CANBY, Ore. – What began as a minor infraction over a seatbelt violation spiraled into a courtroom confrontation, a physical struggle, and ultimately a jail sentence for a former Southern Oregon resident.
Tracy Wayne Hevern, 63, once of Bly, Oregon and now living in Texas, was convicted in Clackamas County Circuit Court of Resisting Arrest and Disorderly Conduct in the Second Degree. His conviction followed a heated courtroom exchange that escalated far beyond the original traffic citation.
A Seatbelt Ticket Sparks Defiance
The case stems from an incident on August 23, 2022, when Hevern appeared before Canby Municipal Court to contest a seatbelt ticket. He readily admitted he had not been wearing a seatbelt but launched into an argument claiming that the law itself was unconstitutional.
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According to Clackamas County News, Hevern argued that if children on school buses are not required to wear seatbelts, then adults should not be forced to do so either. Judge Ann Lininger listened to his objections but reminded him that his grievance was a legislative issue, not a judicial one. She suggested he take his concerns to Oregon lawmakers.
When the court ruled against him, Hevern grew louder and more combative, raising his voice in protest. His continued outbursts prompted the judge to increase his fine.
Courtroom Confrontation Escalates
As Hevern exited the courtroom, he hurled accusations at Judge Lininger, claiming she was “on the take.” The remark crossed a line, and Lininger ordered him back before the bench.
What followed was a standoff. When officers attempted to escort Hevern back inside, he resisted, leading to a struggle. The scuffle resulted in his arrest on additional charges of resisting arrest and disorderly conduct, transforming what could have been a minor traffic case into a criminal proceeding.
Conviction and Sentence
Hevern’s trial lasted just one day. After hearing testimony and reviewing the events that unfolded in the courtroom, Judge Lininger quickly found him guilty on both counts.
He was sentenced to five days in jail, a punishment that underscored the seriousness of his refusal to comply with court orders and law enforcement officers.
The conviction is another chapter in Hevern’s troubled legal history, which includes previous offenses in Arizona. In 2018, he was convicted of resisting arrest, and in 2019 he was found guilty of unlawful flight from law enforcement. These past convictions, combined with his actions in Canby, paint a portrait of a man frequently at odds with legal authority.
A Pattern of Confrontation
For prosecutors, the case illustrates a pattern in Hevern’s behavior — minor infractions escalating into confrontations due to his refusal to comply. What started as a seatbelt ticket became an altercation with the judge, a clash with officers, and a jail sentence.
Legal experts note that while citizens are free to challenge laws they disagree with, the proper channels are through legislation and appeals, not disruptive behavior in court.
Lessons From the Case
The incident serves as a reminder of the importance of courtroom conduct. Disagreements with laws and rulings are expected in a democratic system, but disorderly outbursts and resistance to lawful arrest carry serious consequences.
For Hevern, those consequences included jail time and another conviction added to his record. For others, the case stands as an example of how quickly a minor violation can escalate into a criminal case if emotions override restraint.