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July 24, 2005

Fatal crash report released

Details show Judge Rebecca Orf resisted working with police during investigation

By JACK MORAN
Mail Tribune

Police reports show a Jackson County judge and her attorney husband declined to fully cooperate with officers investigating events surrounding a fatal wreck involving an intoxicated Ashland teenager.

Records released Friday show juvenile court Judge Rebecca Orf and her husband, local defense attorney David Orf, resisted working with police during an investigation into the whereabouts of Kevan Thatcher-Stephens in the hours prior to the double-fatal crash on Feb. 11. Reports indicate he had been at the Orfs’ home multiple times in the week leading up to the wreck.

The Orfs were in Mexico on vacation the week the crash occurred. They left their teenage son, Drew, at home and told investigators a house-sitter supervised their son while they were away.

Thatcher-Stephens and a Shady Cove man, Charles Bench, died when the 17-year-old’s Jeep Cherokee, estimated to be traveling at speeds in excess of 100 mph, struck Bench’s vehicle in a downtown Medford intersection. Thatcher-Stephens’ passenger, Ian Graham-Collier, 17, and Mark Robustelli, 27, a passenger in the Blazer, were both injured in the crash.

Police expressed frustration during the investigation about a lack of cooperation from people close to the incident, but Medford police Lt. Tim George said the Orfs were not compelled to talk.

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"That’s certainly a right (the Orfs) exercised," George said. "People certainly don’t have to talk to us."

The Mail Tribune filed a public-records request with the city of Medford on June 10 for the case report detailing the police investigation into the crash. City attorney John Huttl released the 798-page account Friday.

A thorough review of the report shows investigators spent a great deal of time trying to determine if Thatcher-Stephens was at the Orfs’ Ridge Drive home in Ashland before the intoxicated teen sped toward Medford on Highway 99, driving recklessly. An initial test showed Thatcher-Stephens’ blood-alcohol content was about .16 percent at the time of the crash.

That’s twice the legal limit of .08 for adult drivers. Any amount is illegal for minors.

"I am distressed the focal point (of the investigation) became my son (Drew Orf), because I have seen no evidence supporting him being the focal point," David Orf said during a telephone interview Saturday. "As far as I am concerned, ethics and honesty are things I take extremely seriously, and I tried to be ethical and honest in my response to (investigators)."

The report states that Thatcher-Stephens’ mother, Patrice Thatcher, told police she heard from "several of Kevan’s friends that Kevan and Ian (Graham-Collier) had been drinking at Drew Orf’s house after they left her home" the night of Feb. 11.

But investigators said they never found any teens who told them Thatcher-Stephens was drinking at the Orfs that evening. Police spoke of a "code of silence" and said potential witnesses deliberately withheld information that could have helped detectives learn more about the source of the alcohol consumed by Thatcher-Stephens that night.

"One of the frustrating things about this entire investigation was that there were a lot of people who wouldn’t talk to us," George said. "I am convinced there are people out there with information we don’t know about."

  • Aaron Daly, a close friend of Thatcher-Stephens, told Medford police Detective Terry Newell that a group of Ashland teens "partied and drank alcohol (at the Orfs’) all week" when the couple was in Mexico between Feb. 4 and Feb. 12, a report states.

    Daly told Newell the teens "had been making plans to have a large party at Drew (Orf’s) on Friday before the parents returned from vacation" and that he and three other Ashland youths began drinking alcohol and smoking marijuana at the home that afternoon.

    While investigators never learned how Thatcher-Stephens obtained alcohol the night of the crash, Daly told police he believed Drew Orf and another teen went to Ashland’s plaza and persuaded an adult to purchase a bottle of vodka and other liquor that was later consumed at the Orfs’.

    Rebecca Orf said Saturday that her son told her Thatcher-Stephens stopped by the house a few hours before the crash, but did not drink or obtain alcohol at their home.

    "I know that he came by our house in the very late afternoon and asked my son to go out with him, and my son declined," she said. "My son said that was the last time he saw Kevan."

    Daly said he was intoxicated at the house when Thatcher-Stephens phoned him to ask if he wanted to go to Medford. According to Newell’s report, Daly said he believed Thatcher-Stephens was in his vehicle outside the Orf’s home, but never saw Thatcher-Stephens inside the Orf’s residence that night.

    The party ended sometime after 9:30 p.m., when Daly said he and about 15 other teens who had been drinking at the Orfs received word that Thatcher-Stephens had died, a report states.

  • David Orf, who was eventually subpoenaed to testify before a grand jury in connection with the case, declined to provide a statement to Newell about the investigation on the advice of his attorney. But during a conversation with Beth Heckert, Jackson County’s chief deputy district attorney, he said he was aware his son had partied at the house while he and his wife were in Mexico, according to the police report.

    "David Orf told Beth Heckert that when they left on vacation they did not leave any alcohol in the residence," Newell wrote. "He stated he learned there had been drinking at these parties, so he commented that the alcohol had been brought to the party.

    "Beth Heckert stated she encouraged David Orf to contact the police and provide them with the house sitter’s name because the house sitter could clarify details of the case, and David Orf’s comment was that he didn’t believe that was necessary," Newell wrote.

    Additionally, Newell’s report states that Orf told Heckert his son had received a phone call from Thatcher-Stephens before the crash. But Orf would not allow Ashland police Detective Brent Jensen to interview his son in connection with the investigation, according to a search warrant affidavit contained in the case file.

    Orf said Saturday that his son was still grieving about his friend’s death when Jensen approached him. He said Jensen was invited to return and interview his son later that week, but never did.

    "David Orf told Beth Heckert that he and his wife knew Kevan Thatcher-Stephens but did not approve of him," Newell wrote. "He was not allowed in their home. They considered him the root of the trouble with their son Drew. Had they been home, they would not have allowed him inside."

    David Orf on Saturday declined to talk about his conversation with Heckert.

    Newell’s report states that when he spoke with Rebecca Orf as part of the investigation, she would not reveal the name of her house sitter, and told them "she (Orf) was upset that the police were interviewing the high school students and not allowing them an opportunity to grieve."

    Rebecca Orf said she does not recall investigators asking her the name of her house sitter.

    "I felt like when investigators came to my house, I answered everything they asked me that day," she said.

    Police eventually tracked down the house sitter, Lisa Groover, a family friend who told investigators she spoke with the Orfs about the week’s events upon their return from Mexico.

    Groover "advised that Dave and Rebecca Orf suggested to her that she hire an attorney," Newell’s report states. "Lisa advised me she told them she had done nothing wrong and didn’t think that she needed an attorney. She suggested to the Orfs that she (Groover) contact the police and provide a statement. Lisa Groover advised me that they told her they didn’t think that was a good idea ... ."

    Rebecca Orf said Saturday that she and her husband only "told Lisa if she wanted legal advice before she talked to police, that she should get independent legal advice."

    Groover told Newell that Thatcher-Stephens visited the Orfs’ home "on a couple of occasions" while the couple was away for the week, but she did not see him on Feb. 11.

    "She was not aware Kevan was there that night," Rebecca Orf said.

    Groover additionally said she never witnessed teenage visitors drinking at the home while she was house-sitting, the report states.

  • Patrice Thatcher told Medford police Detective Mike Budreau she was so concerned about activities at the Orfs’ house in the week before the crash, that she anonymously phoned Ashland police to report "partying and drinking" at the home, a report states.

    Kathy Wilson, the mother of Thatcher-Stephens’ girlfriend, told Budreau her daughter, Audrey, drove the boy home from the Orfs’ the night of Feb. 4 "because he was too drunk to drive," according to Budreau’s report.

    Another friend of Thatcher-Stephens’, Jamin Burchard, initially provided little information to an investigator who interviewed him in connection with the case. Detective Jensen told Newell he believed "the interview had been stopped as a result of a phone call (Burchard) had received from his friend’s father, David Orf," according to Newell’s report. Burchard denied that and said it was he who called Orf to ask if he had to speak to the police.

    David Orf said Saturday he did not initiate phone calls with any minor questioned by police during the course of the investigation.

    "I’m not going to confirm or deny any contact with any named person who consulted me for legal advice," he said.

    During a follow-up interview at juvenile hall following Burchard’s arrest on burglary charges, the teen told Newell that while he "didn’t know if there was any drinking involved and claimed he didn’t see any" during two visits to the Orfs’ while the judge and her husband were in Mexico, he had previously drank alcohol with Thatcher-Stephens.

    "I confronted Burchard several times during our conversation concerning his honesty," Newell wrote. "I explained that his information directly conflicted with information previously obtained by other investigators. Burchard denied lying about any of the facts. ... He couldn’t explain the discrepancies between his statements and others’ statements."

    Burchard said Thatcher-Stephens would consume only Jagermeister, a 70-proof (35 percent alcohol) German liqueur. Jensen found a discarded, empty bottle of Jagermeister near the Orfs’ home during a "neighborhood canvas" a few days after the fatal crash, according to Newell’s report.

  • While investigators hoped the grand-jury process would yield further information about circumstances leading to the fatal crash, six of eight witnesses called during an April hearing invoked their Fifth Amendment right to not testify on the grounds it could incriminate them, said Josephine County District Attorney Stephen Campbell, who handled prosecution of the case. The main purpose of the hearing was to determine if any adult played a part in providing alcohol to Thatcher-Stephens on Feb. 11.

    David Orf said he did openly testify before the grand jury — a process that led to no criminal charges against him.

    "I gave a full, truthful and honest statement," Orf said. "I did not claim any rights or privileges. I just told the truth."

    Evidence gathered during the investigation resulted in Graham-Collier being charged with being a minor in possession of alcohol. A 17-year-old Ashland girl was charged with furnishing alcohol to minors, but Campbell said it was not proven that the liquor she allegedly supplied made it into Thatcher-Stephens’ hands.

    Besides testing positive for alcohol after the crash, Thatcher-Stephens also had marijuana in his system at the time of the crash. His passenger, Graham-Collier, 17, had a blood-alcohol content of .103 percent, and tests showed he also had used cocaine and marijuana before the wreck, according to Budreau’s search warrant.

  • Thatcher-Stephens shouldn’t have been driving the night of Feb. 11. Besides being intoxicated, the teen had a suspended driver’s license. His father, James Stephens, told Budreau he had hidden the Cherokee and its keys a day before the wreck — after Thatcher-Stephens was ticketed by an Ashland police officer. Patrice Thatcher has said she and her husband "had no idea where (their son) obtained an extra key" before driving to Medford and causing the fatal crash.

    At about 9:30 p.m. on Feb. 11, Thatcher-Stephens sped through Medford in his Jeep, ran a red light at the intersection of Jackson Street and Riverside Avenue and crashed into the Chevy Blazer driven by Bench, 26. Investigators said the Cherokee was traveling about 102 mph when the collision occurred. Graham-Collier and a passenger in the Blazer, Mark Robustelli, were both hospitalized with injuries from the wreck.

    Wreckage was scattered about the scene. The Blazer ended up more than 100 feet from the point of collision.

    "It was a horrific wreck that changed people’s lives forever," George said. "When it’s all said and done, the photographs of that scene need to be shown to every young driver in Jackson County."

    Talent police officer Jeff Price and Jackson County sheriff’s Capt. Joe Puckett chased the speeding Cherokee before the crash. The grand jury concluded both officers acted appropriately in pursuing the vehicle.

    Reach reporter Jack Moran at 776-4459, or e-mail jmoran@mailtribune.com. Reporter Sarah Lemon contributed to this report.




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