Warm Springs man pleads not guilty to assault; manslaughter charge not filed in man’s death at Madras homeless camp

(Update: Heath indicted on assault charge; DA weighs other possible charges)

MADRAS, Ore. (KTVZ) – A Warm Springs man arrested Wednesday on manslaughter and criminally negligent homicide charges in the death of another man at a Madras homeless camp pleaded not guilty Thursday to the sole indicted charge, of assault, as prosecutors review the evidence and decide how to proceed.

Hours after his initial court appearance on Wednesday, Johnson Nixon Heath, Senior was indicted on just the second-degree assault charge, a Class B felony.

After a grand jury reviewed the evidence and spoke to two witnesses, including Sergeant Steve Webb, it returned an indictment alleging that Heath injured the victim, Clifford Richard Arthur III, 36, through the use of a “dangerous weapon,” meaning in this case a propane tank.

Webb had said earlier Wednesday that Heath was arrested on charges of second-degree manslaughter and criminally negligent homicide in Arthur’s death. The manslaughter charge was not filed in court, and the criminally negligent homicide charge was listed in the court file as having been “removed from (the) charging instrument.”

After Thursday’s brief arraignment before Jefferson County Circuit Judge Annette Hillman, District Attorney Steve Leriche explained to NewsChannel 21 what had transpired since Heath was booked into the county jail on the initial arrest charges.

“Since the initial investigation, the (Oregon State Police) forensics team has worked the scene, and the deceased was taken to the (state) medical examiner,” Leriche said.

“It is a complicated scenario, and we need the input from those experts to make thorough and thoughtful charging decisions,” the DA said. “We need more information before we finalize the charges.”

At the arraignment, court-appointed defense attorney Steve Cordill entered not-guilty pleas on his client’s behalf but told the judge he’d learned he has a conflict of interest in the case and asked for a delay in further proceedings. Hillman told Heath he’ll be assigned another public defender and set a status hearing in a week.

County jail records Thursday indicated Heath was being held on $250,000 bail, and that he tested for a .013 blood-alcohol level when booked into the jail on Wednesday.

Madras Police responded around 6:45 a.m. Tuesday to the report of a deceased person in the vicinity of the Willow Creek homeless camp, off NE Oak Street, Webb said.

Around 1 p.m. Tuesday, police contacted Heath at the camp where Webb said he'd been living, though in court documents he's listed with a Warm Springs address.

Heath was taken to the police department for further questioning, Webb said. A search warrant was issued for the area Heath had been residing at the camp and he subsequently was charged and booked into the county jail.

“Madras Police Department was successful in this case due to partnerships and assistance from several, including Jefferson County Sheriff’s Office, Prineville Police Department, Warm Springs Police Department, Oregon State Police Crime Lab, Faith Based Network Warming Shelter, City of Madras Public Works, and members of the public,” Webb stated in a news release.

“In this small, tight-knit community, we count on each other. Especially in a difficult situation like this, working together produces a quick resolution for the affected family and our community,” he added.

The investigation is ongoing, and anyone with related information is asked to contact Sgt. Steve Webb at 541-475-2424 ext. 203 or contact Non-Emergency Dispatch at 541-475-2201 ext. 0.