Federal Indictment Returned Charging Warm Springs Man with Murder in Second Degree

PORTLAND, OR—A Warm Springs man, Ted L. Barney, Jr., age 23, appeared before U.S. Magistrate Janice M. Stewart on a two-count indictment charging him with second-degree murder and use of a firearm during a crime of violence. The court detained the defendant in federal custody pending an October 4, 2011, trial date. If convicted, the defendant faces a maximum sentence of life in prison on the second-degree murder charge, and a consecutive sentence of 10 years in prison if convicted on the crime of use of a firearm during a crime of violence.

The Warm Springs Police Department responded to a report of gunshot fire at a residence on the Warm Springs Reservation. An investigation revealed that Delmer S. Davis had allegedly been shot by Ted L. Barney, Jr. Both Davis and Barney are enrolled members of the Confederated Tribes of Warm Springs. While being sought by law enforcement, Barney later voluntarily surrendered to the Warm Springs Police Department and provided the alleged murder weapon to the police.

“Sadly, violent crime in Warm Springs occurs far too often,” said U.S. Attorney Dwight C. Holton. “The U.S. Attorney’s office is committed to working with Warm Springs’ law enforcement and the community to bring perpetrators to justice.”

The Warm Springs Police Department and FBI are investigating the case. Assistant U.S. Attorney Craig Gabriel is handling the criminal prosecution.