Stealing a car, or at least being in possession of a stolen car, is a serious offense. You can be charged with a felony, and, if convicted, you could be looking at jail time. One Oregon woman figured out a shockingly weird way to slide out of felony charges after being found with a stolen 1996 Toyota Camry. She offered the owner of the car a Mountain Dew in exchange for dropping the case, and, amazingly, it worked.
The story, which was broken by the Oregonian last week, sounds too crazy to be true. In fact, I discovered the story while searching on Google, and I was convinced that it had to be one of those silly AI hallucinations. Yet, this situation was very real, and the woman really did get out of felony charges by offering her victim a Mountain Dew.
This wild result happened through the use of what is known as “Civil Compromise” in Oregon law. This Oregon law allows a defendant and a victim to work out a deal to resolve the case. If the judge approves of the deal, the defendant can walk away with the whole case dismissed. Don’t worry, I’ll explain.
The Crime
According to the Oregonian, this story started last December when 30-year-old programmer Peter Higginbotham went on a road trip in a rental vehicle. When he returned to his home, he found that his 1996 Toyota Camry was not there.
A couple of weeks later, in January, the stolen vehicle was found speeding out of a supermarket. When police caught up, they found Chezarae Walter behind the wheel, and she was later charged with unauthorized use and possession of a stolen vehicle. Both charges were felonies. It was found that the old ‘Yota had been hotwired.
I’ve been on the victim’s side of a car theft before. Back in 2020, local drug enthusiasts stole my beloved, but ratty Ford E-350 Power Stroke diesel van. Then, they raided my Audi TT and stole its documents, and then stole every tool I owned. Sure, I paid only $700 for the van, and it was a major pile of crap, but the theft left me shaken. It took me far too long to feel safe again.
I would totally understand if Higginbotham wanted to deploy the full force of the law against Walter. Many people probably would do just that. Yet, this case took an unexpected turn.
According to the Oregonian, Higginbotham’s insurance wrote off the car and cut him a $1,700 check. Apparently, this was good enough for him. As the story reports, Higginbotham owned the car for over 10 years, and the car got beaten up so badly over time that he had to replace the engine and the radiator. At the time of the car’s theft, it was in need of brakes, a suspension replacement, and a coolant leak repair.
Reportedly, Higginbotham happily gets around on public transit, via motorcycle, and in a car he bought to replace the Toyota.
When it came time for Walter to face her criminal charges, she made him and the Court a weird offer. Apparently, his car had a sticker on it that jokingly said, “The book value of my car is one Baja Blast.”
And so, she offered him one Mountain Dew Baja Blast as a Civil Compromise.
The Law
The so-called Civil Compromise, as Oregon calls it, is covered by ORS 135.703 and ORS 135.705.
ORS 135.703 states what a Civil Compromise is:
When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705 (Satisfaction of injured person)…
ORS 135.705 states what needs to be met in order for charges to be dismissed:
(a)If the person injured acknowledges in writing, at any time before trial on an accusatory instrument for the crime, that the person has received satisfaction for the injury, the court may, in its discretion, on payment of the costs and expenses incurred, enter a judgment dismissing the accusatory instrument.
(b)For purposes of paragraph (a) of this subsection, a written acknowledgment that a civil penalty under ORS 30.875 (Civil damages for shoplifting or taking of agricultural produce) has been paid is not evidence that the person injured has received full satisfaction for the injury and is not a compromise under this section.
Basically, you work out a deal with the victim, and the deal is presented to the judge. If approved by the judge, everyone walks away. Oregon law states that Civil Compromise is not available to people charged with felonies, people who commit crimes against cops, and other factors not really relevant to this story. Click the links above to read the full laws if you want to.
My wife Sheryl, a practicing attorney for over a decade, tells me that every state technically has a version of this law, and, when used right, it’s a bright side of the legal system.
However, as the Oregonian reported in a different story about another use of this law, Oregon is somewhat different in that the courts do allow for Civil Compromise to be used for what the state considers to be low-level felonies. This carve-out has made Civil Compromise a highly controversial so-called “loophole” in Oregon. The cases in which Civil Compromise has been used successfully in Oregon get extremely dark and infuriating, and include allegations of sexual abuse or dangerous drunk driving. But on the lighter side, Civil Compromise has also been used to give folks a second chance, such as the case of the person who stole an attorney’s coat, and got out of charges by simply apologizing.
A Second Chance
This case falls into that latter category. Reportedly, Higginbotham didn’t want anyone to go to prison for stealing his pile of crap car, and besides, his bumper sticker did say that his car was worth one Baja Blast, after all. He had to honor the sticker! Sadly, I could not find this sticker online, so it may have been a custom job.
Apparently, there was only one part of the deal that Higginbotham didn’t like, and it was the taste of it, from the Oregonian:
“I didn’t really like it. I’m not a big soda guy,” Higginbotham said in a Wednesday interview. “It was a little citrusy. A little bit pineapple-y. Maybe it’s better if you’re actively eating a taco.”
The prosecutor for the case disagreed with the deal. Walter argued that she had struggled with drug use, but had since moved back in with her father and was working on turning her life around. On September 26, the case came to an end with Walter’s charges being dismissed. Reportedly, Multnomah County Circuit Judge Jeffrey Auxier said:
“You worked out a smoking hot agreement!” […] “The bottom line is the victim in this case doesn’t want this to proceed, and I’ve heard enough to be satisfied that you are on a path in life that has potential,” Auxier said in court. “The state has enough cases to prosecute.”
As for Higginbotham, it took him a few days to finish drinking the Mountain Dew. Apparently, he’s keeping the bottle as a memento. Because, as it turns out, justice might not be a dish that’s best served cold. Instead, at least in this case, justice is a cold bottle of Baja Blast.
The post How A Woman Used A Bottle Of Mountain Dew To Get Out Of Felony Car-Theft Charges appeared first on The Autopian.
