Public defender shortage delays Myrtle Creek murder case

Published 5:30 am Sunday, August 6, 2023

Allen Lloyd Swindler and Sierra Sioux Jennings have been charged in connection with the Myrtle Creek murder of Joshua Lynn Alexander, but neither have been able to have their day in court due to a public defender shortage.

Swindler, 36, is awaiting an attorney for his case on charges of second-degree murder, unlawful use of a weapon and felon in possession of a firearm in the death of 34-year-old Alexander. Swindler’s next court date is scheduled for Aug. 8.

Jennings was arrested July 26 on a charge of second-degree murder. She has appeared in court, but without an attorney the case is not moving forward yet. Jennings next court date is scheduled for Aug. 14.

The Oregon legislature approved a bill in June that would overhaul the public defender system. Oregon’s system is unique in the U.S. because it relies on contracted law firms and private defense attorneys, but due to the state’s relatively low wage and large workload the number of attorneys who want to participate in the system has been declining. The bill would increase pay for public defenders and reform the overall pay structure. It will also establish a trial division under a new Oregon Public Defense Commission that hires attorneys directly.

The overhaul of Oregon’s public defense system would cost tax payers an estimated $96 million. The bill went into effect July 13.

In Washington County a class action lawsuit was filed on behalf of people who are incarcerated while waiting for representation. The lawsuit claims they are unlawfully held and that charges should be dismissed, or that funds be made available so attorneys can be hired to represent these people. According to the Oregon Judicial Department there were 300 people in Washington County who were charged with crimes, but who did not have a public defender — 60 of those were in custody.

No such lawsuit has been filed in Douglas County, but those accused of more serious crimes often had to wait longer for representation. Uriah Carleton, who was charged with three counts of second-degree manslaughter, a parole violation and driving under the influence of intoxicants on Aug. 16, 2022, had to wait until October 2022 to get representation. A settlement conference is scheduled for Sept. 1 and a tentative trial is scheduled to start Oct. 10.

Swindler and Jennings are both facing second-degree murder charges, which will require attorneys with more experience.

On June 25, Alexander was found dead from a gunshot wound to the head in his vehicle on a gravel frontage road across from the intersection of Ravenswood Road and Yokum Road in Myrtle Creek. His death was ruled a homicide June 27.

Swindler was arrested July 10 on separate charges of second-degree assault, unlawful use of a weapon, violating a court’s stalking protective order, felon in possession of body armor, resisting arrest, first-degree failure to appear, three counts of fourth-degree assault and second-degree criminal trespass.

A player card for Seven Feathers Casino, belonging to Heather Strause, Alexander’s on-and-off partner, was found in his pocket at the scene, according to a detective. The casino found this player card was used around 1 a.m. June 25.

Strause told detectives Alexander had previously been in, or was trying to be in, a relationship with Swindler’s ex-girlfriend, 29-year-old Jennings.

Strause had been in relationships with both Alexander and Swindler previously, according to court documents. She said the two did not like each other because they had dated the same women at different times, according to the probable cause affidavit.

Alexander’s friends returned to Strause’s house after the casino because he said he would be meeting up with a girl, alleged to be Jennings, to sell his remaining cocaine, according to court records.

TikTok videos on social media from March show Swindler wearing a “LLC Diesel” baseball cap — with matching damage spots along the brim — as the one found at the crime scene, according to the affidavit. Several comments on the videos imply Jennings and Swindler were dating.

A text conversation between Swindler and Alexander on June 2 shows that they had “a very volatile relationship,” and “both individuals had reportedly made threats of physical violence toward each other at different times,” according to the affidavit.

On June 19, Jennings and Alexander exchanged text messages and explicit images with one another, and on June 21 they discussed meeting up to have relations in order to upset Swindler, according to a court document.

Jennings met with Alexander on June 25 at Seven Feather’s Truck and Travel so she could follow him to the location he was later found dead at.

According to the affidavit, “Her handset locations and times are consistent with the location Joshua Alexander was murdered, and was at that location for only a few minutes, before getting back onto I-5 northbound prior to going to her residences in Sutherlin, then to Allen Swindler’s residence.”

Video surveillance shows she had a passenger during that time, according to court documents.

The affidavit shows Swindler texted his daughter on July 9, that he shot someone and that things were “going downhill fast.”

On July 11, Jennings told detectives Swindler drove them to a rest area, where he then hid in the backseat. She intended to buy cocaine from Alexander, according to court records, and Jennings then drove them to the truck and travel area where she briefly exited the vehicle to talk with Alexander when he suggested she follow him to the frontage road.

Swindler remained hidden, he said he was concerned Alexander would not sell Jennings cocaine if he was there, and said he wanted to talk to Alexander. When they reached the frontage road, Jennings and Alexander spoke at his driver-side door, Swindler approached his vehicle and shot Alexander one time, according to the affidavit. Jennings said she did not know Swindler had her gun or that he was going to shoot Alexander.

Between June 29 and June 30, Swindler and Jennings exchanged text messages alleging Swindler was going to buy a new gun barrel for the suspected murder weapon, according to court records. But after getting into an argument, Swindler allegedly threatened to not order it and to “take her down with him,” according to the affidavit.

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