Judge gives Julie Anne Hubeny 5 years prison for her participation in a case that was related to the SWAT death of young Sam Mullane up Ten Mile
Judge Sheryl Bachart sentenced Yachats resident Julie Anne Hubaney to five years in state prison Thursday for participating in a series of events May 10th that led to the beating of Sam Youngblood of Yachats. Hubeny was given the five years for, as Judge Bachart noted, bringing a gun to the scene and menacing Youngblood. Her son Matthew Hubeny was sentenced earlier this year to over three years in prison for assaulting Youngblood with a table leg. Co-suspect Justin Wood was charged with unlawful use of a weapon, menacing and tampering with evidence.
Hubeny’s lawyer David Beal suggested to the judge that a five year prison sentence did not match the crime since Hubeny never pointed the gun at anyone, which investigators claimed happened and was therefore erroneously reported in the news media. Judge Bachart said the unlawful use of a gun is a serious offense and that by merely bringing the gun to the scene Hubeny accelerated the course of events that led to the beating of Youngblood.
Hubeny was led away by sheriff’s deputies to the county jail where she will be prepared for transport to a state womens’ prison.
Outside the courtroom Beal said Hubeny will appeal her sentence on grounds that the sentence does not match the circumstances, adding again that his client never aimed her gun at anyone. He also said Hubeny will be appealing her conviction.
Three weeks later, the Oregon State Police SWAT team surrounded a home up Ten Mile Road just over the Lane County line, south of Yachats. SWAT was told that two suspects in the Youngblood beating, Matt Hubeny, Julie Anne Hubeny’s son, and Justin Wood, were hold up in the house of Sam Mullane, 18. The SWAT team arrived at Ten Mile and Highway 101 at around 11pm and began their attempt to serve a search warrant to apprehend Hubeny and Wood. But as they began to surround the house, Mullane emerged from the front door holding a long rifle, pointed in the air. He called out, asking who is out there? SWAT responded ordering the young man to drop his rifle. Instead, they said, Mullane turned around and headed in a direction that would put him behind an outbuilding while the SWAT team had no cover to run to. They said Mullane continued walking while SWAT again told him to stop and put down his rifle. SWAT said it was at that moment that they considered the possibility that Mullane would get cover behind the outbuilding and be able to open fire on several officers who still had nothing to provide them cover. They opened fire on Mullane. He fell to the ground, mortally wounded.
Meanwhile suspect Justin Wood ran out the back door and into the woods and escaped. Hubeny came out of the house and was arrested. A female was also inside, questioned and then released. Wood was captured two days later walking toward Yachats on a Forest Service Road.
An investigation by the Lane County District Attorney’s Office cleared the SWAT team members of any wrong doing, citing Mullane’s refusal to obey lawfully given orders to stop and lay down his weapon. The DA said Mullane’s non-compliance precipitated the SWAT team’s fear for their lives because Mullane continued to move toward cover, leaving them out in the open.