A trial date in April 2020 was set Friday for a $4 million lawsuit against the City of Lincoln City claiming negligence in the employment of youth league sports coach Tyler Lopez, who was sentenced to more than 40 years in prison for sex abuse of minors.
A 12-member jury trial is scheduled to begin April 21, 2020, in Lincoln County Circuit Court in Newport over an eight-day period and expected to conclude by May 1. Pretrial motions are set for March 2, and a hearing to review trial readiness is scheduled March 30.
The suit alleges that the Taft High graduate and former multisport star engaged in intentional conduct resulting in physical injury, mental injury, sexual abuse, and/or sexual exploitation of the plaintiff while employed as a youth league coach with the Lincoln City Parks & Recreation Department.
Specifically, the lawsuit, filed June 20, 2018, by the Portland-based law firm Crew Janci on behalf of guardian Margaret Doe and alleged victim Edward Doe (pseudonyms), claims Lopez, under the guise of being an authority figure, adviser and mentor, sexually abused and molested the plaintiff while he was a minor.
The suit asserts that “prior to the last incident of Plaintiff’s abuse, Defendant received notice of allegations that Lopez was engaging in inappropriate conduct with Plaintiff and/or other minors participating in LCCC’s youth sports programs and activities” but that, despite knowledge, “no employees or agents of Defendant commenced an adequate investigation, nor did they report the suspected abuse to state licensing authorities, the Department of Human Services, and/or law enforcement” as required under Oregon’s mandatory reporting laws.”
The suit further alleges that the victim “has suffered and will continue to suffer severe and debilitating physical, mental, and emotional injury, including pain and suffering, physical and emotional trauma, and permanent psychological damage.”
Lopez pleaded guilty Sept. 7, 2017, to numerous charges of sexually abusing six minors between 2013 and 2017 and was sentenced to more than 40 years in prison. As a part of the sentence, Lopez was ordered to register as a sex offender when he is released.
Lopez was arrested in March 2017 on 37 criminal charges related to sexual abuse of minors, including first- and second-degree sexual abuse, luring a minor, encouraging child sexual abuse, and charges related to creating child pornography. Bail was initially set at $1.5 million.
Lincoln City officials have not commented on pending or active litigation regarding the case.
A Lincoln City woman became the owner of a ski boat and pickup truck after allegedly stealing approximately $70,000 from an elderly Keizer couple.
Jody Collins, 52, was indicted by a Marion County grand jury on four counts of first-degree theft, five counts of first-degree criminal mistreatment and two counts of first-degree aggravated theft.
Court records indicate Collins, arrested Monday by Keizer Police, allegedly took at least $68,000 in money or property from Dorothea and EJ Strandberg, both over 65, between Jan. 1, 2015, and Aug. 1, 2017.
Collins reputedly bought a 1979 Bayliner, a slip to moor the boat at a Newport resort, and a 2009 Toyota truck, which are subject to forfeiture to the State of Oregon.
Listed as a flight risk, she is being held at the Marion County Jail with bail set at $340,000.
Renowned flugelhornist Dmitri Matheny will lead an all-star band Thursday, Aug. 1, in a tribute to the music of legendary composer Burt Bacharach at the Lincoln City Cultural Center.
Known for his warm tone, soaring lyricism and masterful technique, Matheny, is lauded as “one of the most emotionally expressive improvisers of his generation” (International Review of Music). He will perform with vocalist Holly Pyle, Dan Gaynor (piano), Michael Raynor (drums) and Eric Gruber (bass).
Reserved table seating for the 7 p.m. show is $25 for adults and $14 for youth, with a $2 discount for Cultural Center members. Tickets are on sale at lincolncityculturalcenter.org or by calling (541) 994-9994.
Popular music wouldn’t be the same without the beloved songwriting team of Bacharach and Hal David. Bacharach’s passionate melodies and David’s heartfelt lyrics delivered hit after hit, including “Close to You,” “What the World Needs Now” “Alfie,” and many, many more.
Now 91, Bacharach remains active as a touring and recording artist, prominently featuring the flugelhorn as a solo instrument in his concerts and on his albums.
Matheny has been lauded as “a visionary” (San Francisco Examiner) and “a jazz treasure” (All Music Guide).
An honors graduate of Berklee College of Music, he vaulted onto the jazz scene in the 1990s as the protégé of jazz legend Art Farmer. Since then, he has garnered a loyal international following, releasing 11 critically acclaimed CDs, touring extensively throughout the United States, Europe and Asia.
Celebrated for her “soulfully graceful, liquid-like voice” (Phoenix New Times), Pyle started as an opera major before studying jazz and psychology at Northern Arizona University.
Now one of the most popular vocalists in the Phoenix area, she performs with leading jazz groups, tours with the progressive soul-pop band House of Stairs, and appears regularly as a solo acappella act using electronic looping to build masterful sonic creations.
In the ’60s and ’70s, Bacharach was a dominant figure in pop music, racking up a remarkable 52 Top-40 hits. His compositions differed from much of the music of the era and typically boasted memorable melodies, unconventional and shifting time signatures, and atypical chords.
Combining elements of jazz, pop, Brazilian music and rock, Bacharach created a unique sound that embodied the time. David, Bacharach’s primary collaborator, supplied his music with lyrics worthy of the best Tin Pan Alley composers. David’s bittersweet lyrics were often in striking contrast to Bacharach’s soaring melodies.
To learn more or join the Cultural Center, visit lincolncityculturalcenter.org or drop by the LCCC Information Center off Highway 101 from 9 a.m.-5 p.m. Wednesday through Monday (closed Tuesday).
Former NLFR Fire Chief Doug Kerr, left, and interim chief Rob Dahlman are subjects of a $2 million lawsuit
Fired local firefighter Philip Rilatos has filed a $2 million sex discrimination lawsuit against North Lincoln Fire & Rescue District #1 seeking a jury trial and the firing of interim chief Rob Dahlman.
Court documents filed July 17 in Lincoln County Circuit Court allege sexual discrimination and harassment by several local firefighters and claim “a clear form of retaliatory behavior” against Rialtos, who was fired April 23.
In addition to North Lincoln Fire & Rescue District #1, the complaint names Dahlman, retired Chief Doug Kerr and firefighters Dennis Miles, Eric Maestas and David Bickerdyke as individual defendants.
“These great firefighters and administrators deserve great leadership, and a work environment free of sexual harassment and retaliation. Right now, they do not have that, and haven’t for quite some time,” Rialtos’ attorney, Joshua D. Zantello of the Lincoln City law firm Andrews, Ersoff and Zantello, said. “Our client hopes this case will put the right leadership in place, and correct the culture and climate at North Lincoln Fire District so the District, along with its firefighters and administrators, can continue to move forward and do great things for the community.”
Homepage is seeking comment from NLFR officials, including Dahlman and Fire Marshall Ed Ulrich regarding the alleged May 28, 2018, incident (detailed below).
Kerr put in 35 years of volunteer and career service with NLFR before giving his 90-day notice in November of last year announcing he would retire in late February. Division Chief EMS Coordinator Dahlman was promoted to replace Kerr as chief on an interim basis for a period of one year on March 1.
According to the document, Zantello’s firm is requesting a jury trial on Rialtos’ behalf, and claiming the amount in controversy exceeds the sum of $50,000, therefore not subject to mandatory arbitration.
The suit seeks judgments as follows:
Ordering Defendant FIRE DISTRICT to terminate Defendant DAHLMAN’s employment; Ordering Defendant FIRE DISTRICT to terminate Defendant MILES’ employment; Ordering Defendant FIRE DISTRICT to issue Defendant MAESTAS a written reprimand, which should be kept in Defendant MAESTAS’ permanent personnel file; Ordering Defendant FIRE DISTRICT to issue Defendant BICKERDYKE a written reprimand, which should be kept in Defendant BICKERDYKE’s permanent personnel file.
As a direct and foreseeable result of Defendants’ discrimination, Plaintiff suffered economic loss from lost wages of at least $126,240. As a direct and foreseeable result of Defendants’ discrimination, Plaintiff suffered non-economic damages including anxiety, worry, distress, embarrassment, humiliation, and loss of esteem valued at not less than $1,873,760.
“Our client has the utmost respect for the firefighting profession, and firefighters,” Zantello said. “North Lincoln Fire District has many outstanding firefighters and administrators, and our client is proud to have served with them.”
According to information culled from a report by private investigator D. Craig Stoelk of Stoelk Investigation and Consultation, LLC, of Salem, to Ersoff and Zantello, four incidents of alleged indiscretion in violation of employee policy against a worker occurred:
On May 28, 2018, members of North Lincoln Fire and Rescue District #1 sexually harassed Philip Rilatos by putting up a poster in Mr. Rilatos’ dorm stating “the Homo is here.” They also filled Mr. Rilatos’ dorm with pink balloons and a large number of sanitary napkins with the appearance of being used. North Lincoln Fire and Rescue failed to supervise their employees, failed to enforce sexual harassment training and policies, and failed to resolve the sexual harassment;
On Aug. 21, 2018, following an investigation, D. Craig Stoelk issued a written report finding that the May 28, 2018, incident was sexual harassment and constituted “a violation of the employer’s policy related to harassment.” Mr. Stoelk also found that North Lincoln Fire and Rescue “failed to conduct a proper/thorough harassment investigation as outlined by the employer’s policy.” Mr. Stoelk further found that North Lincoln Fire and Rescue’s “shunning” of Mr. Rilatos after Mr. Rilatos reported the May 28, 2018 incident “is a clear form of retaliatory behavior;”
On April 18, 2019, after months of repeated oral and written requests, as well as a public records request, North Lincoln Fire and Rescue finally allowed Mr. Rilatos to examine the August 21, 2018 report via his attorney, but would not allow Mr. Rilatos to retain a copy. April 18, 2019, is the first day Mr. Rilatos had knowledge (1) that his sexual harassment claim from May 28, 2018, was substantiated; (2) that North Lincoln Fire and Rescue’s own investigation was improper; and (3) that North Lincoln Fire and Rescue’s retaliatory behavior against Mr. Rilatos was substantiated;
On April 23, 2019, North Lincoln Fire and Rescue terminated Mr. Rilatos’ employment as further retaliation for reporting a substantiated sexual harassment claim.
A tort claim, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the act. It can include the intentional infliction of emotional distress, negligence, financial losses, injuries and invasion of privacy, among other things.
After a year of fundraising by Rotary Club of Lincoln City, new outdoor musical instruments are ready for use at Regatta Park and a dedication ceremony will be held later this month.
“The language of music is universal, and our city’s Regatta Park is such a lovely setting for Rotary-sponsored “Music in the Park,” Rotary Executive Secretary Estle Harlan said. “A universally appreciated medium in a local setting is very consistent with the objectives of Rotary.”
Rotary Club of Lincoln City approached Lincoln City Parks and Recreation after Rotary member Barbe Gibson-Jenkins returned from a road trip where she saw a musical instrument play area at a public park and felt it would be perfect for Lincoln City. The club immediately went to work, pledging to raise funds for musical instruments at Regatta Park.
“Members of the Rotary Club of Lincoln City recognize the great benefit of music in all lives,” Gibson-Jenkins said. “With the ‘Music in the Parks’ project, our goal is to make musical instruments free and always accessible to both local residents and visitors. We hope they are played, respected, and enjoyed for many, many years.”
Lincoln City Parks and Recreation enthusiastically accepted the project proposal, and the Rotary Club spent a year fundraising over $16,000 to purchase five musical instruments.
“We sincerely thank the Rotary Club of Lincoln City for their innovation and support of our public parks and community,” Lincoln City Parks and Recreation Director Jeanne Sprague said. “What an incredible playground to have in a park! And what an amazing community partnership!”
With installation completed by Parks Maintenance last week, the new outdoor musical instruments are free for the public to enjoy.
A “Music in the Parks” dedication ceremony is set for 12. p.m. Saturday, Aug. 24. Hosted by Rotary and Parks and Rec., the event will be part of the Oregon Children’s Music Festival (OCMF) which runs all day. Rotary Club of Lincoln City will be dedicating the new musical instruments to the Lincoln City community, with support from Lincoln City Parks and Recreation Board, Lincoln City Chamber of Commerce and Lincoln City City Council.
“Swimming off the dock at Regatta Park, I hear the normal sounds of boats, children laughing, and the satisfying splash of paddles into water,” Rotary Past-President Dave Price said. “Best of all, though, was a new sound – the sound of music, coming down the hill and onto the water, from the Music in the Parks installation. I’m proud of Rotary for adding this new creative outlet for our community – and in such a spectacular setting.”
OCFM will introduce “Piano.Push.Play,” which is a project to temporarily install five grand pianos in Lincoln City Parks. Regatta Park, 51st St/Taft, Nelscott Deck, Community Center, and the Public Plaza by Bob’s Books will all receive pianos.
A Lincoln City Police Ford Explorer Police Interceptor with the “out of service” sign Wednesday
Twelve Lincoln City Police Ford Explorer Interceptors are being fixed due to a recall issued by Ford, and two 2019 Explorers join the fleet with a fresh look.
The recall for LCPD’s Ford Explorers stems from a problem with the Powertrain Control Module (PCM), which the dealer will reprogram and fix for free.
“Fleet Maintenance stays on top of all recalls and makes sure the cars get taken in right away,” LCPD Sgt. Jeffery Winn said. “Emergency service vehicles have to keep running.”
A vehicle maintenance worker said Wednesday he was driving the cars to the dealership where they would reprogram the PCM. Lincoln City Public Works Vehicle Maintenance maintains all city vehicles, including the Police Interceptors.
Whenever non-police personnel are in a police vehicle, such as maintenance workers, a sign must be affixed stating: “out of service” to let the public know this particular vehicle can’t stop to provide law enforcement-type help.
The Dearborn, Michigan-based automaker is not aware of any injuries or incidents related to the potential defect.
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Lincoln City Police Ford Explorer
Lincoln City Police Ford Explorer
Two new 2019 Ford Explorer Police Interceptors joined the LCPD fleet this month after receiving IT upgrades, light bars, sirens and other equipment. The new Police Interceptors feature an updated graphics package with the city’s new text logo and a “ghosted” in American flag.
“The graphics package was considerably less than our old ones,” Winn said. “I’m driving one right now.”
With the ball in its court, credit the Lincoln City City Council with an assist for granting local kids free registration for participation in several youth sports leagues this fall.
Starting Aug. 5, the Lincoln City Parks & Recreation Department will offer free youth soccer for ages 5-10, volleyball for grades 3-6, and cross country for grades 5-8.
Taft High grad and Western Oregon University sophomore Gabe Arce-Torres parlayed his freshman season on the track last spring into being honored Tuesday for his academic success by the U.S. Track and Field & Cross Country Coaches Association.
Five Western Oregon student-athletes earned academic honors from the USTFCCCA at its annual meetings in New Orleans, with both the men’s and women’s track and field teams cited.
The women fielded a 3.37 GPA, while the men’s team posted a 3.12 GPA. In order to be considered for an academic award, teams must have a cumulative GPA of at least 3.0.
To earn individual honors, students must have compiled a GPA of 3.25 and have reached provisional or automatic qualifying standards for the NCAA Championships in either the indoor or outdoor seasons.
Gabe Arce-Torres
Arce-Torres, made the list as a freshman majoring in exercise science after setting a season-best in the 400 at the Great Northwest Athletic Conference Championships, where he clocked a time of 48.93.
His top mark in the 200 came in the Linfield Open, where he crossed in 22.88. He added a 1:58.67 in the 800 at the Bryan Clay Invitational, and competed in one cross country event at the Warner Pacific Classic, clocking 28:58.90.
Arce-Torres, 18, became the youngest athlete in Western Oregon school history to compete in the NCAA Division II Indoor Track & Field Championships when he ran the second leg of the 400-meter distance medley relay last March in Pittsburg, Kansas.
A pulled hamstring suffered late in his final District qualifying run as a high school senior cost Arce-Torres, a prohibitive favorite, a chance at three Class 3A State prep titles.
Mitchell Houston Conte, a Lincoln City pastor who was indicted on seven felony sex charges in June, was denied conditional release Monday by Judge Sheryl Bachart at the Lincoln County Courthouse.
Mitchell Houston Conte
“Conte’s attorney made a motion for conditional release which the Judge denied,” Deputy District Attorney Christine Herrman said. “He will stay in custody with $200,000 bail.”
Attorney Thomas J Elliot
Bachart denied the motion made from Conte’s privately retained Tuallatin-based attorney, Thomas J. Elliot, at Monday’s pretrial release hearing.
According to court documents, Conte may appear via video while in custody and his attorney will appear by phone.
A photo taken by Coastal Drone Academy shows eelgrass and algae
Students at a Lincoln City summer camp recently applied their burgeoning skills and the latest mapping technology to a unique work-study project that will ultimately assist the Port of Newport in future improvements.
Over the course of four sessions earlier this month, students from the Coastal Drone Academy (CDA) utilized aerial drones to capture images of eelgrass beds along the commercial marina sea wall and imported the data into mapping software. The results will play an important role in future dredging projects around the bustling marina.
Mapping results from images taken by CDA
“Development of Port property is only possible if the Port can mitigate for the environmental impacts of those development efforts,” explained Director of Operations Aaron Bretz. “The Port must make a concerted effort to learn about where eelgrass exists and where it doesn’t exist so that we can then determine what sort of changes can be made to our facilities. The data is vital to the Port’s planning efforts for years to come.”
CDA is part of Career Tech High School, a public charter school located in Lincoln City. The Community Services Consortium holds the charter for the institution that adopts technology-based workplace simulation to prepare students for a successful future.
Dr. Chuck Getter, CDA Instructor, worked with his students to map the entire length of the sea wall, both inside the harbor and in the outer area, during the lowest tides of the year. First referencing historical images, the student drone operators knew precisely where to fly the robotic cameras to capture the needed images. Some students have already obtained a commercial license to operate drones, while others are close to that achievement and gained vital practice time.
Every summer camp outing is a learning experience, Getter said, and since the commercial marina lies within the approach pattern for the Newport Municipal Airport, it is deemed controlled airspace by the Federal Aviation Administration (FAA).
“They learn about FAA airspace and the regulations of flight, how to file a flight plan with FAA, and if the FAA were to show up, they will want to see inspection records and know whether you are aware of any temporary flight restrictions in your area,” he explained.
CDA students learn how to build and care for drones, how to operate them safely, how to abide by the extensive rules and regulations surrounding drone operation, and how to demonstrate their proficiency with multiple aircrafts.
Earlier in his career, Getter worked as a consultant doing environmental impact assessments for governmental agencies and capturing this kind of imagery involved film photography taken from an airplane. “What used to take me weeks or months, I can get up in the air and produce in days,” he remarked.
From the Port’s perspective, the work of these students and their instructor will also represent a cost savings on future projects.
“CDA is providing us with data the Port would be required to provide in future permitting efforts,” Bretz explained. “In order to obtain that data, the Port would have to hire an outside firm to gather information. The Port will be able to use this data to reduce the cost of future feasibility studies and permitting efforts while providing an opportunity for local high school students to hone their skills as drone pilots and data specialists.”
CDA is in its third full year. The Port project was part of coursework in the area of coastal zone management. To learn more about the academy, visit https://coastaldrone.blog/
