Oregon murder conviction overturned

PORTLAND — A state appeals court yesterday overturned the murder conviction of a boy who set a fire that killed eight Mexican immigrants in 1996.

But the judges let stand his conviction on charges of criminally negligent homicide.

Ray DeFord was convicted in 1997 of arson and murder for the fire at a suburban Aloha, Ore., apartment complex.

The boy, who was 11 at the time, confessed to setting the blaze by igniting a pile of newspapers. He was the youngest person ever found guilty of murder in Oregon.

The murder convictions were based on arson as the cause.

But to convict DeFord of arson, prosecutors argued that burning the newspapers destroyed property that met the legal definition of "any article, substance or thing of value."

The appellate court, however, ruled that old newspapers did not have enough value, and it overturned the arson convictions. The murder convictions, based on arson, were thrown out as a result.

The court also affirmed that DeFord's confession was voluntary, despite arguments that he was too young to agree to questioning and was impaired by limited intelligence.

DeFord had been sentenced to state custody until he turns 25. The case was sent back to the trial judge to amend the order committing DeFord to a juvenile facility.

A spokesman for the Oregon Attorney General's Office said DeFord will remain in state custody until age 25, despite the appeals-court ruling.

District Attorney Robert Hermann was not available for comment, a spokeswoman said.