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I-205 path ‘booby trap’ suspects in court today face felony assault charges – UPDATED

Posted by on November 14th, 2018 at 1:43 pm

Screen shot of coverage of the incident by The Oregonian.

Two of the three men arrested last week for stretching string across the I-205 bike path are set to make their first appearance in court today.

On Friday, November 9th, Portlander Carlene Ostedegaard was riding home from work on the path just south of the Division Street MAX station when she pedaled into what Portland Police described as a “booby trap.” She suffered laceration injuries on her face.

Police responded and were able to apprehend three men suspected of committing the crime: 23-year-old Justin J. Jones, 27-year-old Justin R. Tolman-Duran, and 21-year-old Dakota E. Murphy. On Tuesday (11/13) the Multnomah County District Attorney’s Office reviewed the case.

DA’s Office Communications Director Brent Weisberg says following the investigation one of the men, Dakota Murphy, was issued a “no complaint”. The other two, Jones and Tolman-Duran, have been re-booked into the Multnomah County Detention Center and are now charged with one count each of felony assault in the third degree. Their initial booking was for misdemeanor assault.

The DA will issue a “no complaint” when they choose to not file charges upon initial screening. Weisberg said that doesn’t mean Murphy won’t be charged later after more investigations are completed.

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When we reported the story last week, many commenters jumped to the conclusion that the suspects were homeless and lived in a camp adjacent to the path. We published a guest opinion this morning from a reader who was “disturbed” by what he feels is “anti-houseless bigotry on BikePortland.” I asked Weisberg about the housing status of the men and he confirmed that both Tolman-Duran and Jones have reported residences in Vancouver, Washington and Portland respectively. (Murphy reported living “in a van”.)

Last night The Oregonian reported on court documents that reveal the men set up three sets of “snares using several lines of cord… in an attempt to ‘harass’ people living on the path.”

At court today, Tolman-Duran and Jones will be informed of the charges against them and their attorney will introduce themselves to the court. If they haven’t hired an attorney, one will be appointed for them. Also at today’s court hearing the DA will file the probable cause affidavit detailing the incident and their justification for bringing the felony assault charges. We’ll update this post once we receive that document.

UPDATE, 6:16 pm: The probable cause affidavit has been posted and the DA’s office has issued the following update:

State of Oregon vs Antonio Tolman-Duran was filed under Case No. 18CR75660.
State of Oregon vs Justin James Jones was filed under Case No. 18CR75663.

Both appeared in court this afternoon. A not guilty plea was entered on their behalf. Both had criminal defense attorneys appointed to them.

Both are charged with one count of assault in the third degree and three (3) counts of recklessly endangering another person.

The next court date for both individuals is Nov. 28, 2018 at 2:10 PM in the Justice Center, Courtroom 3. Both remain out of custody.

Here’s the key part of the affidavit detailing the incident and the charges:

Here’s a salient passage:

“When asked why they had put the string across the pathway… said they wanted to harass the transients in the area. Officer Miller spoke to suspects who said they wanted to ‘fuck with the homeless’ because ‘we don’t want them around here’.”

— Jonathan Maus: (503) 706-8804, @jonathan_maus on Twitter and jonathan@bikeportland.org

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NOTE: We love your comments and work hard to ensure they are productive, considerate, and welcoming of all perspectives. Disagreements are encouraged, but only if done with tact and respect. If you see a mean or inappropriate comment, please contact us and we'll take a look at it right away. Also, if you comment frequently, please consider holding your thoughts so that others can step forward. Thank you — Jonathan

57 Comments
  • Aaron November 14, 2018 at 2:18 pm

    I would say that this is a very successful effort to keep the poor folks fighting among each other. If the people who set up this trap recognized how much of the resources that COULD go to helping them were instead diverted to traffic management and repaving, then they would likely be willing to help protest **in favor** of bike commuters.

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    • J_R November 14, 2018 at 2:54 pm

      I don’t think this pair would be in favor of anything or anyone.

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    • Hello, Kitty
      Hello, Kitty November 14, 2018 at 8:53 pm

      Who, exactly, is orchestrating this effort?

      Recommended Thumb up 6

      • Middle of The Road Guy November 15, 2018 at 9:10 am

        I am sure there are some Soros checks involved! He’s behind everything. 🙂

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  • headfirst November 14, 2018 at 2:28 pm

    I ride not far from this path with a child on an IBert kids seat on the front. Im so incredibly angry at the idea of a string that could harm my child

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    • Doug Hecker November 14, 2018 at 10:47 pm

      In its current state, I have aborted any use of the trail. I usually don’t give two cares about anything but this situation is simply out of control and no one wants to be responsible despite the continual, annual tax increases to improve Portlamd for all. 99th/102nd/92nd are my better options.

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      • dana November 15, 2018 at 11:43 am

        Ditto. The trail has been sadly unusable for a while now and dangerous.

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  • Tom November 14, 2018 at 2:32 pm

    Since they were housed, not un-housed, are we now going to extrapolate their behavior to the rest of the housed community? All housed people are the same, right?

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    • dishwasher November 14, 2018 at 2:44 pm

      I see what you’re trying to do there, perhaps waiting to be first to virtue signal… Truth is, no. Not all homeless people are the same. Living in my van gives me the option to move at a moment’s notice whether my ” neighbors ” who suck live on the street or under a roof. These guys, if guilty, suck.

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    • Chris I November 14, 2018 at 2:51 pm

      Let’s not jump to conclusions. They may live in apartments or condos, and thus would still be considered “houseless”.

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      • soren November 14, 2018 at 3:02 pm

        my apartment is my house. it is housing.

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    • Middle of the Road Guy November 14, 2018 at 2:54 pm

      No, we only do that with drivers.

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      • 9watts November 14, 2018 at 4:56 pm

        No we don’t. I took that to be the point of the commenter.
        More jeering.

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      • q November 14, 2018 at 7:23 pm

        By saying “we”, you just did it with bikeportland commenters.

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        • Middle of The Road Guy November 15, 2018 at 9:10 am

          Exactly. You’re catching on.

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    • Daniel November 14, 2018 at 2:57 pm

      Two of the three had reported residences, and one lives in a van (which generally counts as “houseless”; I should know, I’ve done it myself).

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      • soren November 14, 2018 at 3:03 pm

        and, ironically, that person is not being charged. hmmm…

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        • Daniel November 14, 2018 at 3:49 pm

          Considering there would be almost no other way to demonstrate intent (and therefore get felony assault charges on the other two), I would guess Murphy is the one that confessed what they did. Classic Prisoner’s Dilemma.

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          • soren November 14, 2018 at 4:01 pm

            good conjecture.

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          • soren November 14, 2018 at 9:49 pm

            “When asked why they had put the string across the pathway… said they wanted to harass the transients in the area. Officer Miller spoke to suspects who said they wanted to ‘f*ck with the homeless’ because ‘we don’t want them around here’.”

            That sounds like demonstration of intent to me.

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            • Columbo November 15, 2018 at 10:00 am

              Another part of the story that doesn’t add up. Two men gave Vancouver addresses, the other said he lives in a van (aka he’s homeless). Why would three men with no apparent connection to I-205 and Division be acting like it’s their turf? Easy: the suspects are homeless themselves an likely attempting to “defend” their campsite or take over someone else’s.

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              • Mick O November 15, 2018 at 11:22 am

                Whoa, you really ARE Columbo.

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              • Shannan November 15, 2018 at 2:14 pm

                Nope. Justin Jones lives next door to me. By the bike path and Division. This was in his back yard.

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    • Pete S. November 14, 2018 at 3:14 pm

      Nah. Just Vancouver residents. And people who hang out with Vancouver residents.

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      • Alan 1.0 November 14, 2018 at 3:35 pm

        Hi.

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  • ben bahn November 14, 2018 at 2:52 pm

    So people can setup booby traps and the best the state can do to protect is. Wait till the booby trap goes off and file assault charges. Why not a hate crime or a terrorist threat?

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  • Andrea Brown November 14, 2018 at 7:57 pm

    I pretty much lost the thread (har) of this controversy once I read about one of the perps wearing a “kangaroo or lion onesie”. So, so, many questions.

    But I did not lose sight of the victim. Carlene, I’m so sorry that happened to you. Totally vicious and bizarre and beyond the outer reaches of stupid.

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  • Columbo November 14, 2018 at 11:31 pm

    Their story doesn’t add up. Yes there are many homeless moving about on the trail but there is much more regular old bike and pedestrian traffic, despite the constant threat to our safety and well being that’s been discouraging use for the past couple years. Bottom line, is that they were far more likely to snare someone like Carlene, just coming home from work and minding her own business.

    I’d also like to point out that just because two men gave physical addresses, doesn’t mean they’re not “homeless”– bad conclusion to make, Jonathan. Many people who are homeless, temporarily or long-term alike, still use the address of a family member or friend. It’s telling that the 3rd man claims to be living “in a van”, which apparently to some, only counts as being homeless when they’re trying to defend such a person; when this person is arrested for a violent assault, then a van is clearly a “home” after all. It’s all so very convenient for the apologists.

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    • soren November 15, 2018 at 9:31 am

      Speaking of “apologists” I see that you are still trying to pin this awful crime on houseless campers without a smidge of supporting evidence and very substantial evidence to the contrary.

      Given that houseless folk have been the target of repeated hate crimes in this community, this confession only increases the chance of agressive treatment by the DA (as can be by the upgrade to felony assault). The tortured logic of accusing the suspects (plural) of lying about their confessed targeting of houseless folk is both laughable and sad.

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      • Columbo November 15, 2018 at 9:54 am

        There’s likely nothing I can do to get you to see past your obvious (and rather overdramatically stated) biases, but remember that homeless-on-homeless crime is a big problem. Yes, the “houseless” are keen on victimizing each other, and this includes thefts, assaults, sexual assaults and more. Advocating for mentally unstable people to live, unmanaged, in public spaces helps nobody, including the homeless that you claim to defend. We do them a disservice every day they’re effectively allowed to “camp” in parks and such. The truth may be uncomfortable for you to face, but the same goes for much of the real world.

        Anyway, point being that yeah, they could have been targeting homeless, sure, but that doesn’t mean they weren’t homeless themselves. If anything I’d wager that it increases the odds.

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        • soren November 15, 2018 at 10:48 am

          “but remember that homeless-on-homeless crime is a big problem”

          considering that i’ve repeatedly pointed this out in a thread you were very actively involved in, the assumption that i’m unaware of this is not only factually incorrect but smacks of an attempt to belittle.

          “Advocating for mentally unstable people to live, unmanaged, in public spaces helps nobody, including the homeless that you claim to defend.”

          this is also a false statement. in the original thread, i explicitly advocated for the creation of safe spaces (e.g. akin to dignitiy village) for campers to live in until we create sufficient supportive housing.

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          • Columbo November 15, 2018 at 11:35 am

            You’re taking this very personally, and I suggest you take a step back and reconsider. I can’t read every single one of the dozens of comments made on this blog, there aren’t enough hours in the day.

            As this story evolves, though, it becomes more and more obvious that the homeless advocates are in denial about the very real challenges that legitimate 205 MUP users face every day. I’ve been bullied, I’ve been made to feel unsafe, and my personal space has been violated. Never once by a “housed” person. Go figure.

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            • soren November 15, 2018 at 1:44 pm

              You’re taking this very personally, and I suggest you take a step back and reconsider. I can’t read every single one of the dozens of comments made on this blog, there aren’t enough hours in the day.

              After the fictitious account of what I “advocate for” falls flat, “Columbo” creates another fictitious narrative about my emotional state.

              “it becomes more and more obvious that the homeless advocates are in denial about the very real challenges that legitimate 205 MUP users face every day”

              I’m more than ready to discuss ways to address chronic issues with Portland-are MUP safety and accessibility. Call me naive, but I even believe that this can be done without resorting to bigoted assumptions about houseless folk as a group of people.

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              • Columbo November 15, 2018 at 5:20 pm

                I’ve made no assumption that was even a half-step beyond everyday common sense.

                I’m curious, how often do you ride the I-205 path? I was on it this afternoon, and got obscenities screamed at me because I dinged my bike bell at three people blocking the path to smoke weed… or whatever it is that someone smokes from a clear glass pipe. A few hundred feet away the path was constrained by tents ON the asphalt, in the middle of a blind corner, forcing me to navigate a roughly 3′ wide path as angry men crouched nearby, again smoking something or other. This is the reality of life on the path, and it’s not what our neighborhood deserves. It’s time Ted Wheeler cracked down on this mess and raised our city to meet even the lowest acceptable levels for safety and sanitation.

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            • Middle of The Road Guy November 16, 2018 at 8:00 am

              It’s not worth the engagement. It always comes back to some kind of social justice issue as well as he being personally offended/wronged. You’ll notice the trend the more you read his posts.

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          • Hello, Kitty
            Hello, Kitty November 15, 2018 at 11:41 am

            What do we do with those who are kicked out of DV or R2D2?

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            • Middle of the Road Guy November 15, 2018 at 12:52 pm

              Indignity Village.

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    • Matt S. November 16, 2018 at 9:32 am

      There’s always more to the story, especially when you’re in trouble…

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  • Mark Kabbash November 15, 2018 at 6:49 am

    Bicycling is a way of life. I should not be a way to get hurt by others hands with malicious intent.

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  • Stan November 15, 2018 at 10:10 am

    All 3 men provided addresses on their Saturday night release papers.

    Justin Jones gave 338 NW 6th. That’s the address for p:ear Homeless Youth Mentoring

    Antonio Tolman-Duran gave an address in Scappoose. However, in several previous police contacts, he is listed as ‘Transient’ or gave the address of Central City Concern Bud Clark Commons – 650 NW Irving. After Tuesday arraignment he gave a different address, in Vancouver not Scappoose.

    Not coincidentally, Dakotay Murphy gave the address of 650 NW Irving.

    So – let’s not pretend they aren’t homeless.

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    • Columbo November 15, 2018 at 10:47 am

      Thank you for the update. Pretty much exactly as I suspected. I’ve heard enough nonsensical fear-mongering about “housies” attacking homeless persons; in reality that sort of thing is incredibly rare. Us 205 MUP users just want a safe, clean commute or recreational trail; when we speak out our words are twisted and portrayed as “Trumpian” and other such nonsense, on this very blog. Quite disappointing, as now the popular narrative is the the men were “housed” and meant to “attack homeless”. The activists know how to spin guilt to change headlines, that much is obvious.

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    • soren November 15, 2018 at 10:59 am

      Which is a more credible source of information about the housing status of these felony suspects?

      “Stan” or District Attorney Office Communications Director Brent Weisberg who (and I quote Jonathan Maus’ piece) “confirmed that both Tolman-Duran and Jones have reported residences in Vancouver, Washington and Portland respectively.”

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      • Zimmerman November 15, 2018 at 11:09 am

        What the suspects reported and where they actually live might not be the same.

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      • Hello, Kitty
        Hello, Kitty November 15, 2018 at 11:13 am

        Is that actually conflicting information?

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        • Ryan November 15, 2018 at 12:58 pm

          Yeah… Stan’s post has more detail, but nothing that actually appears contradictory to the DA statement.

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        • soren November 15, 2018 at 1:54 pm

          I personally refrain from relying on anonymous internet comments for my “information”. And especially when they contradict themselves:

          All 3 men provided addresses on their Saturday night release papers.
          Justin Jones gave 338 NW 6th. That’s the address for p:ear Homeless Youth Mentoring

          I dug through his recognizance release interview from Sat night, it says “THE DEFENDANT REPORTS LIVING IN THE CLINTON STREET APARTMENTS FOR THE PAST TEN PLUS MONTHS.

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          • Ryan November 15, 2018 at 2:41 pm

            Um, not really contradicting himself, if you read his whole post. The paragraph immediately after the one you quoted second explains this. He says he’s not sure why he gave p:ear address. I’m the first to admit that I don’t always have the best reading comprehension, but it sounds like Stan is stating that Jones gave them the address of p:ear Saturday night as far as his official residence, but also reported that he had been living in the Clinton apartments (but perhaps didn’t give/know the address?). Then on Tuesday he gave them the Clinton address as his official residence. I’m not believing all of this until I see it officially reported, but I’m not seeing the suspicious contradictions that you appear to be.

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            • soren November 15, 2018 at 4:21 pm

              “I dug through his recognizance release interview from Sat night, it says “THE DEFENDANT REPORTS LIVING IN THE CLINTON STREET APARTMENTS FOR THE PAST TEN PLUS MONTHS. HE RECEIVED THE HOUSING THROUGH HOME FORWARD. PRIOR HE WAS HOMELESS OFF AND ON FOR 6 YEARS.””

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          • Hello, Kitty
            Hello, Kitty November 15, 2018 at 2:43 pm

            The fact remains we do not know if these men were homeless or not. Not that it matters to me.

            What does matter to me is the sense of lawlessness that pervades our bike paths at the moment, a problem that is unacceptable to me, and should be unacceptable to those who camp there respectfully.

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      • Stan November 15, 2018 at 12:47 pm

        As I said – Tolman gave an address in Scappoose on Sat night, but by Tues afternoon that had changed to Vancouver. The address in Scappoose is his aunt’s, where he receives mail. The address in Vancouver is his grandparents, where he lives – sort of (Aunt reported Tolman has been “pretty much homeless since 2009”).

        I didn’t say about Jones. On Sat night he gave the address of p:ear. By Tuesday afternoon that changed to an address in the 9200 block of SE Clinton (immediately adjacent to the area where the traps were strung).

        I dug through his recognizance release interview from Sat night, it says “THE DEFENDANT REPORTS LIVING IN THE CLINTON STREET APARTMENTS FOR THE PAST TEN PLUS MONTHS. HE RECEIVED THE HOUSING THROUGH HOME FORWARD. PRIOR HE WAS HOMELESS OFF AND ON FOR 6 YEARS.”

        Not sure exactly why the p:ear address is listed Sat night. Maybe he couldn’t remember the address he’d lived at the past 10 months? Maybe he was worried this incident will track back to Home Forward and get him booted? Maybe the interviewer couldn’t verify it at that time? For whatever reason, the p:ear address is listed on Jones’ release interview paperwork, and his release agreement Saturday night.

        Mr. Jones did another release interview on Tuesday, that one listed the Clinton St address, and said that was confirmed by Mr. Jones’ reference (his father). Also says he has an intake w Cascadia MH in December. The Clinton St. address apartments are owned by Cascadia Behavioral Healthcare, Inc. Seems a little strange that Cascadia would provide him housing before he was engaged in services, but maybe they do that.

        Of additional note, on November 9, 2018 Justin James Jones filed a petition in Multnomah County Circuit Court to change his name to Raven James Jones (case 18CV51628). The address he gave for that petition is 338 NW 6th aka p:ear.

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  • Mick O November 15, 2018 at 11:30 am

    I’m not cool with the doxxing here. I may be the only one. What are you accomplishing Stan? Winning an internet argument? I don’t get it.

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    • soren November 15, 2018 at 1:23 pm

      not only is “stan” doxxing (likely via cra*ppy internet “document search” sites) but stan’s “research” contradicts his initial claim that “Justin Jones gave 338 NW 6th.”

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    • Columbo November 15, 2018 at 5:43 pm

      Public records are not “doxxing”. You can’t simply label any information that contradicts your perspective with a negative buzzword and expect to quash it. This information is available to everyone– as it should be. Breaking-news media outlets typically just regurgitate the most basic details of a story, so I’m grateful that someone out there wants to shed light on the details of what would otherwise seem to be whatever the publisher wants to make it. As it turns out…. “it’s complicated”

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  • Columbo November 15, 2018 at 11:30 am

    As I’ve pointed out before, these men can tell police whatever address they want, and this might just be the homes of family members or friends. Not unusual for homeless people to maintain a place where they can receive mail, etc., even while not living there.

    Not surprisingly, as Seth pointed out above, all three listed addresses for homeless services / housing orgs (p:ear, Bud Clark Commons) upon being released from jail. Your assumptions are starting to look a little iffy, no?

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  • Dave November 15, 2018 at 1:31 pm

    I started riding the 205 path before they were done paving it, so decades before campers inhabiting the area. There are areas the path goes through that have always been cyclist-unfriendly neighborhoods–this doesn’t have a damned thing to do with homeless campers.

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    • Columbo November 15, 2018 at 5:24 pm

      This smacks of blatantly classism. If you’re intimidated by the act of cycling past working-class people, then perhaps you should take up golf.

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  • Mark smith November 18, 2018 at 6:35 am

    Columbo
    I’ve made no assumption that was even a half-step beyond everyday common sense.I’m curious, how often do you ride the I-205 path? I was on it this afternoon, and got obscenities screamed at me because I dinged my bike bell at three people blocking the path to smoke weed… or whatever it is that someone smokes from a clear glass pipe. A few hundred feet away the path was constrained by tents ON the asphalt, in the middle of a blind corner, forcing me to navigate a roughly 3′ wide path as angry men crouched nearby, again smoking something or other. This is the reality of life on the path, and it’s not what our neighborhood deserves. It’s time Ted Wheeler cracked down on this mess and raised our city to meet even the lowest acceptable levels for safety and sanitation.Recommended 11

    Yep…they got a go. Hey, what if they camped off of Hawthorne street and yelled at moms walking by looking for the latest gluten free item?

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