The prosecutor criticizes the “leniency” of Oregon law to protect a man convicted of murdering and raping a girl

WASHINGTON COUNTY Oregon (KPTV) – An 18-year-old sentenced to life in prison this week for the rape and murder of a 13-year-old girl may be able to be released from prison in less than a decade.

That’s because he was only 16 years old at the time of the murder and is therefore protected by Oregon state law.

That’s drawing criticism from a Washington County prosecutor who says even Presiding Judge Menchaca was surprised to learn of the impact of Senate Bill 1008, passed five years ago.

Now, Assistant District Attorney John Gerhard feels a violent criminal isn’t getting the punishment he deserves.

“Because of the crimes he committed, he should spend the rest of his life in prison,” demanded Gerhard, who prosecuted this case.

Daniel Gore was convicted of the 2022 murder and rape of 13-year-old Milana Li in the Murrayhill neighborhood of Beaverton. According to authorities, he lured her to a wooded area where he “brutally” attacked her and left her body in a stream.

Gore was 16 at the time but was deemed fit to be tried in adult court given the seriousness of the crimes.

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Gerhard said he demonstrated sophistication and adult skills. Nevertheless, he benefits from a law for young offenders passed in 2019.

“I mentioned to the judge that the court should not give him any more breaks in his sentence because he will already get more than he deserves,” says Gerhard.

The bill, passed in response to Measure 11’s requirements to move 15- to 18-year-olds charged with certain crimes into adult court, was hailed by local jurisdictions such as Multnomah County as “a new era” for celebrated the juvenile justice system. It is intended to provide protection for minors in Oregon who have been convicted as adults.

Gerhard said that while he is sure Bill 1008 was passed with good intentions, in this case it misses its mark.

“This defendant demonstrated adult dexterity; he should face adult-like punishment,” Gerhard said of Gore.

In the case of Gore, Bill 1008 does two things.

Although the judge imposed the maximum sentence of life in prison with parole eligibility after 30 years, Gore is eligible for parole after 15 years. He’s already served two years, so he has 13 years left.

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Bill 1008 also allows for a “second look,” in which juvenile offenders can go back to a judge and request to serve a prison sentence under conditional discharge.

“It’s basically like being on probation, but they’re accumulating time toward their sentence while they’re out of custody,” Gerhard described.

Essentially, this could lead to Gore becoming part of the community again in as little as seven and a half years.

“This case is about a terrible crime that happened to a 13-year-old girl who spent the last moments of her life traumatized by a sexual assault and then ended her life in this way,” says Gerhard. “It is not the case that such leniency should be granted to the defendant who has been found to have the adult culture and maturity of an adult.”

In court, prosecutors called Gore a “wolf in sheep’s clothing.”

“There are certainly cases in which young defendants should be given a second chance, but this is not one of them,” says Gerhard.

Gerhard hopes the Oregon Legislature recognizes this case and changes the law to either limit protections to certain crimes – excluding, for example, murder and first-degree rape – or give the judge more discretion.

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