The Baker County Courthouse.

BAKER CITY — The attorney representing Shawn Quentin Greenwood, the Vale man who pleaded no contest in 2021 to three counts in the fatal shooting of Angela Parrish in Baker City in January 2020, said on Thursday, June 20, that Greenwood will not withdraw that plea.

Greenwood has that option after a three-judge panel from the Oregon Court of Appeals issued a ruling on April 24 of this year on Greenwood’s appeal.

Jim Schaeffer, a La Grande attorney, said during a status check hearing in Baker County Circuit Court that he believes Greenwood, 53, who has been an inmate at the Snake River Correctional Institution near Ontario, has served his sentence and would be eligible for release.

But Greg Baxter, Baker County district attorney, said he needs to research the issue and determine whether he believes Greenwood actually should spend more time in prison.

Judge Matt Shirtcliff scheduled another hearing in the case for July 3 at 8:15 a.m.

Greenwood, who was moved earlier this week from Snake River to the Baker County Jail, appeared by video in the Thursday hearing.

Appeals court ruling

Greenwood pleaded no contest in September 2021 to criminally negligent homicide, a Class B felony, first-degree burglary, a Class A felony, and attempting to elude law enforcement, a Class C felony.

Shirtcliff sentenced Greenwood to 90 months in state prison.

But Greenwood appealed, claiming that Shannon Regan, the Baker City Police detective who led the investigation into Parrish’s murder, violated his constitutional rights by listening to telephone calls between Greenwood and Schaeffer in which they discussed potential trial strategy.

The Appeals Court judges agreed, describing Regan’s conduct as “grossly shocking and outrageous.”

The judges dismissed two of the criminal counts filed after Regan listened to the phone calls in September 2020. One charge, for first-degree murder, is not one that Greenwood pleaded no contest to.

But the other now-dismissed charge, of first-degree burglary, was part of the plea agreement in 2021 that resulted in Greenwood’s 90-month sentence.

The burglary conviction carried a 66-month prison sentence.

The remaining 24 months of Greenwood’s sentence was for the criminally negligent homicide count. The Appeals Court allowed that count to stand.

Schaeffer told Shirtcliff during the June 20 hearing that he believes that because the Appeals Court dismissed the burglary conviction, with its 66-month sentence, then Greenwood’s sentence is limited to 24 months in prison on the criminally negligent homicide count, and to three years of probation.

Greenwood has been incarcerated for more than two and a half years.

Baxter acknowledged in the hearing that Schaeffer’s interpretation is one possible conclusion.

But Baxter said that Greenwood agreed in 2021 to a plea deal that included a sentence of 90 months.

Baxter asked Shirtcliff for time to research the matter and possibly prepare a written brief prior to the next hearing.

The Appeals Court ruling also allowed Greenwood the option to withdraw his no contest plea from 2021.

But if he did so, then Baxter could potentially seek to convict Greenwood on any or all of the six charges that were filed prior to Regan listening to the privileged phone calls and which the Appeals Court did not dismiss.

Greenwood sought to dismiss all charges

During the summer of 2021, while Greenwood was awaiting trial, Schaeffer filed a motion to have all charges dismissed against Greenwood.

Schaeffer based his motion on the claim that Regan had violated Greenwood’s constitutional rights by listening to five phone calls Greenwood made to Schaeffer in 2020.

Although police can legally access and listen to calls that jail inmates make to friends or family, conversations with attorneys are protected by attorney-client privilege.

Shirtcliff rejected Schaeffer’s motion to dismiss all charges against Greenwood. But the judge did rule that Baxter couldn’t use at trial any evidence that Regan collected after Sept. 14, 2020, the day her computer was used to access and play recordings of the phone calls, according to a forensic investigation.

The Appeals Court judges ruled that Shirtcliff should have dismissed the two counts that were filed after Regan listened to the phone calls.

In July 2021, Baker City Police Chief Ty Duby placed Regan, a 17-year officer, on paid leave as a result of the phone call allegations.

Regan was paid $6,000 per month while on leave. She did not receive severance pay after then-City Manager Jonathan Cannon fired her in late December 2022, one month after Baxter decided he would no longer use her as a witness due to the phone call issue.

In May 2023 Regan filed a lawsuit against Baxter, claiming his decision to not use her as a witness led to her termination.

Regan, who is represented by Dan Thenell of Portland, is asking a judge to order Baxter to remove Regan from a list of police officers who won’t be called to testify because their credibility is potentially tainted.

Regan’s lawsuit is pending.