Kidnap charge dismissed against Uber driver arrested in Bend; grand jury finds insufficient evidence to indict

Deschutes DA Steve Gunnels: 'This is how the system is designed to work'

BEND, Ore. (KTVZ) – A kidnapping charge has been dismissed against an Uber driver from La Pine, accused of driving a female Bend passenger around for about a half-hour last month, despite being five minutes from her home, before eventually dropping her off.

Rocky Eugene Heath, 48, was arrested by Bend Police officers in downtown Bend on Feb. 13 after they spoke with a 19-year-old woman who said she had used the Uber app to order a ride to her Bend home, about five minutes away.

She claimed the Uber driver canceled the ride and drove her around for 25 to 30 minutes, despite her requests to take her to her home. He finally dropped her off after a half-hour, and police found Heath’s car and conducted a traffic stop.

“We presented the evidence to the grand jury, and they determined there was not enough evidence to support a criminal charge,” Deschutes County District Attorney Steve Gunnels told NewsChannel 21 on Wednesday.

A deputy district attorney filed the initial charge, called an "information," of second-degree kidnapping, a Class B felony, on Feb. 14. (NewsChannel 21 policy is not to name arrested suspects until and unless such formal charges are filed.)

A second arrested charge, of second-degree disorderly conduct, was not filed by the DA's office. Heath was released from jail the next day after posting 10 percent of his $20,000 bail.

A month later, a potential indictment submitted to the grand jury on the second-degree kidnap charge was stamped in red several times, NOT A TRUE BILL, in a March 14 filing, court records show. It indicates the grand jury heard from two subpoenaed witnesses, the alleged victim and a Bend police officer.

If the evidence does not persuade a grand jury there is probable cause to believe a crime was committed, the grand jury will vote "not a true bill."

Deputy District Attorney Brittany Haver filed a motion that day to dismiss the case, and Circuit Judge Alycia Herriott issued the dismissal judgment the next day.

While a somewhat rare outcome in a high-profile case, Gunnels and police agreed that the system worked just as it is supposed to.

"The grand jury independently evaluates every felony case in Deschutes County," the district attorney said. "This doesn’t reflect poorly on anyone. This is how the system is designed to work."

"There is a very high standard, a determination whether there is proof beyond a reasonable doubt, for charging someone with a crime," Gunnels said, "and the grand jury found that the standard was not met in this case."

Bend Police Communications Manager Sheila Miller said: "This is how the justice system is designed to work - our officers arrested a person on probable cause, based on the information and investigation, and the DA’s office and a grand jury made decisions from there regarding the ability to prove those crimes beyond a reasonable doubt. 

After Heath's arrest, an Uber spokesperson told NewsChannel 21: “What’s been reported by the rider is unsettling and unacceptable. We removed the driver’s access to the Uber platform as we investigate and have reached out to law enforcement to offer our assistance.” 

The ride-share company provided an updated statement to us on Wednesday: "Removing a driver’s access to the Uber platform is a serious decision, and we do not take it lightly. We conducted our investigation and have taken appropriate action."

Uber also said they completed their investigation of the incident, and that Heath's account remains deactivated, but noted a process that allows drivers to appeal that decision.

Efforts to reach Heath for comment have been unsuccessful.