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The felony case against a woman caught driving a hot-wired car ended late last month — not with the bang of a gavel, but the fizz of a soda.
Peter Higginbotham, whose 1996 Toyota Camry disappeared from the streets of South Portland last year, agreed to drop the case in an unusual example of what’s known as a civil compromise — where the victim of a crime and a criminal defendant work out a deal on the side.
If a judge approves, all charges are dropped without a conviction.
Higginbotham agreed to accept a bottle of Baja Blast Mountain Dew as enough to fully resolve the criminal case.
The 30-year-old programmer says he was only staying true to the jokey bumper sticker that adorned his stolen ride: “The book value of my car is one Baja Blast.”
There was only one problem with the deal.
“I didn’t really like it. I’m not a big soda guy,” Higginbotham said in a Wednesday interview. “It was a little citrusy. A little bit pineapple-y. Maybe it’s better if you’re actively eating a taco.”
Higginbotham says he made out just fine, as his car was “dew” for more than a few repairs.
Over 10 years of ownership, he’d already replaced the Toyota’s engine and radiator after various misadventures, which left the sedan in perfect condition… except for the coolant leak, squealing brakes and worn out suspension.
In December, Higginbotham decided to rent a more reliable ride while traveling with his roommates to Maupin. The car was gone when he returned Dec. 23.
On Jan. 10, a Portland police officer noted the blue sedan speeding out of a WinCo supermarket on Northeast 102nd Avenue and pulled over the driver, Chezarae Walter.
She was charged with unauthorized use and possession of a stolen vehicle, both felonies.
The car was declared totalled by his insurance, which paid out about $1,700, according to Higginbotham. He said he prefers riding his motorcycle or taking public transit while in the city, and he has since purchased a new car.
“I had to do a bunch of paperwork, but you get through that, and then there’s nothing else,” he said. “I didn’t particularly want to see somebody go to jail for this.”
Higginbotham said it took a few days to finish sipping the Baja Blast, but he’s held onto the bottle, a reminder of the time justice was served carbonated.
The case was formally resolved Sept. 26. Practically the first words out of Multnomah County Circuit Judge Jeffrey Auxier’s mouth were, “You worked out a smoking hot agreement!”
Prosecutor Jacob Rhoads asked the judge not to approve the civil compromise, calling the resolution “not appropriate” and noting that the woman had prior property crime and theft convictions.
Walter, now 33, told Auxier she had struggled with drug use but has since moved back in with her dad and was spending her time looking for work and taking care of her daughter.
Her defense attorney, Jack McRory, didn’t respond to a request for comment.
“The bottom line is the victim in this case doesn’t want this to proceed, and I’ve heard enough to be satisfied that you are on a path in life that has potential,” Auxier said in court. “The state has enough cases to prosecute.”
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