The Oregon Court of Appeals recently upheld a conviction against Roberto Hernandez for interfering with emergency medical service (EMS) providers. The court ruled that the trial court was correct in denying Hernandez's motion to dismiss the charge based on a civil compromise. This decision highlights the importance of protecting public safety in emergency situations.
The case, State v. Hernandez (docket number A185059), stems from an incident where Hernandez obstructed EMS personnel from assisting an injured woman after a car accident. The court's ruling has implications for how similar cases involving interference with emergency services are handled in the future.
Background
Roberto Hernandez was charged with interfering with EMS providers under Oregon law, specifically ORS 162.257. The incident occurred when he and a woman were involved in a vehicular accident. Following the crash, Hernandez lay on top of the injured woman, who was bleeding and in need of medical assistance, and screamed for help. When EMS arrived, Hernandez refused to allow them to assist and even punched one of the EMS providers in the chest, although no injury resulted from that action.
Prior to the trial, Hernandez attempted to resolve the matter by writing an apology to the EMS provider. He argued that the EMS provider had acknowledged receiving satisfaction for the incident and agreed to a civil compromise. However, the trial court denied this motion, stating that the nature of the offense did not allow for a civil compromise because it was designed to protect the public at large, not just the individual EMS provider.
The Ruling
The Oregon Court of Appeals, led by Judge Egan, affirmed the trial court's decision. The court concluded that the offense of interfering with an EMS provider is not eligible for civil compromise under Oregon law. Judge Egan stated, "Interfering with an EMS provider is not an offense eligible for civil compromise because ORS 162.257 was designed to protect the public at large." This ruling clarifies that the law aims to ensure that emergency services can operate without obstruction, which is crucial for public safety.
Additionally, the court emphasized that the injury caused by such interference does not solely affect the EMS provider but also endangers the public, particularly those in need of emergency care. The court noted, "The act of interfering with an EMS provider injures the public, not solely a discrete party, and it is statutorily ineligible for civil compromise." This decision reinforces the principle that certain crimes, especially those affecting public safety, cannot be settled through private agreements.
Impact
This ruling has significant implications for future cases involving interference with emergency services. It establishes that individuals cannot avoid criminal liability through civil compromises when their actions threaten public safety. By affirming the trial court's decision, the Oregon Court of Appeals has set a clear precedent that the law prioritizes the protection of emergency responders and the public over private agreements.
Moving forward, this case may influence how similar charges are prosecuted in Oregon. It clarifies that the law seeks to deter actions that could hinder emergency medical assistance, thereby ensuring that EMS providers can perform their duties without obstruction. This ruling may also serve as a warning to others that interfering with emergency services is a serious offense with legal consequences.
What's Next
Hernandez has the option to appeal the decision, but details regarding any potential appeal were not available in the court filing. There are no related cases pending that directly connect to this ruling, but it may influence future legal discussions surrounding civil compromises in similar contexts.










