The 33-year-old John Day man accused of shooting a Eugene man at the Dixie Campground on Oct. 16, 2017, has agreed to a plea deal.
Kevin J. Rapp was initially charged with attempted murder, first-degree assault and unlawful use of a weapon. He was also charged with misdemeanor possession of methamphetamine.
In the plea petition accepted by Malheur County Circuit Court Judge Lung Hung Aug. 13, Rapp pleaded guilty to first-degree attempted assault, a Class B felony with a stipulated sentence of 85 months, and unlawful possession of methamphetamine, a Class A misdemeanor.
The victim, Kyler Weisenback, was the lone camper at the campground east of Prairie City and was shot twice in the head with a .22 rifle, according to a statement from Grant County District Attorney Jim Carpenter. One shot grazed the back of his head, and the other entered near his right ear and lodged in the occipital area, damaging Weisenback’s eyesight, Carpenter said. The two men had never met.
In accordance with Carpenter’s recommendation in the plea agreement, Rapp’s credit for good time in prison would be limited to 20 percent, meaning he would have to serve at least 68 months in prison along with three years of post-prison supervision.
Rapp would also be required to pay restitution to Weisenback. The state agreed to waive other financial obligations, forgo prosecution for domestic violence crimes against Rapp’s wife, Mallory Rapp, and return property to Rapp’s family, including a vehicle and firearms.
The agreement is conditional — Rapp reserves the right to appeal a judge’s denial of motions to suppress evidence — and the judge is not obligated to honor it. If Rapp prevails in the appeal, he could withdraw his guilty plea.
Sentencing is scheduled for 8:30 a.m. Thursday, Aug. 23, in the Grant County Courthouse.
During a change of plea hearing on Aug. 14, in which Weisenback participated by telephone, the victim agreed to go along with whatever the state recommended, but said he believed the sentence was light.
Weisenback was awoken in the early morning hours while camping last October and was shot. He was flown to Bend and then Portland for treatment.
Rapp was arrested four days later. In the plea agreement, Rapp stated that he “intentionally attempted to cause serious physical injury to Kyler Weisenback by means of a deadly weapon, to wit a .22 rifle.”