DA: Defendant left shooting scene, didn’t provide help after fatal shooting
Published 2:15 pm Friday, January 13, 2023
- The Deschutes County Courthouse in Bend.
BEND — When Jesse Aaron Ray learned he accidentally shot a man last summer near Mayfield Pond east of Bend, he left the area and did nothing to try and save the man as he died, prosecutors said during an arraignment hearing in December.
Later, Ray traveled to Mexico because he knew charges were coming, prosecutors believe.
The 39-year-old Ray faces charges of first-degree manslaughter, criminally negligent homicide and negligent wounding of a person in the June 30 shooting death of Bend-area resident Neil J. Martell, 53.
Ray pleaded not guilty in Deschutes County Circuit Court on Thursday. Authorities say the shooting was unintentional.
In a recording of the Dec. 22 arraignment, Deschutes County District Attorney Steve Gunnels told the court that Ray did not check if anyone was behind the target of his gunfire, a berm on Bureau of Land Management land off Alfalfa Market Road. The location is reportedly used for target practice.
Martell and his friend, Martin Briley, were camped about 100 yards behind this berm. When Martell heard the bullets ricocheting over his campsite, he “went out to say please stop shooting,” Gunnels told the court. Martell and Briley began yelling at Ray, but Ray didn’t stop shooting, Gunnels said.
“When he was yelling, that was when Mr. Martell was shot and killed,” Gunnels said.
Martell was hit by a single 9 mm bullet, authorities have previously reported.
In an interview Friday, Gunnels said he wouldn’t speculate as to whether Ray heard Martell and Briley shouting. Efforts to reach Ray for comment by phone on Friday failed. His defense attorney, Katherine Christine Griffith, also did not return requests for comment prior to press time.
After his friend was shot, Briley ran toward Ray, Gunnels said. Gunnels relayed the conversation between Briley and Ray to the court, saying it went something like this:
“Stop shooting, stop shooting, you just shot my friend,” Briley said.
“Really?” Ray said.
“Help me. You need to help,” Briley said.
During the Dec. 22 hearing, Gunnels said Ray then got in his vehicle and, rather than trying to help save Martell, drove away and did not call or offer help. Briley called 911, authorities confirmed Friday.
Nearly a month after the shooting, Briley told a local television station that Martell was a retired veteran who he had known for roughly three years.
“He got hit, and I was grabbing and holding him,” Briley told News Channel 21, wearing a cowboy hat and sunglasses. “He hit the ground and said he couldn’t feel his body … (Ray) left my friend dying right there.”
Efforts to reach Briley for comment by phone Friday failed.
In the weeks following the shooting, neighbors reported they were concerned Ray was dangerous, Gunnels said at the December hearing, not specifying to the court exactly what happened. Authorities contacted, interviewed and arrested Ray before ticketing him for a Class B misdemeanor of negligent wounding.
He was then released as the investigation continued.
Within days of his release, Ray left Oregon, Gunnels told the court. Gunnels said authorities believe Ray left the state because he knew charges were coming and suggested this may be used in trial.
“Flight from a state is often offered to prove consciousness of guilt at trial,” he said.
Law enforcement officers spent months trying to find and arrest Ray. On Oct. 27, a Deschutes County grand jury indicted Ray on charges stemming from the shooting, according to court records. A warrant was issued for his arrest that same day. In November, authorities found Ray in the state of Tabasco in Mexico and brought him back to Deschutes County.
Once Gunnels wrapped up his statements in the December arraignment, Bend defense attorney Lee Griffith said the defense would reserve its arguments until a later date, after Ray had an opportunity to speak with lawyers confidentially.
But then Ray tried repeatedly to respond to the state’s allegations, despite Griffith urging him not to.
“I was arrested. I was interrogated. I was detained, and I was released,” he said, adding: “Why would they not have held me and arraigned me when they first apprehended me? I don’t understand.”
Deschutes County Circuit Judge Michelle McIver told him that responding to the allegations wouldn’t help his case because it wasn’t an evidentiary hearing and she wouldn’t be deciding his guilt that day.
“I find it not fair that they are able to make these accusations and allegations against me openly in the court with no penalty for them, but I’m not allowed to speak up,” he said before McIver cut him off, reminding him that he only had one opportunity to argue for release.
Ray agreed not to continue speaking before his release argument.
McIver imposed a $500,000 security release agreement and said he must obey all laws, refrain from possessing a weapon or intoxicants and wear a GPS monitor.