William “Chris” West and Jason Oei, the owners of the Astoria marijuana processor that blew up in October, were indicted Friday in Clatsop County Circuit Court on charges of felony assault and misdemeanor reckless endangerment.
District Attorney Josh Marquis said in his indictment that West and Oei had “unlawfully and recklessly, under circumstances manifesting extreme indifference to the value of human life,” caused serious physical injury to Jacob Magley, a worker at the facility who suffered burns in the explosion, by means of the dangerous weapon butane.
Marquis said the two men also created a substantial risk of serious injury to others.
West, 41, and Oei, 44, co-own and operate Higher Level Concentrates, a marijuana processor in the Uniontown neighborhood. An explosion in October rocked the basement they rent from Richard Delphia, gutting the facility and damaging a space rented by Sweet Relief Natural Medicine upstairs.
Magley was sent to a burn unit in Portland for multiple weeks and is suing the two men in Multnomah County Circuit Court for premises liability and violations of the Oregon Safe Employment Act. Magley’s attorney claims West and Oei were making and “dabbing” butane hash oil, which touched off the explosion.
Oei and West, via video teleconference from the Clatsop County Jail, were each charged with one count of second-degree assault, a Class B felony worth up to 10 years in prison, a fine of up to $250,000 or both. Second-degree assault carries a mandatory minimum of at least 70 months imprisonment under the state’s Measure 11 law for major crimes.
The pair were also charged with one count of third-degree assault, a Class C felony worth up to five years in prison, a fine of up to $125,000 or both; and four counts of recklessly endangering another person, Class A misdemeanors each worth up to one year in jail, a fine of up to $6,250 or both. The reckless endangering charges, according to Marquis, relate to the risk that fire and other emergency personnel were exposed to when they responded to the explosion.
“This is not a drug case,” Marquis said during the arraignment. “This is a case of reckless assault.”
West and Oei’s attorney, Macon Benoit, requested conditional release. Marquis said the two men were arrested Friday morning and posed flight risks because of the nature of their business. He requested $250,000 bail.
Oei said he still lives in Astoria and works part time canning at Buoy Beer Co.
“Our company’s not running any more,” Oei said of Higher Level Concentrates. “The building has been condemned.”
Circuit Court Judge Steven Reed denied the release request and set West and Oei’s bail at $250,000 apiece. The two men are scheduled for an early resolution conference later this month.
Marquis, in a statement, said Higher Level Concentrates was authorized by the Oregon Health Authority without an inspection. The district attorney said he believes his indictment is the first state prosecution of a licensed butane hash oil facility involved in an explosion.
The state Occupational Safety and Health Administration has fined Higher Level Concentrates $5,300 for workplace safety violations.
Magley is also suing Sweet Relief, a marijuana store, for premises liability; property owner Delphia and several of his companies for premises liability and violations of employment law; and two companies owned by local cigarette and marijuana store financier John Harper for employer liability law, products liability and general negligence.
Delphia is attempting to have the civil case moved from Multnomah to Clatsop County.
