Trial of Smith Rock mass shooting plot suspect postponed to fall after defense files motion to suppress evidence

(Update: Trial now set for late October)

BEND, Ore. (KTVZ) – The trial of a Portland man accused of coming to Central Oregon with several guns and a plan to shoot several people at a Smith Rock climbing event last fall has been pushed back nearly five months after a defense motion to suppress evidence because authorities found him at a campsite through a “warrantless ping” of his cellphone.

Samson Garner, 39, was arrested last October and pleaded not guilty in early November to 26 charges, including attempted murder of multiple victims, attempted assault with a firearm and unlawful use of a weapon.

A status hearing in the case was scheduled for Wednesday but was canceled because Deschutes County circuit courts were closed due to heavy snowfall.

Court records show the new trial and hearing dates were set Tuesday, with the seven-day trial postponed from June 7 to October 29.

District Attorney Steve Gunnels said the rescheduling was done outside of court, through emails, and noted that a one-day hearing is now set for April 5 on motions filed in the case.

Defense attorney Joel Wirtz argued in his motion, filed in late December, that the warrantless search for Garner's cellphone violated his Fourth and 14th Amendment constitutional rights, as well as an article of the state Constitution, and that all evidence gained as a result should be suppressed from any upcoming trial.

But Gunnels said the warrantless cellphone ping was justified because authorities determined it was an emergency, to prevent a serious crime that was about to occur.

Gunnels said last week his office will file a response to the motion in the next couple of weeks and a hearing will be set. A trial date had been set for May 29, but a hearing is scheduled next Wednesday to set a one-day omnibus hearing on motions and to reset trial dates.

Wirtz said in his filing that Garner was going through a divorce and “in an acute depressive state” in August and September. He said Garner sent an email to an ex-girlfriend on Sept. 30, “explaining that his mind would pop-up stories of violence, including shooting people.”

Wirtz said the email included “a description of his mind thinking about shooting people at an upcoming event at Smith Rock on Oct. 20,” the Craggin’ Classic.

“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,” Wirtz wrote.

But the ex-girlfriend notified Portland Police, who began monitoring Garner’s home, which he apparently left on the evening of Oct. 18. The Deschutes County Sheriff’s Office was notified and requested the warrantless ping, which indicated he was in the area between Bend and Redmond.

“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,” arresting and questioning him and seizing his car with camping gear and guns (which Wirtz referred as his “Second Amendment-protected possessions.”)

Authorities claim Garner had written plans for the mass shooting attack at Smith Rock when he was arrested with two handguns, an AR-15 rifle and many rounds of ammunition in his car.

Laying out case law to back his motion to suppress evidence, Wirtz said “Mr. Garner never committed an act of violence” and “never issued a threat, but simply acknowledged disturbing thoughts (and) expressed what he would do if this disturbing thought pattern continued: kill himself.”

“Most importantly, the contents of his email about Smith Rock related to an event that was to occur a day later than the supposed exigency,” he wrote. Since the event was nearly 24 hours away, the lawyer said police could have easily obtained a telephone warrant, “had there been probable cause.”