PORTLAND, Oregon - Multnomah County District Attorney Rod Underhill announced the filing of a six-count indictment against 16-year-old Aaron Lewis Criswell and 15-year-old Richard Jerome Rand for intentionally causing the death of 65-year-old Ricky Malone Sr.
Both juveniles are charged with one count of murder in the first degree with a firearm, two counts of murder in the second degree with a firearm, one count of robbery in the first degree with a firearm, one count of unauthorized use of a vehicle with a firearm and one count of burglary in the first degree with a firearm.
According to the indictment, both juveniles unlawfully, intentionally and knowingly caused the death of Mr. Malone using a 12 gauge shotgun.
On October 14, 2019, Criswell, Rand and a 14 year old juvenile all planned to commit a home invasion at a residence in the 10200 block of North Midway Avenue in Portland, Oregon, according to previously filed court documents.
The alleged home invasion was interrupted by the resident, which prompted the three juveniles to flee the area on foot, according to court documents. Law enforcement believes the group then encountered Mr. Malone who was nearby collecting cans and bottles.
According to court documents, when the group confronted Mr. Malone in the 10200 block of North Mohawk Avenue in Portland, Oregon, they demanded that he give up his vehicle, which was running nearby. When Mr. Malone refused, he was shot at close range in his chest.
Mr. Malone died on scene.
The three juveniles stole Mr. Malone's car and fled the area, according to court documents.
A 12 gauge shotgun was recovered as part of this investigation near the crime scene, according to court documents.
Under current Oregon law, at this point, both Criswell and Rand are being charged as adults under Ballot Measure 11, which only applies to juveniles who have reached the age of 15.
Law enforcement arrested the 14 year old and lodged him into the Donald E. Long Juvenile Detention Center in connection to this investigation.
With regard to the 14 year old suspect in this case, the Multnomah County District Attorney's Office is unable to provide the name, date of birth, the act(s) alleged in the petition, the names and addresses of the minor's parents/guardians, whether the youth is employed or in school, and/or the time and place in which the youth was taken into custody, pursuant to ORS 419A.255.
The family of Mr. Malone is requesting privacy at this time and does not want to be contacted by media. The Multnomah County District Attorney's Office is requesting media refrain from attempting to or actually contacting them.
Like in all criminal and civil matters, electronic copies of court documents, which are not subject to a protective order, are available to the public through the Oregon eCourt Information (OECI) system.
No additional information can be released by the Multnomah County District Attorney's Office at this time pursuant to the Oregon Professional Rules of Conduct.
An indictment is only an accusation of a crime. Criswell and Rand are presumed innocent unless and until proven guilty.
Both are scheduled to appear in court on November 1, 2019 at 2:15 at the Donald. E Long Juvenile Detention Center, which is where they are being held in custody.