Oregon appeals court orders shorter sentence for SUV arsonist

2/14/2007 Oregon Live

By JEFF BARNARD
The Associated Press

GRANTS PASS, Ore. (AP) — The Oregon Court of Appeals on Wednesday ordered a shorter sentence for a man serving 23 years in prison after admitting he set fire to three sport utility vehicles to protest the contributions of gas-guzzling vehicles to global warming.

The appeals court sent the case of Jeff Luers of Eugene back to Lane County District Court for resentencing, saying the trial judge erred by imposing sentences on the arson and attempted arson counts consecutively, rather than merging them together.

Luers was convicted in June 2001 after he admitted setting an early morning fire at a Eugene car dealership in June 2000 that destroyed a pickup truck and damaged two other trucks. He did not admit to putting an incendiary device on an oil delivery truck in Eugene, but was convicted in that case, too, and sent to the Oregon State Penitentiary.

Luers' sentence gained widespread attention, with groups around the country raising money to help him. The city of Eugene's Human Rights Commission wrote a letter urging his sentence be reduced, noting similar crimes "have not been met with such harsh sentences."
His co-defendant in the case was sentenced to five years after agreeing to plead guilty.

Chief Deputy District Attorney Alex Gardner said the prosecution has not decided whether to appeal the ruling to the Oregon Supreme Court, but felt there were past rulings that would support that course.

A revised sentence under the Court of Appeals ruling could range from 11 years, four months to 13 years, two months, he added. Defense attorney Brian Barnes did not immediately respond to a message left at his office.

A self-proclaimed anarchist, Luers has denied being a member of the radical Earth Liberation Front, but acknowledged supporting the group's goals and tactics.

In recent months, 12 other people have pleaded guilty to federal charges they were part of an Earth Liberation Front cell based in Eugene that was responsible for 20 arsons around the West from 1996 to 2001. Sentencing in those cases is expected this spring, with prosecutors recommending terms of five to 15 years.