Man convicted in 2017 manslaughter case could face retrial

Published 6:00 am Sunday, April 9, 2023

A Jackson County man who was convicted of manslaughter and unlawful use of a weapon in 2017 could face a new trial.

Bradley Robert Quillen, 33, was serving 10 years in prison after a jury found him guilty in connection with the shooting death of 23-year-old Miguel Angel Delfin on April 1, 2016, following a fight outside a 7-Eleven in Phoenix.

Quillen was ordered back to Jackson County after the Oregon Supreme Court’s decision last year that ruled nonunanimous jury verdicts are unconstitutional. Quillen’s convictions were vacated because the jury was not unanimous, voting 10-2 to convict.

Patrick Green, the current prosecutor on the Quillen case, noted in an email Friday he was not the prosecutor in the 2017 trial, so he is evaluating his next steps.

“Whether or not the case will be tried again … is a difficult question to answer,” Green wrote. “As with any criminal case, there are many factors for why or why not that may happen, including that a criminal defendant ultimately has the final say on whether they want a trial or to resolve the case in some other way.”

Christine Herbert — who was Quillen’s defense lawyer during the 2017 trial — is in wait-and-see mode regarding the district attorney’s decision, she said.

“I don’t know what the D.A. has in mind, and am anxious to find out,” Herbert said in an email. “If the ‘deal’ is ‘no deal’ (he continues to serve 10 years), then we will go back to trial. We shall see.”

Referring to the circumstances of Quillen’s case, Herbert added, “He always had a valid self-defense claim.”

Herbert and prosecutors agreed that Quillen — along with his friend, Adrian Rodriguez — got into a fight with Delfin. The young victim had a large rock with him, which was used as evidence at trial, according to news reports at the time.

Prosecutors argued Delfin was retreating when Quillen fired a .22-caliber pistol and killed him. The medical examiner testified that Delfin’s right arm was down and the rock was in his pocket before the shot was fired. Prosecutors suggested Quillen didn’t have to kill Delfin.

At trial, Herbert argued that Quillen acted in self defense because Delfin refused to stop fighting and menaced the defendant with the rock. The deputy medical examiner testified that although he had not dealt with homicides from a thrown rock, “the potential for lethal injury, or certainly significant injury, exists,” according to news reports at the time.

During a bail hearing held Thursday, Herbert asked Judge Jeremy Markiewicz to reduce Quillen’s bail from $1 million to $500,000, though she said she is certain he won’t be able to post the minimum 10% to be released.

Quillen is the third defendant in Jackson County to be sent back to the area from prison as a result of the Oregon Supreme Court’s decision.

The first was Brandon Lee Gillespie, who was released from prison in March after serving more than 15 years in prison. Gillespie was sentenced in 2007 to 26 years after a jury of 10 women and two men convicted him 11-1 on five charges, including aggravated attempted murder, first-degree robbery and first-degree attempted assault after he robbed a Purple Parrot in Medford.

The second defendant was Robert Obyrne Quinn, 71, who was released back to his native Reno, Nevada, and ordered to serve three years of post-prison supervision. Quinn was convicted of stabbing Jerry Dickerson and Adriana Rivadeneira Sept. 19, 2016, in Ashland’s Lithia Park. Prosecutors decided not to retry Quinn on two charges that were nonunanimous, and instead considered his sentence served on a single assault charge on which he was unanimously convicted.

The Jackson County District Attorney’s Office has estimated that close to 20 defendants convicted in Jackson County are impacted by the high court’s decision. Heckert said her office is still working to decide how each case will be handled.

Quillen has a hearing scheduled for Monday, April 17, before Circuit Court Judge Timothy Barnack.

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