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Bend man pleads guilty to Sisters woman’s fatal shooting

PORCIELLO, ALAN PETER WEB
Deschutes County Jail
Alan Peter Porciello
Jenny Cashwell
Jenny Cashwell

Two weeks after new details come to light in pretrial motion

BEND, Ore. (KTVZ) -- A Bend man accused in the fatal shooting death nearly a year ago of a Sisters woman he met on a dating website and with whom he was on a first date pleaded guilty to a reduced manslaughter charge Friday morning.

Alan Peter Porciello, 37, pleaded guilty to second-degree manslaughter during a brief appearance before Deschutes County Circuit Judge Wells Ashby, who set a 9 a.m. Jan. 14 sentencing, the day Porciello had been set to go on trial in the Jan. 12, 2019 killing of 37-year-old Jenny Cashwell, a mother of two.

Porciello was indicted last January on charges of first-degree manslaughter and unlawful use of a weapon. First-degree manslaughter is defined as causing someone's death "under circumstances manifesting extreme indifference to the value of human life."

Porciello instead pleaded guilty to second-degree manslaughter, defined as "recklessly causing the death of a person."

Second-degree manslaughter, a Class B felony, carries a maximum sentence of 10 years in prison and is punishable in Oregon by a statutory presumptive sentence under Measure 11 and sentencing guidelines of 75 months (just over six years). That compares to first-degree manslaughter, a Class A felony, which carries a maximum 20-year sentence and a presumptive sentence of 10 years in prison.

The two had met on the dating website Plenty of Fish and exchanged messages before agreeing to meet that Saturday to go hiking. Cashwell picked up Porciello in her car at the Cedar West Apartments and drove to the Pine Nursery Trail, returning several hours later, prosecutors said.

District Attorney John Hummel revealed in the days after the killing that Cashwell had texted a friend during the date, saying she didn't think it would lead to anything serious, or even to a second date.

More light was shed on the crime and the days leading up to it two weeks ago, when prosecutors Dan Reesor and Brandi Shroyer filed an 18-page motion seeking to admit Porciello's "prior bad acts" at his upcoming trial.

They said Porciello called 911 on his phone and admitted shooting Cashwell in the chest, telling the dispatcher he was "being facetious, acting like I was going to shoot her, and accidentally did."

When police arrived, Porciello was in his apartment, with a handgun holster on his belt. The Springfield semi-automatic pistol used in the crime was on the stove in the kitchen, with a magazine loaded with ammunition next to it, the motion stated.

Police and medics tried but were unable to save Cashwell's life.

Porciello "was arrested at the scene, and told law enforcement, 'I can't believe what I have done now,' and, 'After this, I am definitely getting rid of my guns."

Porciello has a traumatic brain injury, the result of two car crashes, the prosecutors said. "People who know him discussed a change in his personality, especially after the second car accident. Some changes noted were lack of impulse control, and anger outbursts," the motion stated.

Family, friends and care providers said Porciello "was known to open carry a handgun on his belt, had a concealed weapons license, and very obsessive about his gun rights," the prosecutors said.

Two days before the shooting, Bend police issued a "safety BOLO" (be on the lookout) for Porciello, after people who provided support services told officers they "believed (his) anger and agitation were ramping up, and they were concerned."

The BOLO stated that Porciello often carried a gun and "is described as having explosive anger issues, being obsessive about his rights and recently disengaged with his private care providers due to his behaviors."

The motion was as prosecutors asked to allow testimony by Porciello's ex-fiancee that in July 2015, he pointed a gun at her during an argument at his apartment, released the safety but did not pull the trigger.

"After this incident, realizing the danger he exposed others to with his possession of firearms, (Porciello) subsequently sold his guns," the motion stated.

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Jessie Foster

Jessie Foster is an anchor, producer and reporter for NewsChannel 21. Learn more about Jessie here.

Barney Lerten

Barney is the digital content director for NewsChannel 21. Learn more about Barney here.

Comments

25 Comments

  1. THIS is why we need real gun control. This is a complete systematic failure and this man should have never had a concealed carry permit, or a gun. TBI’s completely change people as stated in this article. Many times, they become suicidal or homicidal with zero impulse control. To allow a person like that to posses a firearm is inconceivable. I am a responsible gun owner, but if I ever have a TBI, my family is to remove all guns from the home. 2nd amendment strong holds like this damaged human are why we have no movement in this arena. We have lost the ability to compromise in the US. It’s all us vs them and my rights are right. Grow up you failures. This is the reason this woman’s children have no mother (don’t you dare blame the app, judgement or any other factor. Without his access to weapons in his condition, this would not have happened)

    1. That works – punish all of the law abiding people who have done nothing wrong rather than focus on the criminal. But only on this subject – why is that?

      1. So you think mentally ill people should have guns? That’s what many with TBI’s equate to. SO is that what you are saying? I though my statement was pretty clear, but somehow you twisted to include “punishing” and all “law abiding people”. Why is that? Get reasonable bud, not everyone needs or should have a gun, and the current rules aren’t working. You are clearly biased if you believe this. No one is trying to take your beloved guns. I own guns and believe in our rights, but there has to be more done to stop acts like this, and those of us that are reasonable and see both sides need to pave the way. No citizen needs an AR15 or expanded clip. We just don’t. Noe one with a violet or delusional background should have the right to posses a firearm. These really should not be ground breaking ideas to people like you. You really think this comes from one act? This is the only act you have taken note of?

      2. he was a “law abiding person” you one trick pony – fat load of good it did the deceased – time to think about someone other than yourself, and your lifestyle choices

    2. lots of people with traumatic brain injuries are just fine, it really depends on the part of the brain effected by the injury and what was wrong with the brain before the injury. the thing that gets me is his friends saying his anger issues are worse but not one of them said anything about being delusional or having a problem with basic right and wrong. he passed a firearms course so he knew what he was doing by pointing the loaded gun and putting his finger on the trigger. without some kind of alternate reality there are only a couple things that make sense, for it to go from getting dropped off at his place after the first date to having a loaded gun pointed at her chest.

    3. Sorry, can’t believe you. This is an act by a single person. There were warning signs and laws on the books that could have kept this from happening. No new laws are needed. Just enforce the laws that are already in place.

      1. Not so, the mental health laws in Oregon are notoriously weak. Just ask a law enforcement officer or someone who has a severely mentally ill loved one.

    4. what if didn’t have gun would have choke or stabbed don’t need gun to kill in this case.this is our world now.this is what we became.we destroyed our world and our peace

  2. This website is from 2002…too many ads, asking for my email address to remove them, signing in to comment on this ridiculous website is embarrassing. The only people on here are over 60 years old and don’t know there’s actually better news stations here now. What a joke

    1. I was getting stuck with the accept or deny the ads also. Usually that window goes away if you close back to main screen and restart the article but today it kept coming back multiple times

  3. there should be no plea deal. he pointed a loaded gun at an unarmed female with his finger on the trigger, it don’t matter if it was an accident(which I totally don’t buy into) that’s 20 years worth of stupid.

    1. Well, Maybe after awhile, he will be well again and be able to return to society. People just need some time to get it together, like the Terrebonne guy. NOT!

  4. Pretty pathetic sentencing, 6 years? give me a break, given his history, he is not safe in society. Should have been isolated permanently. What will you do nmext time? another 6 years?

  5. This clown was in our police citizen academy at Bend Police Dept a bunch of us didn’t like him as there was just something about him Hope he spends the rest of his life in prison The little jerk he was asked to leave when they found out he was busted for drugs

  6. Well, Maybe after awhile, he will be well again and be able to return to society. People just need some time to get it together, like the Terrebonne guy. NOT!

  7. Second degree manslaughter my a$$. Murder is murder lock his sorry lying a$$ up for the rest of his life. And don’t waste anyone’s time on jury duty doing it.

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