A man who was intoxicated and masturbating to pornography when he drove a stolen car through the crime scene tape surrounding the homicide of a teen-age boy last year will not have to register as a sex offender.

Judge Michael McShane said Friday that he thought mental illness -- not sexual motivations -- led Kevin Signalness to a new low on April 18, 2011.

That's the night several police officers saw Signalness, 41, plow into the area they had cordoned off to investigate

When one of the officers confronted Signalness about his masturbation and the pornography on the front passenger seat, Signalness reportedly replied "You caught me red-handed."

Signalness had a blood alcohol level of .02 percent, well below the legal limit of .08 percent. But Signalness also admitted to using methamphetamine and marijuana.

In September, he pleaded guilty to and was convicted of driving under the influence of intoxicants and unauthorized use of a motor vehicle. He also was found to be in violation of his probation for a 2009 car-theft conviction. He was sentenced to three years of probation and 1 1/2 years in prison -- of which he served 11 months before he was released.

Signalness also pleaded no contest in Multnomah County Circuit Court to felony public indecency, and Friday the judge was asked to decide the final condition of Signalness' sentence: Whether Signalness should have to register as a sex offender.

Prosecutor Jeff Auxier noted that a mental health expert who evaluated Signalness found that he is at moderate to high risk for re-offending with a new sex crime. Defense attorney Rachel Philips said the evaluation was flawed, and that her client shouldn't have to register as a sex offender especially because the events of that April night didn't involve touching any victims.

The judge allowed Signalness to withdraw his public-indecency plea, and dismissed that charge. Doing so means Signalness won't be required under Oregon law to register as a sex offender.

The judge remarked on how Signalness has drastically changed since his arrest -- from someone who couldn't carry on a conversation to someone who spoke coherently and looked healthy. McShane commended Signalness for sticking with drug treatment.

"When you're on your meds and you're off drugs, it's clear to me you're really a decent person," McShane said.

Signalness appeared overcome with gratitude. He bowed his head and thanked the judge.

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