In the Circuit Court of the State of Oregon for Lane
County


THE STATE OF OREGON,

Plaintiff,

vs.

KIPLAND PHILIP KINKEL,

Defendant.
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INDICTMENT

20-98-09574



The above named defendant is accused by the Lane County Grand Jury of the crimes of


THEFT IN THE FIRST DEGREE
UNLAWFUL MANUFACTURE OF A DESTRUCTIVE DEVICE
AGGRAVATED MURDER
AGGRAVATED MURDER
UNLAWFUL POSSESSION OF A SHORT-BARRELED SHOTGUN
AGGRAVATED MURDER
AGGRAVATED MURDER
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM Indictment (Kinkel) - Page 1

ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER WITH A FIREARM
ASSAULT IN THE FIRST DEGREE WITH A FIREARM
ATTEMPTED AGGRAVATED MURDER


committed as follows:

COUNT 1

The defendant on or about May 20, 1998, in Lane County, Oregon, did unlawfully and knowingly commit theft by receiving of a firearm of value, the property of Scott Keeney; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 2
The defendant on or about May 20, 1998, in the county aforesaid, did unlawfully and intentionally assemble, produce or otherwise manufacture a destructive device, as defined in ORS 166.382; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 3
The defendant on or about May 20, 1998, in the county aforesaid, did unlawfully and intentionally possess a bomb device with an explosive or incendiary component; contrary to statute and against the peace and dignity of the State of Oregon;

Indictment (Kinkel) - Page 2

COUNT 4
The defendant on or about May 20, 1998, in the county aforesaid, did unlawfully and intentionally cause the death of William P. Kinkel, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 5
The defendant on or about May 20, 1998, in the county aforesaid, did unlawfully and intentionally cause the death of Faith Marie Kinkel, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 6
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly possess a short-barreled shotgun; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 7
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause the death of Benjamin A. Walker, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim; contrary to statute and against the peace and dignity of the -State of Oregon;

COUNT 8
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause the death of Mikael E. Nickolauson, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 9
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Jennifer Aldredge, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 10
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause serious physical injury to Jennifer Aldredge by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

The state further alleges that the above-named victim did not substantially contribute to the commission of the above-described offense by precipitating the attack;

COUNT 11
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Ryan Atteberry, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

Indictment (Kinkel) - Page 3

COUNT 12
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause serious physical injury to Ryan Atteberry by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

The state further alleges that the above-named victim did not substantially contribute to the commission of the above-described offense by precipitating the attack;

COUNT 13
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Sara Branom, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 14
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Sara Branom by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 15
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Nichole Buckholtz, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 16
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Nichole Buckholtz by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 17
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Tony Case, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 18
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause serious physical injury to Tony Case by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

The state further alleges that the above-named victim did not substantially contribute to the commission of the above-described offense by precipitating the attack;

COUNT 19
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Nathan Cole, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

Indictment (Kinkel) - Page 4

COUNT 20
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause serious physical injury to Nathan Cole by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

The state further alleges that the above-named victim did not substantially contribute to the commission of the above-described offense by precipitating the attack;

COUNT 21
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Ryan Crowley, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 22
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Tabitha Fain, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 23
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Tabitha Fain by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 24
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Melissa Femrite, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 25
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Melissa Femrite by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 26
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Jaclyn Hardenbrook, another human being, in the same criminal episode as defined in ORS 131.50S in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 27
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Jaclyn Hardenbrook by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

Indictment (Kinkel) - Page 5

COUNT 28
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Trina Harty, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 29
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Trina Harty by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 30
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Kyle Howes, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 31
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause physical injury to Kyle Howes by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 32
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Betina Lynn, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 33
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and-intentionally cause physical injury to Betina Lynn by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 34
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Carolyn McClain, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 35
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause physical injury to Carolyn McClain by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

Indictment (Kinkel) - Page 6

COUNT 36
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Elizabeth McKenzie, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 37
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Elizabeth McKenzie by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 38
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt tO cause the death of Tara McMullen, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 39
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and knowingly cause physical injury to Tara McMullen by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 40
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Teresa Miltonberger, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

COUNT 41
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally cause serious physical injury to Teresa Miltonberger by means of a deadly weapon, a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

The state further alleges that the above-named victim did not substantially contribute to the commission of the above-described offense by precipitating the attack;

COUNT 42
The defendant on or about May 21, 1998, in the county aforesaid, did unlawfully and intentionally attempt to cause the death of Christina Osburn, another human being, in the same criminal episode as defined in ORS 131.505 in which there was more than one murder victim, by means of a firearm; contrary to statute and against the peace and dignity of the State of Oregon;

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