A 19-year-old Pendleton man pleaded not guilty Tuesday to charges of having sex with 14-year-old girl and exchanging sexual photos with her.
Luke Anthony Oliver told police detectives he and the girl had sex on multiple occasions, according to a search warrant affidavit, but he ended the relationship because he knew it was criminal. He pleaded not guilty to using a child in a display of sexually explicit conduct, first-degree encouraging child sexual abuse, two counts of third-degree rape and luring a minor, all felonies, and third-degree sexual abuse, a misdemeanor.
Oliver is free on $5,000 bail and not allowed to have contact with the girl or other minors, according to court records, except in the course of work. His next court appearance is Sept. 24.
The rape charges relate to allegations Oliver had sex with the girl between Jan. 1 and April 1, once in a vehicle at McKay Dam near Pendleton and then at his home at 1192 S.W. Theta Court, Pendleton, according to the Aug. 5 indictment. Court and police documents do not show the sex was forcible, but the girl was too young to give consent. Other charges relate to sexual photos prosecutors and police allege Oliver and the girl sent to one another.
Pendleton police Sgt. Rick Jackson wrote the affidavit to obtain a warrant to seize and search Olivers cellphone and other devices. The affidavit states a Pendleton officer on Jan. 18 at about 5 a.m. received information of a possible sexual assault near McKay Reservoir. The area is a few miles outside city limits and in the countys jurisdiction, so police handed the information to the Umatilla County Sheriffs Office.
Then an informant on March 7 told Jackson that Oliver bragged about having sex with a 14-year-old girl in Pendleton and other places, according to the affidavit, so Jackson began an investigation. Umatilla County sheriffs deputy James English on March 28 called Jackson and said he would question Oliver and talk to him about possible crimes in Pendleton.
But six weeks passed and Jackson wrote he moved forward with the case due to the lapse in time and the Pendleton Police Departments policies regarding completing criminal investigations.
Jackson reported he and fellow detective Howard Bowen questioned Oliver May 13 at his home, where he lives with his parents, Rick and Debra Oliver. Jackson wrote he advised Luke Oliver of his rights to not talk to police and have a lawyer represent him, but the young man agreed to talk.
Oliver told the detectives he learned in late 2013 a 17-year-old girl liked him and wanted his phone number. In January, she and another teen girl met Oliver at his work and asked to hang out with him. He told police he got off work around 10 p.m., gave the girls a ride in his car, parked at a lot in Pendleton, played truth or dare and ended up naked or nearly so.
But they feared police would catch them, so they left town on Highway 395 and parked in the Coombs Canyon area, about five miles south of the city limits. Truth or dare continued, according to the affidavit, until Oliver crawled into the back seat with the younger girl, and they had unprotected sex.
He admitted to police the girl told him she was 14 while they had sex.
The 17-year-old did not participate, grew upset, cried and left.
Oliver told police he and the girl had sex twice at his house in Pendleton and six times at her mothers house in The Dalles during the next month and a half. Jackson reported Oliver said he broke off the relationship because Im technically raping her.
He also said he and the girl exchanged sexual digital photos of each other via social media and cellphones.
Jackson wrote Oliver came to the Pendleton Police Department the morning of May 15 and signed a consent form authorizing police to examine his cellphone. Jackson searched the phone the next day, he wrote, and found sexual photos of Oliver and of young girls exposing their genitals and breasts.
Jackson also reported detective Jamie Carrico with The Dalles police interviewed the 14-year-old girl, who recalled having sex with Oliver 25 times in The Dalles and 15 times in Pendleton from the middle of January until the last Friday of her spring break. She also said she and Oliver exchanged sexual digital photos of themselves.
Luke Oliver revoked the consent to search the phone five days after he gave it. Jackson reported he stopped examining the phone and the revocation was the reason he pressed for the search warrant.
Pendleton attorney Michael Breiling is representing Oliver. Breiling on Thursday filed a request with the court seeking material and information the district attorney has on this case, including photographs, copies of statements Oliver made to the grand jury and police reports.
Umatilla County District Attorney Dan Primus said the prosecution is in the earliest stages. Luke Oliver was not immediately available for comment. His father, a local pastor, said this was a difficult time for the family and his son would have his day in court.