IS NOT A GUIDELINES SENTENCE. IS ASTIPULATED SENTENCE. SENTENCE IS A PRESUMPTI IS A PERSON CRIME IS A BMI I37.700) CONVICFION. SENTENCE IS A DETERMINATE SENTENCE PURSUANT T0 ORS l37.635. IS A ORS l37.7l7 PROPERTY CRIMES SENTENCE THIS SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. (M THE COURT FINDS DEFENDANT HAS BEEN CONVICTED OF A CRIME SPECIFIED IN ORS l37.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A BLOODIBUCCAL SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as a sex offender pursuant to ORS ISI 8 I .596. DEFENDANT shall submit to an HIV test pursuant to ORS l35.l39. (DQ DEFENDANT SHALL BE COMMITTED THE CUSTODY OF OREGON STATE DEPARTMENT OF CORRECT COUNTY SUPERVISORY AUTHORITY FOR MONTHS. THE LENGTH OF SUPERVISION SHALL BE MONTHS. If defendant violates conditions of post-prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. The Court Ends beyond a reasonable doubt that defendant used or threatened the use of a Iirearm. The defendant shall serve a mandatory minimum of pursuant to ORS l6l.6l0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I 997). (bl) Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS l37.750 or based upon the fact that this is a conviction pursuant to ORS 137.700 (Ballot Measure I I). (W DEFENDANT SHALL BE PLACED ON PROBATION TO )Mariun County Conections Court Pursuant to |37.0l2 for a period of months with tl1e following conditions comprising the terms thercofi DEFENDANT SHALL SERVE THE SANCTION UNITS SET FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECT IONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to DEPART on the number of sanction units available for use during the probation tenn, for a TOTAL OF SANCT ION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY JAIL. Defendant shall NOT receive credit for presentence incarceration. (X) Defendant shall obey all municipal, county, state and federal laws Attached conditions of supervision dated are incorporated herein. )The incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, DEFENDANT IS SENTENCED to pay to the Clerk of the Court the amounts designated under the Money Award section, which is set fortI1 hereafter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss ls allowed for count(s) Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall be destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS l3l.550- l3l.600: and defendant waives all right, title and interest to said pmperty. IT IS FURTHER ORDERED AND ADJUDGED that: IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. JUDGMENT Page I of 2 COPIES: Blue Court Canary=DA; Pink=Def; Goldenrod=Atty Rev 06/06 02051755 MONEY AWARD count No. I5 JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT i and jointly and severally. ITEMIZED OBLIGATIONS: I Rcsfimaan/compensatory nm, is oramd to be paid to mc com and disbursed to; 5 (name and address of victim or agent) 3 A (name and of victim or agent) Per Restitution Addendum/Compensatory tine attached hereto and by this reference incorporated herein A S100 bench probation fee S35 (Felony surcharge) I Unitary Assessment Fine ORS Chapter |63 Assessment of above fine is compensatory Assessment of fine is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion senrioe/probation service/probation Attomey Fees (Costs) Defendant was found by the Coun to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS IGI .665 [less any previously court-ordered contribution] of Attomey Fees are waived/suspended upon completion service/probation TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court's Collection Pay this balance immediatelyq any unpaid portion upon release ti'om incaroemtion shall be paid at a rate determined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this money award as provided by law and apply any bail or security on deposit herein toward this money award and, to the extent permitted by law, disburse th . tory tineg, that to restitution, Crime Victim Assessment, fines, assessments, fees and then to other cuss adjudged herein Judge DATED this "l1/1 ig A . Ct. Rptr. n. V1 DDA Swu Def Atty Anesting Agency crime Date \z-nz-D I lv Control Number 1 EW NOTICE TO THOSE OWING MON EY T0 THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the coun, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: Blue=Court Canary=DA; Pink=DctZ Goldenrod=Atty 35B Rev3/l 0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintiff JUDGMENT vs. 09 case# 036511255 ef Count# i Defendanthasbeen convictedof I, I I I I `"Crise?llegedinCount ofthe amended indictment/infonnation, by Guilty plea; No contest plea; Jw ourt verdict; Stipulated facts verdict. bg Defendant is present with legal cormsel. Defendant knowingly ed attomey alter advice of ri ts. The Court finds a presumptive obntlonsry prison term of months, grid block of CSS: I CHS: lj I IT IS HEREBY ORDERED THAT: THIS IS IS NOT A GUIDELINES SENTENCE. IS A STIPULATED SENTENCE. THIS SENTENCE IS A PRESUMPTIVE SENTENCE. THIS IS A PERSON CRIME CONVICTION. THIS IS A BM I 137.700) CONVICT ION. SENTENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS l37.635. IS A ORS l37.7l7 PROPERTY CRIMES SENTENCE. THIS SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS ADISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. THE COURT FINDS THAT DEFENDANT HAS BEEN CONVICT ED OF A CRIME SPECIFIED IN ORS 137.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as sex offender pursuant to ORS l8l.594-l 8 .S96. DEFENDANT shall submit to an HIV test pursuant to ORS l35.l39. DEFENDANT SHALL BE COMMITTED TO THE CUSTODY OF OREGON STATE DEPARTMENT OF COUNTY SUPERVISORY AUTHORITY FOR MONTHS. THE LENGTH OF SUPERVISION SHALL BE MONTHS. If defendant violates conditions of post-prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. 'I'lre Court finds beyond a reasonable doubt that defendant used or threatened the use ofa firearm. The defendant shall serve a mandatory minimum of pursuant to ORS l6l.6l0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I997). Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS l37.750 or based upon the fact that this is a conviction pursuant to ORS l37.700 (Ballot Measure II). DEFENDANT SHALL BE PLACED ON PROBATION T0 Marion County Corrections Coun )Pursuant to l37.0l2 for a period of months with the following conditions comprising the tenns thereof DEF ENDANT SHALL SERVE THE SANCTION UNITS FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECT IONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to DEPART on the number of sanction units available for use during the probation term, for a TOTAL OF SANCT ION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY Defendant shall NOT receive credit for presentence incarceration. (X) Defendant shall obey all municipal, county, state and federal laws. Attaghed conditions of supervision dated are incorporated herein. )'l1re incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, . QDEFENDANT IS SENTENCED to pay to the Clerk of the Court the amounts designated under the Money Award section, which is set forth hereafter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss Is allowed for count(s) Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall be destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS l3l.550 l3l.600: and defendant waives all right, title and int rest to said property. IT IS FURT ER ORDERED AND ADJUDGED that: IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. rr Pa" nf? Rlne Canarv=DA: Pink=DetE Goldenrod=At?y Rev 06/06 CourtNo. MONEY AWARD Count No. I JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT 0$i/ll/A lar and jointly and severally. ITEMIZED OBLIGATIONS: Restitution/Compensatory fine, is ordered to be paid to the Court and disbursed to: 5 (name and address of victim or agent) (name and address of victim or agent) Per Restitution Addei\dumlCompensatory fine attached hereto and by this reference incorporated herein A $100 bench probation fee S35 (Felony surcharge) Unitary Assessment Fine ORS Chapter l63 Assessment of above fine is compensatory Assessment of fine is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion service/probation service/probation Attomey Fees (Costs) Defendant was found by the Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS l6l .665 [less any previously court-ordered contribution] of Attomey Fees are waived/suspended upon completion service/probation 5 TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court's Collection Oftice. Pay this balance immediately; any unpaid portion upon release from incarceration shall be paid ata me detemained by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: lT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this money award as provided by law and apply any bail or security on deposit herein toward this money award and, to the extent permitted by law, disburset to Clilm Victim Assessment, fines, assessments, fees and then to other costs adjudged herein Judge I DATED this Qu ?44 1 A17 . Ct. Rptr. qi as Def Atty Arresting Agency 4; Crime Date 2 fl) IRCUIT COURT .I I I Control Number NOTICE TO THOSE OWING MONEY TO THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the court, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment- Page 2 of 2 COPIES: BIuFCourt Canary=DA; Pink=Def2 Goldenrod=Atty 35B Rev3/ lO IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintiff JUDGMENT vs. cm# 11% (sham . Count I Defendanthasbeenconvicted of fl A 5 II asallegedinCount I ofthe )amended indictment/infomtadon, by Guilty plea; No contest plea; Jw ourt verdict; Stipulated facts verdict i Defendant is present with legal counsel. Defendant knowingly attomey after advice of ri ts. The Court finds a presumptivebfprobationary prlsoa term of 2 months, with a block of CSS: CHS: I I IT IS HEREBY ORDERED THAT: IS IS NOT A GUIDELINES IS A STIPULATED SENTENCE, SENTENCE IS A PRESUMPTI ESENTENCE. THIS IS A PERSON CRIME CONVICT ION. THIS IS A BMI I37.700) CONVICTION. SENTENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS l37.635_ IS A ORS l37.7l7 PROPERTY CRIMES SENTENCE. THIS SENTENCE IS A DURATIONAL AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE, AND COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. THE COURT FINDS THAT DEF ENDANT HAS BEEN CONVICTED OF A CRIME SPECIFIED IN ORS I37.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A BLOODIBUCCAL SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as a sex offender pursuant to ORS I8 8I.596. DEFENDANT shall submit to an HIV test pursuant to ORS l35.l39. DEFENDANT SHALL BE COMMITTED TO THE CUSTODY OF OREGON STATE DEPARTMENT OF COUNTY SUPERVISORY AUTHORITY FOR MONTHS. THE LENGTH OF SUPERVISION SHALL BE MONTHS. If defendant violates conditions of post-prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. The Court Ends beyond a reasonable doubt that defendant used or threatened the use ofa firearm. The defendant shall serve a mandatory minimum of pursuant to ORS l6l.6l0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I997). Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS l37.750 or based upon the fact that this is a conviction pursuant to ORS I37.700 (Ballot Measure ll). . SHALL BE PLACED ON PROBATION T0 Marion County Corrections )Court )Pursuant to for a period of months with the following conditions comprising the terms thereof DEFENDANT SHALL SERVE THE SANCTION UNITS SET FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECTIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN RECORD to DEPART on the number of sanction units available for use during the probation term, for a TOTAL OF SANCT ION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY JAIL. Defendant shall NOT receive credit for presentence incarceration. (X) Defendant shall obey all municipal, county, state and federal laws. Attached conditions of supervision dated are incorporated herein. lThe incarceration shall be served CONSECUTIVELY witl1: any sentence previously imposed, DEFENDANT IS SENTENCED to pay to the Clerk ofthe Court the amounts designated under the Money Award section, which is set forth hereafter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss is allowed for count(s) . Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall be destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS I3l.550- l3l.600: and defendant waives all right, titleand inter tt said roperty. ITIS FURTHERO ERED AND ADJUDGED thatFURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. JUDGMENT Page of 2 COPIES: Blue Court Pink=Def? Goldenrod=Atty Rev 06/06 Cciun No. |v|oNEv Awrmo count No. I 1 JUDGMENT STATE or OREGON JUDGMENT sl/NA in fa/it/w~ and jointly and severally. ITEMIZED OBLIGATIONS: Restitution/Compensatory ting is ordered to be paid to the Court and disbursed to: 5 _lg (name and address of victim or agent) 3 (name and address of victim or agent) Per Restitution Addendum/Gompensatory fine attached hereto and by this reference incorporated herein I) A S100 bench probation tee S35 (Felony surcharge) Unitary Assessment rim ORS Chapter I63 Assessment of above tine is compensatory Assessment of tine is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion service/probation service/probation . Attomey Fees (Cons) Defendant was found by the Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS 161.665 [less any previously court-ordered cont:ribution] of Attomey Fees are waived/suspended upon completion service/probation 5 Z, TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court's Collection Office. _bi Pay this balance immediately; any unpaid portion upon release from incarceration shall be paid at a rate determined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this mo_ law and apply any bail or security on deposit herein toward this money award and, to the extent pemiittcd by law, disbursetlfem first to compensatory fines, I tion, Crime Victim Assessment, fines, assessments, fem and then to other costs adjudged herein. Judge ll' DATED this Def Atty Arresting Agency 5 YW Crime Date 1 /0 CIRCUIT COURT JUDGE Control Number NOTICE TO THOSE OWING MONEY T0 THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the court, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: Blue=Court Canary=DA: PinI<=Det? Goldmrod=Atty 35B Rev3/l 0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, Case No. osC5175s Plaintiff, i DEATH . vs. 3 TURNIDGE, JOSHUA ABRAHAM, i Defendant. 3 IN THE NAME OF THE STATE OF OREGON TO THE SHERIFF OF MARION COUNTY, OREGON BE IT KNOWN that the Defendant, JOSHUA ABRAHAM TURNIDGE, who on December 8, 2010 was found guilty by a Jury ofthe AGGRAVAT ED MURDER of Thomas Tennant and William Hakim, committed on December 12, 2008, a Jury having been empanelled did assess such evidence and unanimously returned answers to four issues as set forth in ORS 163.150 and the Court did thereaher on December 22, 2010, pronounce the judgment ofthe Court that JOSHUA ABRAHAM TURNIDGE shall be sentenced to death. I YOU ARE AUTHORIZED AND COMMANDED to deliver the Defendant to the Department Corrections, in the person of the Superintendent of the Oregon State Penitentiary pending the determination of the automatic and direct review of this case by the Oregon Supreme Court. THOMAS M. HART DATED at Salem, Oregon, this 24th day of Jan A Marion County Circuit Court Judge DATED and ATTESTED to this 24" day ofJanuary, 2011. A, 1 the Court