Kyron Horman, 7 years old PORTLAND, OR #1 6/5/10 - 6/30/10

[marycat]

Additional Info on Kyron's older brother I just found on a family history site:
http://www.dakotadirksens.com/books/AbrahamToews_AgFalk_400317.pdf

Gregory James McCullough, born 3 May 1969
married 15 Oct 1993 , Medford, OR to Desiree
Davidson, born 29 Apr 1972

Quinnlan Kincaid McCullough, born 3 Oct
1994

[pamomma]

http://www.oregonlive.com/portland/index.ssf/2010/06/classes_close_at_skyline_schoo.html
Brandon Roy comforts students at Skyline School with Kyron Horman still missing
June 15, 2010

Brandon Roy, an All-Star guard for the Portland Trail Blazers, shares hugs at Skyline School today during an assembly. He was one of a few people giving motivational talks.

Classes ended at Skyline School  in Northwest Portland today on a bittersweet note without Kyron Horman, the 7-year-old who vanished from the school 11 days ago.

"I'm disappointed the year is over already because I think the kids need each other right now," said Beth Smith, walking onto school grounds to pick up her 12-year-old daughter, who was Kyron's reading buddy.

"She's still scared," Smith said. "Her whole security has been taken away from her."

Smith said her daughter, a sixth-grader, is worried that the person who snatched Kyron could return to the school.

"She said from the get-go he didn't just walk off," Smith said. "He's a quiet boy. He follows the rules. He listens. He loves his family."

His disappearance has cast a pall over the elementary school like the shroud of gray clouds that hammered it today with hail. Still, teachers, staff and parent volunteers tried to end the school year on an optimistic note with a mid-day school assembly planned long before Kyron went missing the morning of June 4.

"The overall message was to celebrate the entire school year while recognizing it had been a difficult last week and a half," said Matt Shelby, spokesman for Portland Public Schools, who was on hand for the last day of classes.

With reporters kept off school grounds, everyone gathered for the assembly, which was opened by Principal Benjamin Keefer, who said everyone was wishing for Kyron's safe return. Nate McMillan, coach for the Portland Trail Blazers, talked about the importance of taking responsibility and staying safe over the summer, and Brandon Roy, an All-Star guard for the Blazers, gave his own motivational talk.

The assembly also included a speech by the recently signed goalkeeper for the Portland Timbers soccer team, Adin Brown, and a performance by pianist Michael Allen Harrison, an artist-in-residence for Portland Public Schools.

The mood was generally upbeat both before and after, with kids playing and laughing on school grounds, Shelby said.

"It was good to see the students being kids," he said.

But Kyron's disappearance continues to haunt the K-8 school on a day when law enforcement plumbed leads and divers were sighted suiting up on private property in Northwest Portland.

Smith said she has no plans to pluck her daughter from the school that she and her two brothers graduated from.

She still lives in the house nearby where she grew up.

"We trust the school," Smith said. "I know Mr. Keefer is devastated and heartbroken. He knows each of these kids and their interests. We need to let him know we're behind him 100 percent."

I hope this assembly wasn't open to the public...I hope the teachers did an actual head count before during and after this assembly....I understand the need to end the year on a high note and that this was planned well before Kyron went missing, but I think as a parent, the thought of another large assembly like this would make me completely sick to my stomach.  I hope the school has better methods in place now to keep track of and monitor the students. 

[pamomma]

Nice work Marycat...I'd say you are right on the head.  A search of Facebook brought up 13 people under "Quinn McCullough"  and only one had a picture of Kyron as their profile picture...and his page is completely set to private.  The others all had home towns listed or ages that didn't match up.
http://www.facebook.com/home.php?#!/profile.php?id=100000439598968&ref=search

[klaasend]

http://www.oregonlive.com/news/index.ssf/2010/06/st_helens_police_arrest_man_ac.html

St. Helens police arrest man accused of trying to kidnap boy

Published: Wednesday, June 09, 2010, 6:52 PM     Updated: Wednesday, June 09, 2010, 7:05 PM
Aimee Green, The Oregonian Aimee Green, The Oregonian

St. Helens police have arrested a 36-year-old homeless sex offender who they believe tried to abduct a fifth-grade boy Tuesday.

Police chief Steve Salle  said his investigators started talking Wednesday to the FBI to determine if this case is connected to the disappearance of 7-year-old Kyron Horman from Skyline School last Friday.

"There's nothing that says that it's connected, but there's nothing to say that it isn't," Salle said, adding that attempted child abductions in his city are "not common at all."

The St. Helens boy was walking home from Lewis & Clark Elementary School when a man walking behind him grabbed him. The boy turned around, slapped the man's hands and ran home. While running, he looked back in time to see the man walk down Columbia Boulevard, cross at Seventh Street, and disappear out of sight.

The boy described the man to police. One of the boy's neighbors, who was driving by shortly before the attempted abduction, also offered a description of the man, Salle said. The neighbor had seen the man walking behind the boy, apparently shortly before the incident.

Police asked for the public's help in finding the man, and a short while later, arrested Tony Phipps after a city public works supervisor spotted him. Phipps was booked in Columbia County Jail under suspicion of attempted kidnapping, harassment and violating his post-prison supervision.

His criminal history includes convictions for third-degree sodomy in 1998, contributing to the sexual delinquency of a minor in 2000 and failing to register as a sex offender in 2003, 2006 and 2008.

[pamomma]

http://www.oregonlive.com/news/index.ssf/2010/06/st_helens_police_arrest_man_ac.html

St. Helens police arrest man accused of trying to kidnap boy

Published: Wednesday, June 09, 2010, 6:52 PM     Updated: Wednesday, June 09, 2010, 7:05 PM
Aimee Green, The Oregonian Aimee Green, The Oregonian

St. Helens police have arrested a 36-year-old homeless sex offender who they believe tried to abduct a fifth-grade boy Tuesday.

Police chief Steve Salle  said his investigators started talking Wednesday to the FBI to determine if this case is connected to the disappearance of 7-year-old Kyron Horman from Skyline School last Friday.
"There's nothing that says that it's connected, but there's nothing to say that it isn't," Salle said, adding that attempted child abductions in his city are "not common at all."

The St. Helens boy was walking home from Lewis & Clark Elementary School when a man walking behind him grabbed him. The boy turned around, slapped the man's hands and ran home. While running, he looked back in time to see the man walk down Columbia Boulevard, cross at Seventh Street, and disappear out of sight.

The boy described the man to police. One of the boy's neighbors, who was driving by shortly before the attempted abduction, also offered a description of the man, Salle said. The neighbor had seen the man walking behind the boy, apparently shortly before the incident.

Police asked for the public's help in finding the man, and a short while later, arrested Tony Phipps after a city public works supervisor spotted him. Phipps was booked in Columbia County Jail under suspicion of attempted kidnapping, harassment and violating his post-prison supervision.

His criminal history includes convictions for third-degree sodomy in 1998, contributing to the sexual delinquency of a minor in 2000 and failing to register as a sex offender in 2003, 2006 and 2008.

I pray this man isn't the one responsible for Kyron's disappearance...the thought of that adorable, happy, precious child spending his last moments with a monster like that makes me sick to my stomach and brings tears to my eyes. 

[jill]

current inmate listing, Columbia County jail:

http://www.co.columbia.or.us/sheriff/inmates/ICUD0111.HTM

[jill]

here's the sheriff website:

http://www.co.columbia.or.us/sheriff/

[jill]

"...The Columbia County District Attorney's Office reviewed the police reports, and determined it doesn't have the evidence to prosecute Phipps for attempted kidnapping, let alone any other felony, said deputy district attorney John Berg.  He said prosecutors would have to prove that Phipps intended to kidnap the boy. And although Berg said he couldn't go into details, evidence released by police indicates the man only grabbed at Cameron. He didn't, for example, drag the boy -- an act that would bolster an attempted kidnapping charge. ..."

June 10, 2010

http://www.oregonlive.com/portland/index.ssf/2010/06/mother_of_st_helens_boy_who_fo.html

[pamomma]

"...The Columbia County District Attorney's Office reviewed the police reports, and determined it doesn't have the evidence to prosecute Phipps for attempted kidnapping, let alone any other felony, said deputy district attorney John Berg.  He said prosecutors would have to prove that Phipps intended to kidnap the boy. And although Berg said he couldn't go into details, evidence released by police indicates the man only grabbed at Cameron. He didn't, for example, drag the boy -- an act that would bolster an attempted kidnapping charge. ..."

June 10, 2010

http://www.oregonlive.com/portland/index.ssf/2010/06/mother_of_st_helens_boy_who_fo.html

That is complete crap!  So the poor boy should have allowed himself to be dragged before running for help!  It's like "attempted murder" vs. "murder"...the only reason it's attempted is b/c the person lived/got away...not b/c the murder or kidnapper didn't intent to carry out the deed!  **BANGS HEAD**

Blink did comment on this guy as Kyron's potential kidnapper...page 2 of the comments, #7. 
http://blinkoncrime.com/2010/06/15/kyron-horman-missing-and-endangered-john-walsh-on-today-show-media-will-solve-this-case/

[jill]

"...The Columbia County District Attorney's Office reviewed the police reports, and determined it doesn't have the evidence to prosecute Phipps for attempted kidnapping, let alone any other felony, said deputy district attorney John Berg.  He said prosecutors would have to prove that Phipps intended to kidnap the boy. And although Berg said he couldn't go into details, evidence released by police indicates the man only grabbed at Cameron. He didn't, for example, drag the boy -- an act that would bolster an attempted kidnapping charge. ..."

June 10, 2010

http://www.oregonlive.com/portland/index.ssf/2010/06/mother_of_st_helens_boy_who_fo.html

That is complete crap!  So the poor boy should have allowed himself to be dragged before running for help!  It's like "attempted murder" vs. "murder"...the only reason it's attempted is b/c the person lived/got away...not b/c the murder or kidnapper didn't intent to carry out the deed!  **BANGS HEAD**

Blink did comment on this guy as Kyron's potential kidnapper...page 2 of the comments, #7. 
http://blinkoncrime.com/2010/06/15/kyron-horman-missing-and-endangered-john-walsh-on-today-show-media-will-solve-this-case/

yes, grabbing should be considered assault - but it looks as if there is zero evidence.

[Patricia Mocha Latte]

I have been following this case as much as possible also.
It is very disturbing to think that a Child could be taken from school property and that no one had suspected anything wrong.

I wondered if it were possible that maybe perhaps Kyron had gone back to the science fair area after his SM had left?

I am wondering also who was in the area of where the science fair had been staged at that time exactly?

If Kyron had gone back and say he were speaking to someone about his project would there have been any school employee who might have either been there or seen him there speaking to another person?

I wonder also if all of the school bus drivers have been questioned?
Had any of the school bus drivers left their buses while at the school?

Another thing is were there any type of altercation between the SM and anyone else that had occured at any time that morning?

I read this somewhere and I am not sure what it eludes to exactly but does anyone know what an old Whitaker home is supposed to be? Is this a specific home or specific type of home in this area?
tia

[jill]

I've been googling everyday - but haven't read anything that shows any progress at all in locating Kryon.

This case reminds me of the Annie Le case, at Yale.

[Wyks]

marycat ~ thanks for the hard work, and info.   

That must be Kyron's second older bro. One older bro from his biomom and one from his stepmom.  Curious as to why his having two older bros has been kept so quiet? 

The seeming secrecy about it is what caused me to pay attention.  Had they just said from the beginning that Kyron has two older brothers and a younger sister, when describing his family, I would have gone, oh cool.  How old and where were they, and then let that be that.  Wonder if they even realize that to keep such a thing so very quiet is to .. in and of itself .. draw attention to that?  <sheesh, shakes head>   

Seems that at least some of the time, Kyron got along with his two older bros.  Dancing around in the livingroom sounds very typical. 

According to the 'is it a rumor' discussion over at Kyron's facebook, there's a woman posting who knows the family, lives about a mile from Kyron's school, etc.  She seems to be posting there to help straighten out which are rumors, which are not, kind of thing. 

Anyway.. according to her (so take this with a grain of salt, not 'confirmed'
by anyone, how can we lest a parent says it on video I guess).... the 16 yr old brother tends to be a handful, (not 'bad' perse), giving Kyron's stepmom a difficult time, (and what typical 16 yr old doesn't, gah!!  lol).  Evidently, due to his 'lack of respect for her', stepmom sent her 16 yr old to live with gma & gpa.  This was about two weeks prior to Kyron having gone missing.  Have seen this talked about in other areas on the net, but not directly from a person who supposedly knows the family.  And in their posts, the 16 yr old was sent to gma's about two months prior.  I tend to believe the one posting in the facebook, as to the timing.  Small area of town, knows the family, and etc. 

Also mentioned by this person in facebook is that (despite what has been reported in the media), the 16 yr old at a scout campout that weekend could indeed have been reached with the news of Kyron's gone missing, long before he was (after the campout).... That it was a choice the stepmom made not to contact him with the news earlier on.  Take that info for what it's worth as well.  I can understand the reasoning behind several different ways of handling this. 

As for "rumors"... well.. my thinking is this.  Keep an open mind, realizing that it may be rumors, might not be.  Only time will tell.  In a lot of these cases, what we hear floating around turns out later on to have been very very true........ just not talked about so much, if at all, by the main players in a case.   

Questions (and other monkeys have asked some of these as well):
*Whose choice was it to send the 16 yr old to gma's?  Actually the stepmom?  Or someone else against stepmom's wishes? 
*Why send the 16 yr old to gma's so soon before the school year ends? Why not wait, since it was only a few more weeks? 
*Was there perhaps one or more events/attitudes etc that necessitated an immediate removal? 
*If so, who was this between, just the stepmom and 16 yr old, or did it include either Kyron/stepdad/stepsister as well? 
*How close was Kyron to the 16 yr old bro? 
*How did the move affect Kyron? 
*Did he understand the need, was he happy/sad/mad about the decision? 
*Did anything regarding his having gone missing, have to do with what happened prior with the 16 yr old? 
*Could Kyron's having gone missing been a retaliation of sorts (by someone, either in the immediate family or not) for the decision to move out the 16 yr old?  (as in.... you don't want one son living there you don't get to have the other either.. kind of thing). 
*How close was Kyron to his other bro, from his biomom? 
*Why haven't we heard one teensy thing from or about this young man?
*How did Kyron feel about his staying with biodad since birth, while another older bro evidently got to stay with biomom?  Any jealousy, hurt feelings between any of them re that? 
*If so... enough to cause Kyron to suddenly up and go missing? 
*If they were ALL such a "close, tight-knit family" (as has been reported in the news)... where are pics of them together as this loving family?  laffing, playing, vacays, birthdays, cookouts, holidays, and etc.?  Have seen one of Kyron and bro in a pile of leaves, that looked fun.  Where are the pics of Kyron with anyone with their arm/s around him, loving him, joking and playing around?........?????????? 

And so on and so on....

Perhaps none of this has anything to do with Kyron's having gone missing.  And yet... delving deeply enough for the answers, there might be a link up somewhere, somehow.  Not unheard of!! 

Sadly.

[no rose colored glasses]

Excellent questions Wyks, and also thank-you everyone for the updates. I'm probably wrong, but I just don't think this was some random SO, I'm tending to keep this in the family, either way it is horrible and I pray they find Kyron very soon.

[Tracygirl]

I am hoping they have a reason they are not holding this man. I wonder if they are following him? He commited an assult and given he is a SO? Would they risk that?

[no rose colored glasses]

I am hoping they have a reason they are not holding this man. I wonder if they are following him? He commited an assult and given he is a SO? Would they risk that?

It doesn't make much sense at all to me.

[jill]

I am hoping they have a reason they are not holding this man. I wonder if they are following him? He commited an assult and given he is a SO? Would they risk that?

and another thing:  he is not on the sex offender registry.  Not at all, that I've found.

[Itaryl Moosee]

Quite good and fair questions there, wyks.

I have seen pictures of the bio-father hugging and holding Kyron, and of the brother and him playing, laughing.

None of the SM hugging or holding him. Then again, someone had to hold the camera.

Maybe there are some, but I haven't seen any.

--------

Two cents about some of what people are saying.

1. IF Kyron got out of the school and was attacked by an animal, as some people have suggested, there would be evidence on the place where the attack occurred.

Even with the rain and hail of the past week, an attack by a wild animal would tear clothes and remove shoes or socks, and leave tissue and hair that can be recognizable for a long time. None of that (as far as we know) has been found.

2. About the science fair. People are questioning what car was used to bring the science fair project to school on Friday morning at 8:00am.

We have read statements in different media about Kyron placing his things on his seat and showing his mom his project on display. The project was already assembled that morning, meaning that it was put together some other day prior to that early morning viewing.

So, the car driven that morning may not have mattered much about being the right size to carry the science project, because it was already at school.

3. About police searching the house across the Horman's. It was stated in many news channels that homes in the area of interest around the school were to be searched.

If the owners gave permission, it was fair game. So, no biggy.

4. About the family turmoil, I would also want to know about the two brothers, since they are old enough to make sense and remember things. I think they can be of much help in clearing the family situations regarding both bios and steps.

If I remember correctly, TH got together with KH right about when Kyron was born... That right there is a sign that not all has been well.

[pamomma]

Here is a link to a bunch of pictures of Kyron, including some of their family.
http://s296.photobucket.com/albums/mm166/crankycrankerson/Kyron%20Horman%20%20-OR-/?start=0

this one makes me particularly sad...they just look so happy
http://s296.photobucket.com/albums/mm166/crankycrankerson/Kyron%20Horman%20%20-OR-/?action=view&current=kyronhalloween2009.jpg

if you click on the first link and go to pages 5 & 6, there are some family photos...all of Kyron with Dad, Stepmom,Little sister and sometimes big brother.   

If we are going to judge Stepmom for not being in enough pics with Kyron...then is anyone going to ask where the pictures are of him with his Birth mother?? Because I haven't seen 1 single picture of them together.

Not trying to sound critical of anyone...but we have all been judging SM for this and that...what about his Birth mother?  Why wasn't she at the science fair, or the talent show, where are the loving pictures of her with Kyron?  I read an article saying Dad and SM drove him to her house for visits...why couldn't she come to him?  I'm not suggesting she is responsible for his disappearance...I'm just pointing out that she does not appear to be very involved with Kyron, even less than his stepmother.

[JessStar]

I am hoping they have a reason they are not holding this man. I wonder if they are following him? He commited an assult and given he is a SO? Would they risk that?

It doesn't make much sense at all to me.

Hello everyone.  This is a great example of how the law has been slow to adapt to changing situations.  In just about every state (which the possible exception of Louisiana) crimes have either been codified versions of old English common law crimes or a codified version of the Model Penal Code.  The problem is, neither one of those, in my opinion, adequately address crimes like this or the one Phipps "attempted."  Remember, an "attempt" to commit a crime is an independent crime.  If you attempt to commit a kidnapping, you committed a crime.  If the "attempt" succeeds, you have a second crime (the completed kidnapping).  However, under our law, the "attempt" crime then merges into the "target" crime.

Every crime has a series of elements that must be proven beyond a reasonable doubt.  For kidnapping, the prosecution would have to prove all of the following elements:

      163.215 Definitions for ORS 163.215 to 163.257. As used in ORS 163.215 to 163.257, unless the context requires otherwise:

      (1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

      (2) “Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

      (3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 §97]

 
     163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:

      (a) Takes the person from one place to another; or

      (b) Secretly confines the person in a place where the person is not likely to be found.

      (2) It is a defense to a prosecution under subsection (1) of this section if:

      (a) The person taken or confined is under 16 years of age;

      (b) The defendant is a relative of that person; and

      (c) The sole purpose of the person is to assume control of that person.

      (3) Kidnapping in the second degree is a Class B felony. [1971 c.743 §98; 2005 c.22 §111]

 

      163.230 [Repealed by 1971 c.743 §432]

 

      163.235 Kidnapping in the first degree. (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes:

      (a) To compel any person to pay or deliver money or property as ransom;

      (b) To hold the victim as a shield or hostage;

      (c) To cause physical injury to the victim;

      (d) To terrorize the victim or another person; or

      (e) To further the commission or attempted commission of any of the following crimes against the victim:

      (A) Rape in the first degree, as defined in ORS 163.375 (1)(b);

      (B) Sodomy in the first degree, as defined in ORS 163.405 (1)(b); or

      (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b).

      (2) Kidnapping in the first degree is a Class A felony. [1971 c.743 §99; 2005 c.22 §112; 2009 c.660 §43]

So, as you can see, it takes a lot more under the law to obtain a conviction for attempted kidnapping than most people realize.