Warm Springs Shooting Suspect Indicted

A 23-year-old Warm Springs man appeared in a Portland federal courtroom Wednesday, accused of second-degree murder in the drive-by shooting of another man on the reservation Tuesday afternoon.

Ted L. Barney Jr., appeared before U.S. Magistrate Janice Steward on a two-count indictment charging him with second-degree murder and use of a firearm during a crime of violence, officials said.

He was ordered held in federal custody pending an Oct. 4 trial date in the killing of Delmer S. Davis, who like Barney was an enrolled Warm Springs tribal member.

If convicted, Barney faces a maximum life prison sentence on the murder charge and a consecutive 10-year sentence on the firearm charge..

The U.S. attorney’s office confirmed that Barney had surrendered to Warm Springs police Tuesday evening and provided the alleged murder weapon to police.

“Sadly, violent crime in Warm Springs occurs far too often,” said U.S. Attorney Dwight Holton. “The U.S. Attorney’s office is committed to working with Warm Springs law enforcement and the community to bring perpetrators to justice.”

Tribal members NewsChannel 21 spoke with Wednesday morning were upset with the tragedy.

“It made everyone kind of mad that they would do that around the kids and stuff,” said Paul Martinez Jr. “It’s been happening more and more.”

Martinez says no one expected it out of Barney, but alcohol could have played a role in his actions.

“It’s pretty shocking, because everyone said that guy was a nice guy,” said Martinez. “My girlfriend says she went to school with him, and she says he’s a nice guy, and he doesn’t seem like the kind of person to do something like that. But when people get on alcohol, they’re just a totally different person.”

“It is usually normally a lot of people, they do a lot of things down here mostly because of alcohol,” said Martinez. “I’ve been shot once too, you know, so I’m kind of edgy when I hear gunshots and stuff, and I don’t want my kids to get hurt.”

Martinez says he’s saddened by Davis’ death, and wants us to understand the situation.

“I’m just glad the baby wasn’t hit, you know,” said Martinez. “I don’t think its going to kick in ’til a kid gets hurt and they realize how bad it is down here.”

Around 2:10 p.m. Tuesday, Davis was fatally shot as he sat in a vehicle outside a home in the Greeley Heights area of Warm Springs in an apparent drive-by attack, said FBI spokeswoman Elizabeth Anne Steele in Portland.

Davis was holding his young son at the time, but the child was not injured, Steele said. Davis was taken to Mountain View Hospital in Madras, where he was pronounced dead, the FBI spokeswoman said.

The death comes as a shock to many tribal members, especially Davis’s friends, including Leroy Hicks, Jr.

“He really took care of his little son a lot,” Hicks said. “I was proud of that, because of the way he took care of his little family.”

Hicks said he and his kids grew up with Davis.

“We’re going to miss him a lot, though,” Hicks said. “I guess we’ll catch up to him in a happy hunting ground somewhere, though. And it will be a good day again, I guess.”

Shortly before 6 p.m., Barney turned himself in to the Warm Springs Police Department, Steele said. He was being interviewed by investigators.

But for Hicks, he was never really worried that a suspect was on the lam.

“Me being a Marine, I always live by the words, Semper Fi, which is ‘Always faithful.’ So I take care of my own,” Hicks said.

The FBI, Warm Springs Tribal Police, Oregon State Police and Jefferson County Sheriff’s Office are investigating.

Earlier, anyone with information about the shooting or the identity of the shooter was asked to contact the nearest law enforcement agency or the FBI in Portland at its 24-hour number, (503) 224-4181.

“This person should be considered armed and dangerous,” the initial FBI news release said. “Do not approach. If in immediate contact with this person, call 9-1-1.”

A bulletin was broadcast to Central Oregon police Tuesday afternoon about a car apparently connected to the shooting, a gray Ford Taurus or similar car with chipped paint, possibly primer paint. A silver handgun was mentioned, but no further description was given at the time.