OR - Last Halloween, Kevin Olsen had been out with his wife and
friends enjoying each other's company. The group headed to Tollgate
Inn, in Sandy, OR. for a late bite, prior to calling it a night. Most
had consumed alcohol - except for Kevin. He was the designated driver
that night, which he says is a common practice these days. Looking back,
He's had a past that is not so squeaky clean, leaving him currently
on probation for a marijuana conviction in South Dakota. Kevin is a
licensed medical cannabis card holder in the State of Oregon, and had
his card when he was charged for possession of weed in South Dakota.
Unfortunately, S.D. laws aren't in-line with Oregon's.
After several trips
to S.D. for court hearings, coupled with a never-ending bill for Attorney's
fees, Kevin was financially forced to accept a plea deal. He simply
couldn't afford the costs. Since then, Kevin has been on probation,
which the terms of such indicate no alcohol consumption.
Going back to Halloween,
Kevin and his group of friends were upset with the service they were
provided at Tollgate. Some friends had mentioned, "where's our
water," in a humorous tone, after being refused alcohol. After
placing their food order, one of the witnesses stated that the group
became too rambunctious and was asked to leave. Multiple other witnesses
stated that the group had to wait over thirty minutes for their meal,
which was partly why their humorous frustration ended up being voiced.
Nonetheless, the group began to leave, when asked. That's when things
when things went sideways
A 68-year-old man
by the name of Eugene (Gene) Kalar was sitting at the bar, consuming
alcohol. He pursued the group as they were leaving, by standing up and
escorting them out of the bar. Gene was standing in the doorway as Kevin
and his friends were leaving. As Kevin passed by, he and the closest
witness claimed that Gene spat in Kevin's face while, "demeaning"
some members of the group. Kevin quickly raised his hand in a defensive
manner, after, "being spat on", resulting in Gene's
hat falling off his head. Kevin and his friends attempted to leave,
but Gene pursued them into the parking lot. Gene's story alleges he
was trying to get a license plate number, but Gene's own account of
events clearly leaves room for misinterpretation - especially considering
the incident was captured on video!
Gene ended up brawling
with one of Kevin's friends in the parking lot. It's unclear who started
the assault, although Gene clearly pursued the group, essentially taking
the law into his own hands. As the two men fought, Gene drop-kicked
Kevin's friend in the groin, and followed up with a punch that shattered
the man's cheek bone - all viewable on a separate video.
At this juncture, Kevin and some of the group left, while Gene headed
back to the bar. After Kevin's friend gained consciousness, he headed
back into the bar, where he and Gene got into another altercation. Gene
was thrown to the floor from his barstool, and physical contact ensued
until the fight was broken-up.
The Tollgate Inn
The police arrived
soon after, taking statements from witnesses, eventually arresting Kevin's
friend. Gene was not arrested, and reportedly refused medical attention.
Gene also told the police that Kevin had punched him with, "his
The witness standing
directly next to Kevin and Gene when the alleged "punch" was
thrown, stated that Kevin never punched Gene. This witness should be
the most important person for police to get a statement from, yet they
never did, even though he was mentioned in their report. It was this
writer who obtained the first account of what happened from that witness,
and his account directly reflects the irrefutable video evidence. Only
one witness besides Gene, who was not part of Kevin's group, provided
a statement to police that night. He stated to this writer on March,
3, 2016 that, "Every month you forget bits and pieces, you
know that, right? This was in October." Putting emphasis
on forgetting bits and pieces, how clear was his memory shortly after
the incident on the night in question? This witness stated that he,
"saw the glasses fly off" Gene's head when Gene was
punched, but that did not happen. Just minutes after the incident, his
memory had already failed, which was also proven by video surveillance.
Maybe he thought he was helping? After all, Gene, a Vietnam Vet had
just been in a fight. This writer attempted to give that witness the
opportunity to set the record straight, but he disregarded my attempts
to meet so he could read the police report and view the video. This
writer has much more information about this witness, which will be published,
should he continue to remember things that did not happen. As our only
conversation came to an end, he said, "I don't care what
people think about me."
There's no question
that Gene Kalar's eye was injured. The real question is how did it happen?
Was it really Kevin, or was the injury sustained during Gene's first
physical encounter with Kevin's friend? Hypothetically, even if
Kevin did cause the injury to Gene, a former Chief of Police said to
this writer that, "the law states you're entitled to use
force until the threat (spitting) stops." Kevin did not
use force which is clearly supported by the video. Kevin stated he,
"absolutely would have punched Gene for spitting on him,
if he wasn't a Vet."
Sadly, Kevin was
arrested by the cops and charged with assault. He claims to have told
them, "I never punched that guy (Gene)." When
Kevin demanded that the police arrest Gene, too, he was told, "If
you want him arrested, you're going to have to contact another law enforcement
agency for that. We won't arrest Gene." Two other witnesses
also stated that police told them to find another law enforcement agency
to arrest Gene!
Come to find out,
the police allegedly knew Gene was a retired Captain from Hoodland Fire
Department, fairly close to Tollgate Inn, where the altercation took
For the next few
months, Kevin was shunned by many in the community (word travels fast
in Sandy, OR), essentially being labeled an, "old man beater."
Kevin stated, "the evidence should help the District Attorney
to do the right thing and dismiss my charge." Kevin is
self-employed and was recently married. He stressed his innocence and
willingness to only want the truth to be known, and, to move on with
This writer talked
to the alleged victim, Gene Kalar, on June 2, 2016. Gene asked to not
be quoted, but he offered some compelling details. It's disheartening
to this writer (I'm also a Vet) to find that another Army Veteran would
lie to me, which Gene did - with ease.
1. Gene claimed
several times that he has not seen the video. False. According to Joe,
the manager of Tollgate Inn, he provided Gene a copy of the video footage.
2. Gene said
he opened the door before he was punched. Although this may seem like
a minor detail - it becomes serious when someone's freedom is on the
line. Gene never opened the door.
3. Gene stated
he was knocked to the ground by Kevin. Another false statement proven
4. Gene said
immediately after he opened the door, Kevin punched him. He had no time
to see Kevin's fist coming at him. Not true. Gene stood in the already
opened doorway for approximately five seconds before, "He
spat in Kevin's face," according to a corroborating witness.
5. Gene claimed
to be sober when the incident occurred, only having consumed half of
a glass of wine. If he was sober, then why would he provide a false
statement to the police?
sources who have no reason to lie, stated that Gene told them, "he
(Gene) really doesn't remember what happened." Obviously
this statement does not align with what he stated to the police and
myself. Maybe he was drunk, knew the cops, and embellished? Who knows?
One thing is certain - Gene's statement was not truthful and his actions
on that night and subsequent to Kevin's arrest are deplorable. He had
a chance to be truthful, and he consciously decided to lie - at the
expense of another's freedom. Statements made, if not true, can still
be relied upon to convict and incarcerate.
could actually result in criminal charges being filed against him. In
Oregon, providing a false statement to the police is a Class A Misdemeanor
(ORS 162.385). Furthermore,
if Gene spat on Kevin, as alleged by Kevin and another witness, that
too, is also a crime in Oregon (ORS
166.065). Let's also not forget that taking the law into your own
hands by pursuing and fighting someone could be interpreted as several
crimes - Assault (ORS
163.160), Harassment (ORS
166.065), or at a minimum, Disorderly Conduct (ORS
166.025). Gene did not have to pursue someone into the parking lot
who had already allegedly assaulted him. He could have easily stayed
inside, and called 911. I will assume he was not arrested due to the
fact he's a Vietnam Vet, and a retired Captain from Hoodland Fire Dept.
Obviously, that does not make him honest.
Shockingly, it has
also been stated that Gene will commit a horrible offense, should this
case continue - an offense that could easily make him liable for a felony
crime. I will save that evidence for the right time, should the case
The District Attorney's
charges against Kevin's friend, resulted in a plea agreement that required
him to have a criminal record, although he reportedly had never been
Kevin, knowing he
never punched Gene, decided to lawyer-up, contact the US~Observer, and
The D.A. and Prosecutor
will be reviewing the evidence that has been compiled, and they should
be commended for their pursuit of justice.
If the assault charge
is not dismissed, Kevin will be prosecuted in August of 2016. If convicted,
Kevin stands a good chance of going to prison since he's on probation
for possessing marijuana almost three years ago.
Rest assured that
if Kevin's misdemeanor charge is not dismissed - names of witnesses
will be mentioned in a companion article and more evidence will be presented
- evidence that further proves Kevin's innocence.
In the interest
of Justice, this case should be dismissed - and all should move on with