No release for man charged in Ophir burglary

GOLD BEACH – One of two men charged following an early morning burglary last Thursday in which the property owner fired shots at two stolen cars attempting to run him down and wound up with eight officers and a K9 dog investigating, made his first appearance with his attorney in Curry County Circuit Court on Tuesday.

Defense attorney Jim Gardner asked that Jeffery Dale Rosenberry, 38, be granted his conditional release from jail.

“He is a resident of Port Orford,” Gardner said. “He’s been in court. He’s always appeared.”

District Attorney Everett Dial said Rosenberry had a failure to appear in 2006 and had arrests since a felony in the 1990s.

Circuit Court Judge Cynthia Beaman left bail set at $100,000. His next court appearance was set for June 16.

The second man arrested in that case, Rick Thomas Phillips, 26, Port Orford, is set to make his first appearance with defense attorney John Spicer on Wednesday. Both defendants were arraigned last Friday on charges of second-degree burglary, first-degree theft, two counts each of unauthorized use of a vehicle and recklessly endangering another. All but the last count are felonies.

Phillips is also charged with probation violation. Besides the $100,000 bail, he is also being held without bail for the probation violation.

Gardner asked that matters be set quickly for Rosenberry. Dial said there is still evidence being sent to the laboratory.

Paul Wesselink, a sheriff’s commissioner from Orange County, Calif., who is building a summer home at Elk Point, near Ophir, described what happened early Thursday.

“The guy comes over the hill in a stolen truck, goosed it and tried to run over me,” Wesselink said. “I fired a couple of shots. He crashed. Another guy in a Honda comes over the hill. I shot a couple rounds at him. He put it in reverse and went up the hill. He crashed.”

Sheriff John Bishop said his department received a 911 call of a burglary in progress with shots fired. Deputy Joel Hensley was called out about 4:30 a.m. and arrived at the scene, followed by Sgt. John Ward.

Hensley found one stolen vehicle lodged against the fence in gear but no one around, Bishop said. When Ward arrived, they went up the road and contacted Wesselink.

“During this contact, sounds were coming from the brush area to the north of the residence. Another vehicle was also located with engine running and lights on but no one around,” Bishop said.

Due to weather conditions and limited visibility, combined with no knowledge of how many burglars were near the area, additional assistance was requested.

Captain Bob Rector and Bishop arrived on scene along with Oregon State Trooper Paul Rushton, Gold Beach Chief P.J. Janik and Coos Bay Officers Sgt. Sean Merritt and Officer Tim West. Coos Bay also brought their K-9 “Vigo.”

A perimeter was set up around the residence and the burglars were tracked. It was later determined one fled to the south and the other north, but both had headed to Highway 101.

“They just ransacked everything,” Wesselink said.

He said he had a motorcycle that had been loaded by the burglars and was ready to go.

While the investigation at the residence continued, officers were patrolling Highway 101.

At about 9:05 a.m., Trooper Rushton advised he had two men hitchhiking approximately two miles to the north on the highway and they were taken into custody.