BEND — Evidence used to charge the man accused of a plot to shoot and kill rock climbers at Smith Rock State Park could be dismissed because Deschutes County law enforcement officers did not obtain a warrant to locate the suspect through his cellphone.

Samson Zebturiah Garner, 39, has been jailed since his Oct. 19 arrest on suspicion of planning to kill spectators and belayers at an event at Smith Rock. His 27 felony charges include four counts of attempted murder.

Joel Wirtz, Garner’s defense attorney, said in Deschutes County Circuit Court filings that the “warrantless ping” used to find Garner violated his rights under the Fourth and 14th amendments that protect against unlawful search and seizure and grant equal protections under the law.

Wirtz filed a motion asking the court “to suppress all evidence acquired as a result of the warrantless ping,” according to court records.

If Judge Alison Emerson grants this request, any statements Garner made to police when they contacted him that day or physical evidence they found in his car would be thrown out, said Deschutes County District Attorney Steve Gunnels.

In his Subaru Outback, police found a Beretta 9 mm handgun, a Sig Sauer 9 mm handgun, an AR-15 rifle and written material that included Garner’s plans to shoot and kill rock climbers at Smith Rock, prosecutors have alleged.

Gunnels confirmed to The Bulletin on Wednesday that authorities “initially” pinged Garner’s cellphone location without a warrant. He said this was legally justified because authorities believed it was an emergency and that a crime was about to occur.

Records: Suspect in plot to kill Smith Rock climbers fantasized about Mt. Hood attack

Records: Suspect in plot to kill Smith Rock climbers fantasized about Mt. Hood attack

Wirtz argued that authorities didn’t have probable cause for the ping, noting Garner “never committed an act of violence” and “never issued a threat but simply acknowledged disturbing thoughts” in an email he sent Sept. 30 to his ex-girlfriend, which she reported to police.

“Ultimately, he renounced acting out on his thoughts, as the last paragraph of the email described that he was going up to the mountains to shoot himself in the head so he does not hurt anyone,” said Wirtz, who did not immediately respond to requests for comment.

Garner became the subject of law enforcement scrutiny while struggling in “an acute depressive state in August and September 2023,” according to court records. Described as an “avid outdoorsman, hunter, father, and former IT worker” from Michigan, Garner was going through a divorce when he sent the email to his ex-girlfriend on Sept. 30, court records say.

Recent coverage

Prosecutors seek longer sentence for man accused of plotting Smith Rock attack

In the email, he explained “that his mind would pop-up stories of violence including shooting people” and described “thinking about shooting people at an upcoming event at Smith Rock on October 20, 2023,” according to court records.

In the email, which The Bulletin has reviewed, Garner specifically mentioned the Smith Rock Craggin’ Classic, a three-day climbing event that draws hundreds of people annually.

Portland Police began monitoring Garner at his home after his ex-girlfriend reported the email. They believe Garner left his home in the evening on Oct. 18.

The Deschutes County Sheriff’s Office requested the “warrantless ping” after learning Garner left his home. A notification from Verizon, a wireless company, indicated he was in an “area between Bend and Redmond,” according to court records.

“Deputies found Mr. Garner sitting in a lawn chair enjoying a beer at a Maston trailhead parking lot after a great morning of mountain biking,” Wirtz said in court records.

Deputies arrested Garner, questioned him and seized his Subaru Outback, his camping gear and guns at the trailhead near Tumalo, which is about 30 minutes away from Smith Rock.

Prosecutors, who still believe Garner planned to hurt people, will file a response to Wirtz’s motion, Gunnels said.