SH woman gets 58 months for vehicle thefts

Audrey Caro

Kimberly Mae Eller, 37, of Sweet Home, was sentenced Sept. 8 in Linn County Circuit Court to 58 months in prison for her role in three incidents of motor vehicle theft, the last involving a shoot-out between her husband and Sheriff’s deputies.

She pleaded not guilty to four counts of unauthorized use of a motor vehicle that stemmed from different incidents. A jury found her guilty in June of three counts. One was dismissed.

The first count was for an incident on Feb. 15, 2016 in which she was accused of unauthorized use of a motor vehicle, a 1994 Ford Ranger pickup truck that belonged to a business in Tangent. She was sentenced to 30 days in prison and to pay restitution to the victim in an amount which will be determined by the court within 90 days. Her driver’s license will be revoked for one year.

Charges were dismissed on a second count stemming from that incident.

The third count was for an incident on Feb. 29, 2016 in which she was accused of unauthorized use of a motor vehicle, a 2015 Kia Soul, which belonged to a business in Albany. Eller was sentenced to 18 months in prison and to pay restitution to the victim in an amount which will be determined by the court within 90 days. Her driver’s license will be revoked for one year. She will have 12 months of post-prison supervision.

Prison time for counts one and three will be served concurrently.

The 40-month sentence for the fourth count will be served consecutively. The fourth count was for an incident on March 25, 2016, in which she was the passenger in a stolen vehicle that her then-husband Brian Eller drove in a high-speed pursuit by Linn County Sheriff’s deputies. The chase ended in a field near the corner of Saddle Butte Road and Seven Mile Lane, south of Highway 34.

In addition to 40 months, Kimberly Eller was ordered to pay restitution to the victim in an amount which will be determined by the court within 90 days, her license will be revoked for one year and she will have two years of post-prison supervision.

In its judgment, the court cited use of a weapon and heightened threat of harm to law enforcement officers, as aggravating or mitigating factors to sentencing.

Brian Eller was sentenced on March 21 of this year to 20 years in prison after being convicted of two charges of attempted aggravated murder with a firearm, attempt to elude, recklessly endangering another person, and three charges of unauthorized use of a motor vehicle.

During the March 25, 2016 incident, both Ellers fled the car and ran toward an orchard.

A multi-agency investigation concluded that Brian Eller shot at Senior Deputy Ryan Keys. Deputy Colin Pyle, who had tackled Kimberly Eller and dislodged her gun, fired at Brian Eller, who shot at both deputies and they returned fire, which resulted in injuries to Brian Eller.

Kimberly Eller is currently in Linn County Jail.

She faces nine other charges in Lane County Court for separate incidents.

She faces one count of unauthorized use of a vehicle, a Honda Accord, on or about March 19, 2016.

She faces six counts of unauthorized use of a vehicle on or about March 20, 2016: a Chevy pickup with camper, a Chevy van, a dump truck, a forklift and a Chevy pickup.

Eller faces one count of first-degree criminal mischief, for intent to damage property at a construction company in Eugene on or about March 20, 2016.

Eller faces one count of first-degree theft of personal property including, but not limited to, firearms and jewelry, of the total value of $10,000 from a residence in Eugene; and one count of first-degree aggravated theft of personal property, including but not limited to firearms and jewelry, the total value of $10,000 or more, from a residence in Eugene on or about March 20, 2016.

Her next hearing in Lane County Court is Oct. 5.

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