Silverton victim ended 11-year relationship with suspect

Update: Sept. 4, 5 p.m.

Cassandra Wagner had just ended an 11-year relationship with Jason Down when police believe he killed her Saturday in her Silverton home.

Wagner described years of walking on eggshells and going along with Down to avoid setting him off, according to the restraining order she filed July 21. He constantly threatened to hurt her if she didn't do want he wanted, she said, and at one point he tased her and recently shoved her face, leaving bruises.

At least two other women filed for protective orders against Down since 1996.

Original story:

The man suspected of killing a Silverton woman on Saturday was already on probation for assaulting his son and had been issued a restraining order to stay away from her.

Jason Clifford Down, 43, was convicted last year of a misdemeanor assault against his adult son and was sentenced to two years of probation. But in early August, Down violated a restraining order than had been placed on him by 50-year-old Cassandra Wagner — resulting in his probation being revoked and him being sentenced to 90 days in jail, said his attorney, Stephen Lipton.

But instead of serving that time in jail, Down was shifted to the work release center three days later, on Aug. 17.

On Saturday, he was granted a day pass by the center, allowing him to leave the minimum-security facility. Day passes are granted for one of three possible conditions — employment, treatment or a medical appointment. He left at 8 a.m. and was told to return at 6 p.m.

But that afternoon, he appeared at a home in Silverton, where police believe he killed Wagner.

The shooting in the 200 block of Olson Road was reported at 3:44 p.m., prompting a response from Silverton Police, the Marion County Sheriff's Office, Oregon State Police and the Woodburn SWAT team. A manhunt for Down ensued, but he wasn't apprehended until he appeared at Silverton Hospital, injured, at 6:30 the following morning.

Marion County Deputy District Attorney Matt Kemmy is assigned to the investigation. He said Tuesday that Down is currently at Oregon Health and Science University but he did not reveal details of Down's injuries.

When Down is released from the hospital, he will return to the Marion County jail to finish serving the sentence for the assault charge.

"I would expect any charges that come from this (incident) would be filed while he's still serving that sentence," Kemmy said.

How did Down, with the assault charge and restraining order, qualify for the work release program?

According to the Marion County Sheriff's Office, the county jail operates at a budgeted capacity of 415 beds, with an additional 144 beds at the work release center. Those beds have to service the more-than 13,000 inmates who stay in the jail over the course of a year.

"Every day, the jail uses a capacity management plan to determine which inmates remain lodged within the jail, which will be transferred to the work center, and which are released to our community," said the sheriff's office in a statement, sent to the Statesman Journal by Sgt. Don Parise. "The Marion County work release center is utilized as a transition center for inmates who have been sentenced or sanctioned, and will be returning to our community.

"The goal of the work center is to hold inmates accountable while ensuring they have supports in place to mitigate the risk of future criminal activity," the statement continued. "Without the work release center, these sentenced inmates would be released directly to our community without transitional planning or supports in place."

The capacity management plan helps jail staff determine whether inmates are placed in the jail or in the work release center. But an additional review process happens for inmates who are to be sent to the work release center, the sheriff's office said.

"This process includes risk assessments, classification information and analysis completed by our population review committee which is comprised of a jail counselor, lieutenant and work center sergeant," the sheriff's office said. "Pretrial inmates are not considered for transfer to the work center."

The statement from the sheriff's office called the events in Silverton "truly tragic," saying "our thoughts are with the families and the Silverton community."

It's unclear exactly what factors were considered when deciding to place Down with the work release program. Sgt. Parise declined to answer questions specific to Down's placement in the work release center, citing the open criminal investigation. He referred all questions to the District Attorney's Office.

"The Sheriff's Office must make release decisions each and every day," said the statement from the sheriff's office. "We are constantly evaluating our decision making processes to ensure the highest level of victim and community safety."

Reporter Joce DeWitt contributed to this report.

lfosmire@StatesmanJournal.com, (503) 399-6709 or follow at Twitter.com/fosmirel