QuickTake:

Eugene police arrested Joshua Margarito Saldivar three days after a Dec. 2 nighttime street assault. The assault was captured by surveillance video cameras, according to court documents.

A grand jury Wednesday, Dec. 17, returned an indictment charging 38-year-old Joshua Margarito Saldivar with second-degree murder in the assault and stabbing of an unhoused man in a downtown Eugene alley.

Douglas Eugene Beinhauer, 42, died Dec. 12, more than a week after the attack, police have said.

The assault took place at about 10 p.m. Dec. 2 near the junction of Oak and Broadway alleys, behind a business on the 900 block of Willamette Street, according to a search-and-seizure affidavit filed in Lane County Circuit Court.

On the night of the assault, police searched for a man described as fleeing on foot but officers did not arrest a suspect until three days later.

Eugene police on Dec. 5 arrested Saldivar, stating that he initially fled from patrol officers before being taken into custody in the 1300 block of West 17th Avenue. Saldivar continues to be held in the Lane County Jail.

Second-degree murder is considered intentional as defined in Oregon law. A conviction carries a penalty of life in prison and a minimum prison term of 25 years without the possibility of parole.

Saldivar pleaded not guilty to the charge in Lane County Circuit Court on Thursday.

A grand jury also indicted Saldivar on theft and burglary charges in connection with an alleged Dec. 5 theft of a bicycle. Saldivar has also pleaded not guilty to those charges.

The search-and-seizure affidavit describes Beinhauer being found unconscious with a head wound that left a portion of his skull exposed, as well as two cuts to his neck, each about 1 inch long. 

During surgery, doctors also amputated Beinhauer’s pinky finger, which the affidavit said was barely attached to his hand. The affidavit said that type of wound is commonly sustained when trying to defend from an attack.

Surveillance video

The search-and-seizure affidavit from Detective William Staggers-Seals described surveillance video from the city’s Overpark parking garage showing Beinhauer and a man later identified by police as Saldivar walking together about an hour before the assault, then Beinhauer lying down while Saldivar walked around the area.

At about 10 p.m., the surveillance video showed Saldivar standing over Beinhauer, according to the court filing.

“Beinhauer then got up from the ground and attempted to run south toward 10th Avenue. As Beinhauer ran away, the suspect followed behind him,” the affidavit states.

“Beinhauer then tripped while attempting to flee and fell to the ground. Upon hitting the ground, Beinhauer tried to roll away from the suspect. The suspect eventually caught Beinhauer, placed a hand on him, and kneeled down. Once kneeling, the suspect appeared to touch Beinhauer. Beinhauer no longer moved after that point in the footage,” the detective states in the affidavit.

Police spoke with someone on the night of the assault who told them a bowlegged man named “Miguel” or “Margarito” had stabbed someone, according to the affidavit. Surveillance video showed “the suspect’s legs looked bowed at his shins,” leading to an odd gait, according to the affidavit.

Past police encounters

The affidavit states that investigators referred to video from October of police encounters with Saldivar.

On Oct. 12, University of Oregon police spoke with Saldivar. On Oct. 21, Eugene police spoke with Saldivar “for Disorderly Conduct during this instance,” the affidavit said. Eugene Municipal Court records show pending citations for disorderly conduct and resisting arrest.

“I compared pictures of Margarito from both contacts and observed the physical features from the two body camera videos matched the surveillance images captured after the initial incident,” Staggers-Seals said in the affidavit.

After Saldivar’s arrest, according to the affidavit, someone told police Saldivar had given them a jacket that had a knife with a 3-inch long blade in its pocket. The knife appeared to have a reddish-brown substance on it. The search-and-seizure affidavit states that the knife is to be analyzed for DNA.

According to the affidavit, Saldivar, in an interview with police, said he had not been at the scene of the assault but had been shown a video of what happened.