– Gary Fletcher

– The Observer

ENTERPRISE A Yakima man who claims he will be exonerated was released on bail Wednesday and a murder charge against him was reduced to a first-degree manslaughter charge in connection with the fatal shooting of a Weston man near Troy Saturday.

A plea has not yet been entered.

Benjamin Paul Harrell, 40, was released from jail Wednesday with strict conditions after he posted 10 percent of a $250,000 bail, police and court officials said.

Appearing on closed-circuit video conference from jail in Pendleton Monday, Harrell said that he was not a flight risk, that he didn’t leave the scene and that when the facts come to light he is confident he will be exonerated, police said.

During the video arraignment Wallowa County Circuit Court Judge Phillip Mendiguren cut off Harrell from speaking further.

Mendiguren advised him not to speak about the facts of the case until he had an attorney present. Mendiguren also advised him not to enter a plea yet, police said.

Harrell was arraigned Monday on one count of first-degree manslaughter, a class A felony. This is a Measure 11 crime that carries a mandatory minimum sentence of 120 months in prison if there is a conviction.

Harrell was initially charged with first-degree assault, first-degree attempted assault, menacing and first-degree criminal mischief.

The murder charge was added when Robert Eugene Mills, 26, of Weston died at St. Mary Medical Center in Walla Walla as a result of a gunshot wound from a high-powered rifle. Mills was flown by air ambulance from Troy to the hospital.

Wallowa County District Attorney Dan Ousley would not comment on why the murder charge was reduced. Nor would he comment on the other charges.

The Wallowa County Sheriff’s Office would not disclose where Mills was shot or what caliber of rifle was used because of the status of the investigation, which a spokesman said is progressing.

The sheriff’s office was still awaiting forensic reports and autopsy results Wednesday.

The issue of self-defense has been raised as a potential concern, but it isn’t known yet if there is enough information regarding that, Sheriff Fred Steen said.

Mills was shot while driving a pickup into Harrell’s camp. It was thought to be dark at the time. The sheriff’s office received the call reporting the shooting at about 5:40 p.m., police said.

Mills and friends were camped in the Grizz Flat area one-half mile south of Troy.

Harrell and his wife were also camped in the Grizz Flat area, awaiting the Wenaha Muzzleloader Rendezvous black powder shoot that traditionally takes place at Grizz Flat the last Sunday of each month. There is a shooting range there.

Further interviews of the two witnesses and the bystanders who came to help are being conducted by the sheriff’s office and the Oregon State Police Major Crimes Team, police said.

The Walla Walla County Coroner’s Office and the Walla Walla Police Department are part of the investigation of the case, police said.

Police would not comment about a possible dispute or other circumstances related to the incident because the investigation is ongoing.

No further court date has been set for Harrell. He has until Dec. 13 to notify the court, through his attorney, if he wants a preliminary hearing.