Multnomah County District Attorney Rod Underhill announced Friday that 24-year-old Calum Micheil Breitenberg changed his plea and received a 48 month prison sentence for driving under the influence of alcohol, crashing his vehicle and killing 32-year-old Jason Barns who was in the neighborhood collecting cans on recycling day.
Breitenberg pleaded guilty to one count of criminally negligent homicide and one count of driving under the influence of intoxicants.
"Despite the significant loss Mr. Barns’ family experienced and continues to experience, throughout this entire process, they remained very understanding and compassionate,” said Multnomah County Senior Deputy District Attorney David Hannon, who prosecuted this case. “Mr. Barns' family wanted to ensure accountability but also wanted to make sure Mr. Breitenberg had a deeper understanding of his actions and is given an opportunity to rehabilitate. This sentence accomplishes all of the family’s wishes."
As part of his sentence, Breitenberg will also be on five years of enhanced bench probation, must perform 160 hours of community service to specially help a nonprofit that works with homeless individuals, attend the DUII Victim Impact Panel and watch a video of Mr. Barns’ memorial service and then write a letter to the court about his reactions to the memorial service. Mr. Barns’ family believes this important condition of sentencing will allow Breitenberg to see the impact Mr. Barns’ death had on his family, friends and the community.
Breitenberg faces a permanent revocation of his driving privileges. He can re-apply for driving privileges 10 years after his release.
This investigation started on November 15, 2018 at approximately 11:30 p.m. when Portland Police responded to a vehicular crash in the 7400-block of North Willamette Boulevard in Portland, Oregon.
Officers arrived and located Mr. Barns critically injured. At the hospital, doctors determined Mr. Barns had a skull fracture and severe blunt force trauma to his chest. As a result of the injuries, he died.
Members of the Portland Police Bureau’s Major Crash Team responded and determined that Breitenberg was traveling at a high rate of speed on North Willamette Boulevard when he lost control of his vehicle and struck a parked car. The impact of the crash severely damaged that vehicle and pushed it into the sidewalk.
The vehicle being driven by Breitenberg continued to spin out of control and struck Mr. Barns as he stood near the sidewalk.
Breitenberg’s vehicle impacted several garbage and recycling containers, cut apart a tree, uprooted a speed limit sign and dislodged a landscaping rock that weighed approximately 300 pounds.
When police contacted Breitenberg on scene he told them, “I’m too drunk to be driving,” and he was unaware if he had any passengers.
At the time of this crash, the posted speed limit for the neighborhood was 30 miles per hour.
By pleading guilty, Breitenberg admitted he, with criminal negligence, caused the death of Mr. Barns as a result of being under the influence of intoxicants and driving a motor vehicle.
Police determined Breitenberg’s blood alcohol content, approximately one hour after the crash, was .18%.
Upon his release, Breitenberg will be on 36 months of post-prison supervision.
The Multnomah County District Attorney’s Office recognizes the patrol officers of the Portland Police Bureau’s North Precinct and the PPB Major Crash Team for their dedicated efforts investigating this case.
The District Attorney’s Office also recognizes Victim Advocate Chanel Thompson for providing support and advocacy to the Mr. Barns’ family.
Source: Multnomah County District Attorney