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Oregon Road Conditions & Cams Email Story to a Friend September 24, 2005 Repps’ civil suit thrown out By SARAH LEMON Mail Tribune Parents of murder victim Kerry Repp plan to appeal the dismissal of their civil suit against the city of Medford for its failure to answer Repp’s 9-1-1 call. Jackson County Circuit Court Judge Mark Schiveley issued an order Monday to dismiss Ron and JoeAnn Johnson’s $2.1 million suit against the city because their alleged emotional distress following Repp’s death did not arise out of physical injuries they suffered, as required by Oregon law. The Johnsons’ attorney, Kelly Andersen, said he will file a case with the Oregon Court of Appeals within 30 days. "Since the Johnsons themselves were not on that 9-1-1 call ... the judge ruled that even though the case is compelling ... the law does not yet go far enough to provide a remedy," Andersen said Friday. Facts of the case are not in dispute, Schiveley wrote in his opinion. Repp phoned 9-1-1 from her Central Point home the morning of her May 4, 2002, murder. She was shot at least once while sitting on the edge of her bed trying to call for help. Forensic analysts later found blood and pieces of her teeth on a cordless telephone hand set. The city’s Central Communications (C-COM) did not hold the line open or dispatch law enforcement to Repp’s house, where she was found dead later that day. Medford C-COM formerly provided dispatch services for the city of Central Point. Advertisement Testifying in last year’s trial of Repp’s husband, Gary Marvin Repp Jr., former dispatcher Celia Jones told the court she did not follow police department policy when handling the call. Dispatchers must either phone back if the caller doesn’t respond or send officers to the address. A jury in March 2004 found Gary Repp not guilty of his wife’s murder. He was the only one charged with the crime, and Jackson County District Attorney Mark Huddleston said there were no other suspects. Kerry Repp’s killer likely would have been apprehended at the scene if officers had responded as they should, her parents claim. Yet Schiveley’s opinion cast doubt on that assertion. "Unfortunately for Kerry Repp’s grieving family, their speculation about what the police might have been able to do in identifying and prosecuting their daughter’s killer, what a jury hearing that ‘better’ murder case might have decided ... simply cannot support a cause of action against the City and its 9-1-1 operation," the judge wrote. While local Circuit Court judges cannot circumvent state law, the Court of Appeals has the discretion to rule outside of it, possibly deciding if current statutes applying to the Johnsons’ case are still valid, Andersen said. Reach reporter Sarah Lemon at 776-4487, or e-mail Repps� civil suit thrown out ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Student Loans Online Pharmacy tcg student loan consolidation Online Casino Reviews Myspace Home Equity Loans Windermere Van Vleet Deep Muscle Stimulator Discount Hotel Reservations Southern Oregon Loans Online Casino News Online Bingo Entertainment Guide Salvia Divinorum Online Casino Fundraisers Advertisement s