More details emerged on Friday, Nov. 5 into the assault of a Corvallis-based 7-Eleven employee as the three suspects in what is now called a bias crime were arraigned in Benton County Circuit Court.
Dylan Guido, 21, of Roseburg and Riley Westbrooks, 21, of Myrtle Creek were arraigned on charges of third-degree assault and first-degree bias crime. Kyle Rackley, 22, of Sutherlin was arraigned on a charge of third-degree assault.
According to a news release from Corvallis Police Department, the charges stem from an assault that took place Oct. 24 at the 7-Eleven at 746 NW Kings Blvd. Police alleged the suspects used homophobic and transphobic slurs.
People are also reading…
During Friday’s arraignment, Benton County Circuit Court Judge Matthew Donohue ordered the conditional release of all three suspects. Donohue ordered Guido, Rackley and Westbrooks to not have any contact with the assault victim, with the 7-Eleven where the incident happened or with each other.
Conditions of their release also include not possessing or consuming any alcohol or other controlled substances.
Guido had already obtained an attorney, Gillian Wickersham of Roseburg, prior to the arraignment. Rackley was denied a court-appointed counsel because of his monthly income but was represented during the proceeding by James DeVecchio. David Terry represented Westbrooks during the hearing.
The three defendants were arrested in Roseburg on Thursday, Nov. 4 and lodged in Benton County Jail following a lengthy investigation by the Corvallis Police Department.
The suspects were released from jail the same night of their arrests after posting bail.
Before the altercation
According to probable cause affidavits for the suspects, the victim was working at the Northwest Kings Boulevard 7-Eleven when Guido and Westbrooks tried to enter without a mask, which is against COVID-19 protocols. Rackley remained outside of the convenience store. All three allegedly had been drinking.
When Guido and Westbrooks attempted to cover their faces with their shirts, the store clerk denied them entry, according to the affidavits. Two other customers in the store at the time reportedly overheard the conversation.
Guido and Westbrooks left without buying anything, according to the affidavits. The two other customers exited the store, and one gave a mask to Guido and a slice of pizza to Westbrooks.
After obtaining the mask, Guido re-entered the store, but the clerk denied him service a second time, police say. At this point, Guido and Westbrooks walked away but remained in the parking lot.
According to the affidavits, a little while later the employee saw the three men still in the 7-Eleven parking lot. The clerk confronted the group about drinking alcohol on the property by holding out a phone and telling them to leave or she would call the police.
The affidavits state the two other customers heard Guido and Westbrooks yelling “gender-related slurs” toward the clerk. The clerk then started cursing at the three men and told them to get off the property. In response, the men moved toward the edge of the parking lot but did not leave.
The employee followed, according to the affidavits, again telling them they needed to go home. The clerk then stood inches away from Guido’s face, according to the affidavits.
The various parties disagree what happened next, according to the detective who signed off on the affidavits: The victim told police she gently pressed on Guido’s chest to move him back. However, the three men allege that she “forcefully shoved” Guido.
The alleged assault
According to the clerk, she then attempted to knock a piece of pizza out of Westbrooks' hand, but the three men don’t recall this. The clerk alleges Westbrooks punched her in the face, but the suspects told police Westbrooks did not punch her.
At this point, the clerk is said to have punched Westbrooks in the face, knocking him backward, causing him to hit his head and lose consciousness, according to the affidavits.
As Westbrooks remained on the ground, Guido, Rackley and the clerk allegedly began fighting. The group exchanged blows, according to the affidavits. Westbrooks eventually got back up and reportedly rejoined the fight.
The clerk recounts in the affidavits being punched by all three men in the head and face, altogether receiving around 30 blows.
Rackley told detectives he was involved in the fight but never punched or hit the victim, according to the affidavits.
The fight ended and the three men left the area. The victim tried to walk back to the store. At this point, her face was covered in blood, according to the affidavits. She called police who arrived and began an investigation.
According to the affidavits, the victim was spitting up blood following the assault and was transported to the hospital. She described her injuries from the assault as follows: “fractured nose, fractured orbital floors, fractured sinus wall, bruises and abrasions.”
During a follow-up investigation days after the assault, detectives observed bruising on the victim’s knees, elbow, ear, nose and forehead. She had dark purple bruising around her eyes.
Westbrooks told detectives he had severe head and face pain for several days following the fight, according to the affidavits. Rackley and Guido reported no injuries.
The victim told detectives she believed the assault by Guido and Westbrooks was motivated by their perception of her gender status, based on the words they used. Mid-Valley Media is purposefully not disclosing the precise wording.
However, both Guido and Westbrooks deny saying or hearing any type of slurs during the incident, according to the affidavits. The detective noted they were able to remember other specific words and conversations from around the same time period.
All three men denied hitting the victim, according to the affidavits.
The suspects next court appearances are scheduled for 10:30 a.m. Dec. 9.
Maddie Pfeifer covers public safety for Mid-Valley Media. She can be contacted at 541-812-6091 or Madison.Pfeifer@lee.net. Follow her on Twitter via @maddiepfeifer_