The Washington County district attorney's office dismissed charges against Michael Medill, the 66-year-old Gaston man who was cited for posting homemade signs at Hagg Lake following the drowning of four family members there.

Explaining the decision, Chief Deputy District Attorney Roger Hanlon cited Medill's intention of promoting public safety and the fact that not much damage was done in the first place.

"The actual physical damage to any trees and wood posts was minimal," Hanlon wrote in the decision released Wednesday afternoon. "Three County employees at the Parks Department spent an hour and a half to remove all of the signs at a cost of approximately $300…There clearly existed probable cause to cite Mr. Medill for Criminal Mischief in the Second Degree. However, Mr. Medill's actions appear to have been motivated by a recent tragedy at the lake."

In a media release, County officials also unveiled several new safety measures: Additional life-vest borrowing kiosks, a "watch card" program to encourage adults to monitor swimmers and new maps showing recommended swimming and boating areas, which will be distributed at the park's fee station and at a road-side display near the main entrance.

As of Wednesday evening, Washington County had posted five new warning signs near the Sain Creek Swimming Area at Hagg Lake. Officials are introducing several new water safety measures in response to the drowning of four family members there last month.

As of Wednesday evening, the county had posted five permanent signs warning of a steep underwater drop off near the Sain Creek swimming area where the drownings occurred.

In a phone interview, Medill said he is glad the charges were dismissed, but added would have like the opportunity to explain his actions to a judge.

"What needs to happen is the superintendent of parks needs to be fired," Medill said. "This is a first step. The next step is to get somebody more competent running the park."

Medill invited several metro-area news organizations to capture video and photos as he put up eight warning signs at Hagg Lake on Saturday, with the goal of attracting attention from law enforcement and park officials.

Sheriff's deputies, who had asked Medill not to put up the signs in the first place, cited him for second-degree criminal mischief — a Class A misdemeanor carrying a maximum of $6,250 in fines.

The decision to dismiss the charges came at the request of Washington County administrators, who wrote a letter to District Attorney Bob Hermann on Tuesday.

"We recognize this was a unique circumstance and that Mr. Medill's actions were motivated by the tragic incident at Hagg Lake and his intent was to perform a public service," Alan Rappleyea, an attorney who represents Washington County, wrote in the letter. "We also recognize that our Park Manager and our Deputy were doing their duty in protecting park property and enforcing the law when this citation was issued."

Although the Washington County Board of Commissioners supported the decision, leaders offered a much harsher assessment of Medill's actions. On Tuesday, Chairman Andy Duyck, accused him of "grandstanding" to get media attention.

"He was not so much interested in safety as trying to make a statement," Duyck said.

Emergency responders recovered the bodies of Jova Ixtacua-Castano, 42; Gabriela Garcia-Ixtacua, 25; her son, Jeremy Scholl, 3; and Michael Garcia-Ixtacua from the lake on August 25 and August 26.

Although there were no witnesses, authorities believe the drowning occurred when at least one member of the family began struggling in the water near Sain Creek — within 75 feet from a free life jacket kiosk — causing the others to jump in to help. Authorities believe one drowning likely led to the other three.

"We are taking a comprehensive look at everything associated with water safety at Scoggins Valley Park since last month's tragedy," Washington County Parks Superintendent Todd Winter said in a statement. "In discussions with our partners at first-responding agencies, we know that additional signage may be helpful, but that we should not think of signs as the sole solution. Ultimately, the use of life vests and basic water-safety practices are critical."

-- Ian K. Kullgren

Samantha Swindler of The Oregonian staff contributed to this report.



Update: The Washington County Sheriff's office said Wednesday it never issued Medill a $5,000 fine. A sheriff's deputy accidentally wrote an incorrect amount on the citation. As a result, the erroneous figure was published in several previous Oregonian reports.

