Zachary Neal and Amanda Neal Roth
Living in California and Nevada, the two writers are siblings of Ovid Neal, who was killed in Eugene in 2018. They have provided the Oregon Legislature with several testimonies regarding the mistakes they believe caused their brother’s death.
On October 3, 2018, Jessica Simmons and Jonathan Kirkpatrick viciously killed our homeless brother Ovid Neal while he slept. Simmons said in court that they had attacked homeless man Gerald Fruichantie, who was blind in one eye, in a similar manner the previous evening.For other offenders, the brutal murder of our brother by Simmons and Kirkpatrick might have resulted in a minimum penalty of 25 years in jail.
However, despite their heinous crime, Simmons, now 21, and Kirkpatrick, 22, were exempt from adult charges under an Oregon legislation that was passed the year after Ovid’s murder. Therefore, by the time they turn 25, they will be freed from the custody of Oregon Youth Authority facilities. Regardless of whether they have demonstrated repentance or rehabilitation, they will be released. OYA acknowledges that criminals will still be freed and won’t be subject to parole conditions or further supervision after they turn 25 even if the agency’s Parole Review Committee determines they aren’t ready for parole.They are able to lawfully buy firearms four years later.
This is a public safety emergency, not a case of justice.
The Legislature enacted Senate Bill 1008 in 2019 with the goal of giving adolescents convicted of serious crimes compassionate choices. Its implementation, however, might put the public at risk by allowing dangerous offenders to reenter society without adequate protections. In the current session, lawmakers should address the inadequacies of this statute and make sure that a minor who has committed a major crime gets released from custody based on clear proof of rehabilitation rather than only the person’s 25th birthday.
It is impossible to overestimate the number of young people in OYA care who experienced serious abuse or neglect before committing their offenses. The great majority of those in OYA’s custody have mental health diagnoses, the agency said. We think the problems at OYA and other state organizations are structural and cannot be fixed by simply adding workers, despite OYA’s assertion that it can offer the required therapy.
We have valid concerns about the state’s and OYA’s capacity to adequately treat those convicted of severe offenses in terms of mental health.
Before they killed our brother, Simmons and Kirkpatrick were already under suspicion by the state. Simmons was under a juvenile justice arrest warrant and had previously been in OYA’s care. She was also in breach of her parole at the time of the murder. According to court documents, Kirkpatrick’s family was housed by the state, but Human Services child protection authorities did not conduct much follow-up in spite of the lack of adult supervision, frequent truancy problems, and a police report that Kirkpatrick had beaten his father.For youth mental health services, the state consistently ranks among the poorest in the nation, and OYA’s leadership has highlighted the growing complexity of the issues that staff members are encountering.Notably, the court presiding over Kirkpatrick’s case stressed that the standard of mental health care he receives at OYA is crucial to his future success, despite the agency’s admission that it cannot even fill all of the allocated posts.
The pursuit of justice must transcend capricious age-based release schedules. Before releasing violent offenders, it must make sure they are no longer a threat to the community. If a person continues to pose a risk, they ought to be detained and treated until it is safe to reintegrate them into society.
OYA has proven to have a corrupt and poorly run culture. An 18-year-old is being charged with murder in Medford after breaking out of an OYA prison facility a year ago. Numerous claims that OYA employees gave medicines to detained youngsters in order to force them into intercourse are detailed in lawsuits filed against the organization. OYA social worker Emily Echtenkamp was charged with prison sex in late 2023.
How can we rely on OYA to protect Oregon given their history?
More lives will be lost and systemic trust will continue to decline in the absence of reform.
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We urge the Oregon Legislature to make important changes.
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Increase oversight of OYA to address the mental health needs of incarcerated youth and ensure the agency has both sufficient funding and qualified psychiatric personnel to address the increasing acuity of youth mental health needs.
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Amend laws that allow individuals convicted of murder as minors to purchase firearms.
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Require Oregon sPsychiatric Security Review Board
to evaluate murderers before considering their release from custody to confirm they are no longer a threat to themselves or the community.
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Change Oregon s law to allow minors who commit murder to stay in custody past their 25th birthday if the Psychiatric Security Review Board determines they are a threat to the community.
Oregon has to take action right away. It is essential to the integrity of our legal system and the protection of our communities.
