A Vancouver man initially accused of kidnapping a woman he met up with at a Gresham, Ore., bar was given credit for time served Thursday after agreeing to a plea deal, in which the kidnapping charge was dismissed.
Baron D. Ashley, 31, entered an Alford plea in Clark County Superior Court to third-degree theft, which allows a defendant to argue his innocence but admit there’s enough evidence that he could be found guilty. He pleaded guilty to escaping community custody, after failing to check in with the Department of Corrections in relation to another crime.
The two more serious charges he was facing — second-degree kidnapping with sexual motivation and theft of a motor vehicle — were dismissed or amended in exchange for his pleas.
Deputy Prosecutor Aaron Bartlett said during the hearing that the victim wanted the case to resolve before a trial so she wouldn’t have to testify. She was aware of the prosecution’s sentencing recommendation of time served, he said, and her primary concern was that a no-contact order be put in place against the man.
In addition to the victim’s wishes, Bartlett said there would have been evidentiary issues if the case went to trial. Video surveillance, text messages and call logs the prosecution thought were available as evidence were in fact not, he said. Without that, it would have been difficult to prove the circumstances outlined in the probable cause affidavit.
Bartlett said in an interview that the prosecution continued to investigate to find support for the charges, but as the case progressed, prosecutors realized the necessary proof wasn’t there.
According to a probable cause affidavit that supported the original charges, the victim and Ashley had been communicating online for several weeks before they met at the bar Feb. 27, 2016. The woman said she and Ashley got into her car in the parking lot to talk, with Ashley in the driver’s seat. He allegedly started the car and drove off without her permission and refused to stop.
Ashley allegedly drove to a residence in Vancouver and demanded that the woman perform sexual acts on him. The victim said she refused and was eventually able to persuade him to let her go, the affidavit states.
Bartlett said the theft charge, a gross misdemeanor, stems from some missing currency that was in the victim’s car, presumed to be taken by Ashley.
Judge Daniel Stahnke appeared reluctant to follow the attorneys’ sentencing recommendation. He asked Bartlett if the victim was present at Thursday’s hearing or had submitted a statement. Bartlett said no.
Stahnke gave Ashley credit for 65 days served and suspended 364 days on the theft conviction for two years, as a form of probation. Ashley is not to have contact with the victim.
