PORTLAND, Ore. (AP) — Oregon state Rep. James Hieb will not face charges in connection with his August arrest for alleged disorderly conduct and other charges at Clackamas County Fairgrounds.
A memo obtained by KOIN 6 News says the Clackamas County district attorney is declining to pursue charges based on a lack of evidence and a recent change in Oregon law.
The Republican lawmaker from Canby previously said the incident Aug. 17 happened after he had consumed four beers and then lit a cigarette. He said a woman asked him to put it out and then summoned officers.
Authorities had released body camera footage showing sheriff’s deputies and Hieb's interaction.
“It ended with Mr. Hieb asking to be arrested and throwing himself on the ground,” Deputy District Attorney Bryan Brock wrote in the memo. “Mr. Hieb’s request was granted and he was taken to the jail.”
The sheriff’s office recommended charges of second-degree disorderly conduct, interfering with a peace officer and second-degree criminal trespass.
The district attorney determined Hieb’s behavior did not rise to the level of creating a disturbance to qualify for disorderly conduct. Brock also concluded prosecutors couldn't prove the criminal trespass allegation because the member of the fair board who told Hieb to stop smoking didn't tell him to leave.
Deputies also said Hieb refused to show them his identification, but Brock noted that is no longer the crime of interfering with an officer, after the Oregon Legislature changed the law in 2021.
Hieb was appointed to represent Oregon House District 39 by Clackamas and Marion County commissioners — replacing House Minority Leader Christine Drazan, who stepped down to run for governor.
When asked about his alcohol consumption this week, Hieb said he would now refrain from alcohol while serving in the state House, the news outlet reported.