Izek Matthew Cleveland, the 18-year-old Baker City man who was driving the vehicle that crashed into a tree early on Dec. 23 in west Baker City, injuring all six passengers, and who told police he had consumed alcohol and cocaine before the crash, will no longer be allowed to drive while the criminal case against him continues.

Judge Matt Shirtcliff added that condition to Cleveland’s release agreement during a hearing Monday morning, Feb. 24, in Baker County Circuit Court.

It was scheduled as a plea hearing, but Cleveland, who is represented by William Thomson of Baker City, did not enter a plea.

Instead, Shirtcliff entered a not guilty plea on Cleveland’s behalf.

Shirtcliff also granted Thomson’s request to continue the case, scheduling a status check hearing for March 26 at 10:30 a.m.

Thomson told the judge that he is still receiving information about the case from prosecutors, and that attorneys have discussed a possible settlement.

“I’d ask for some additional time,” Thomson said.

Thomson told Shirtcliff that Cleveland is undergoing treatment in La Grande.

“I appreciate that update,” Shirtcliff said.

Deena Ryerson, one of two Oregon Department of Justice attorneys prosecuting Cleveland due to Baker County District Attorney Greg Baxter’s conflict of interest, told Shirtcliff that she has talked with victims about the possibility that some charges of second-degree assault against Cleveland, the charge that has the most severe potential penalty, will be reduced based on the extent of injuries to some passengers.

Ryerson, who participated in the hearing remotely, said it’s also possible that prosecutors will take the case to a grand jury to finalize the charges.

Cleveland is charged with driving under the influence of intoxicants, five counts of second-degree assault, and six counts of recklessly endangering another person.

Second-degree assault is a Measure 11 offense in Oregon, which carries a mandatory minimum prison sentence of 5 years and 10 months on conviction.

Cleveland was arrested at the scene of the crash, which happened around 1:20 a.m. Dec. 23, on 17th Street near Grace Street. He was released from the Baker County Jail on Christmas Day after posting $6,000, 10% of his bail.

The 2008 Ford Escape Cleveland was driving crashed into a tree. He had six passengers, all ages 18 or 19.

In a probable cause affidavit, Baker City Police officer Mason Powell wrote that Cleveland “admitted to using cocaine because he thought it would help sober him up for driving.”

Powell wrote that Cleveland’s blood alcohol level was 0.12, above Oregon’s legal limit of 0.08.

Baxter, the district attorney, said he has a personal conflict of interest in the case because he has had several conversations previously with Cleveland with a goal of helping Cleveland. As a result, Baxter said he didn’t think it was appropriate for him, or one of his two deputies, to prosecute the case. Instead he asked the department of justice to handle the prosecution.

Ignition interlock

During the Feb. 24 hearing, there was some confusion among attorneys about the conditions of Cleveland’s release agreement.

Ryerson, who is prosecuting the case with Amy Seely, asked Shirtcliff to remind Cleveland, who attended the hearing, of all the conditions of his release agreement.

Ryerson mentioned Cleveland, who attends Eastern Oregon University in La Grande, not being allowed to drive.

But Shirtcliff and Thomson both noted that during a hearing on Dec. 30, Shirtcliff granted the prosecutors’ request to require that Cleveland not drive any car that isn’t equipped with an ignition interlock device. The device measures a person’s blood alcohol content. The driver has to breathe into the device, and if it detects alcohol the car won’t start.

Ryerson asked the judge to modify the release agreement to not allow Cleveland to drive any vehicle, regardless of whether it has an ignition interlock device.

“I don’t know if driving is the best thing for him,” Ryerson said.

Shirtcliff asked Thomson if Cleveland has been driving.

After briefly conferring with his client, Thomson answered “no.”

Shirtcliff said he would amend the release agreement to state that Cleveland isn’t allowed to drive any vehicle. The ignition-interlock requirement, which is now moot, was removed as a condition.

Thomson asked Shirtcliff if Cleveland could attend the March 26 hearing remotely.

Shirtcliff rejected the request.

“He needs to be here,” Shirtcliff said, referring to Cleveland. “These are serious charges.”

In addition to the driving ban, Shirtcliff has ordered Cleveland to not have any contact with any of the six passengers, with the exception of one who is his roommate at EOU.