By Kelly Stone
DA Eric Nisely
Wasco County, OR – On July 19, 2012, then 17 year-old Armando Flores Garcia was indicted on sex-abuse related felony and misdemeanor crimes.
Garcia was engaged in a 7 month long consensual sexual relationship with 15 year-old Kelsey Floyd, the daughter of a Wasco County Sheriff’s Deputy.
The relationship included many electronic communications between the two teenagers and the police were called when Kelsey’s mother reportedly discovered graphic Facebook messages to another teenage boy and to Garcia on her daughter’s Facebook.
Because Kelsey’s father is employed by the Wasco County Sheriff’s Office, the Oregon State Police (OSP) were brought in to “investigate”.
Floyd originally told the police that although she came to enjoy sex with Armando, she felt he had forced her to perform oral sex on him the one time she did and that he had forced her to have intercourse the first time they engaged in the act. Any prudent person could easily determine that Kelsey was embarrassed over the discovery of her sexual activities and that she wanted to somewhat alleviate her parents obvious anger over the situation. Isn’t this what authorities and her dad wanted to hear?
Based on her story, and Armando’s statement to the investigating office that he had done wrong, Armando was charged with Sodomy 1, Rape 1, Sexual Abuse II and Assault 4 and held without bail. Garcia’s family got rid of Armando’s public defender who was “leading him straight into a plea-bargain” and they hired Portland Attorney James Leuenberger, who quickly brought the Facebook evidence before the court. After the judge learned what Kelsey Floyd had said in her Facebook messages to Armando, bail was set at $100,000.00. Armando’s family posted the required $10,000.00 and he was released from jail.
After Kelsey had attended counseling sessions and reportedly changed (escalated) her story, DA Nisely found it necessary to add a 5th charge to the indictment against Armando. I consider both indictments to contain false and “stacked charges” – it is obvious that the sexual relationship between Armando Garcia and Kelsey Floyd was consensual and therefore legal…
Immediately before the April 2013 scheduled trial, the trial court ruled that the jury would get to read the graphic Facebook messages between Kelsey and Armando, but the jury would not get to see the photographs the two teenagers had sent each other while sending messages back and forth.
The state immediately announced it would appeal the court’s decision and based on this statement coming from Wasco County District Attorney (DA) Eric Nisley, the April trial was postponed.
Judge Janet L. Stauffer
DA Nisley then complained about trial court Judge Janet L. Stauffer to Seventh Judicial District Presiding Judge Paul Crowley. The complaint was done in a private – ex parte conversation, rather than in an open formal legal proceeding.
As required by judicial ethical requirements, Judge Crowley notified defense counsel Leuenberger about the private conversation he’d had with DA Nisley. Leuenberger responded by filing an Oregon State Bar complaint against DA Nisley for having mislead the court by threatening to file a motion to change the trial court judge when DA Nisley knew he could not lawfully file such a motion. An arrogant and unaccountable DA Nisley then went ahead and filed his motion to have Judge Stauffer removed from the case.
Leuenberger has filed an opposition to DA Nisley’s motion explaining why the DA’s motion is untimely and must be denied – the motion is pending.
I have been waiting for DA Nisley to file his appeal on Stauffer’s ruling on the Facebook messaging, due to the fact that the Garcia trial was postponed because Nisley represented to the court that he was going to file an appeal. I wanted to see his reasoning because I knew that he couldn’t provide any legitimate grounds for his appeal. On May 17, 2013, I learned that DA Nisley had missed the deadline for filing an appeal (his deadline was May 16, 2013) – this is Prosecutorial Misconduct and Armando Garcia’s case should be immediately dismissed, strictly on this issue alone. DA Nisley obviously lied to the court when he said that he was going to appeal and in my opinion he was committing Obstruction of Justice when he lied to get the Garcia trial postponed…
This story of two teenagers having sex is the perfect example of how abusive prosecutors work to destroy people who just don’t deserve to be ruined. This case shows how DA Nisley attempts to wield his power “behind the scenes” in Wasco County, Oregon and that he will even attack a decent judge when she goes against his demands.
Why would DA Nisley want evidence withheld from the jury in a case where a young man’s future life and liberty is at risk and why would he lie about filing an appeal? The truth is, this prosecutor doesn’t know what true justice is, he has a history of abusing people and he will continue his unjust actions only as long as the citizens of Wasco County, Oregon allow him to – or until his horrible reputation begins to rub off onto other attorneys in Oregon and they make the decision to get rid of him.
The people who organized the recall effort against Nisely in the past need to re-group – And, they need the assistance of the US~Observer to make a future recall successful…
In my search for reasons as to why DA Nisley would be so adamant about not wanting the jury to be able to see the Facebook messages between Kelsey and Armando I discovered that the messages themselves contain conclusive proof that the charges against Armando are completely false and that DA Nisley is aware of this proof.
Can Nisley Salvage His Career?
At this point, DA Nisley could avoid a career altering mistake by simply dropping the false charges against Garcia. If DA Nisely chooses to continue his arrogant, “above the law” attitude, I will force this issue to be addressed before I stop pushing… I will then turn Garcia’s criminal case into another “Duke Lacrosse false rape prosecution case.” – DA Eric Nisely will be playing the part of disgraced and disbarred Durham County, North Carolina Prosecutor Mike Nifong. One concerned person emailed me stating, “The man (Nisley) should be tarred and feathered and ran out of town.” – I couldn’t agree more!
In all honesty, if justice were to be served in this case, DA Nisley would be sentenced to a lengthy prison term for his actions in this case and others. Armando and Kelsey should be given some good sound counseling regarding the ramifications of their actions – their enjoyment of engaging in underage sexual activities…
Editor’s Note: Call 541-474-7885 if you have personal knowledge regarding this case or other cases wherein Nisley has violated justice or intimidated and abused the innocent.