Tuesday, October 31, 2006
IN MY OPINION - THE DEATH OF LUKUS GLENN - The public deserves more than silence
Special to The Oregonian, Lawrence K. Peterson
I represent the family of Lukus Glenn, the 18-year-old who was shot and killed last month by Washington County sheriff's deputies shortly after his mother called 9-1-1 for help in dealing with her drunk, distressed son.
Because of numerous public misrepresentations by Washington County officials, Lukus' parents, Hope and Brad Glenn, have sought to have a further conversation within the community about their son's death, a conversation between the public and law enforcement to help all of us understand the role of emergency services. Why? Because in Hope's words, "They didn't have to shoot him; we just asked for help."
Local citizens invest millions of dollars annually in law enforcement and 9-1-1 services. Local government is responsible to see that the money is well spent and that police power is not abused. City halls and county boards certainly should have a voice after such incidents and should provide a forum through which the public, the families of those affected and law enforcement can be heard.
But some in law enforcement don't see it that way. Former Portland police officer C.W. Jensen argued in a letter to the editor in The Oregonian that the lay public doesn't understand such incidents because they are not experts and have never faced violent confrontations. In an article in the October "Rap Sheet" from the Portland Police Association, retired Capt. James Harvey rails against "armchair quarterbacks" and mockingly suggests that people should call columnist Steve Duin or The Oregonian's offices "to deal with the violence," as if this bit of curious wit ends the discussion. In the same edition, PPA president and police officer Robert King rebukes any request for a public inquest as "outdated, unnecessary and destructive" because of the "community's failure to understand us."
The last time I checked, Steve Duin and The Oregonian are in business to report and comment on news and events, while law enforcement officials have sworn to protect and to serve. It is simply arrogant to state that those people you are sworn to protect and serve --and who are taxed for your paycheck --should not have the right to voice their concerns.
In the Glenn case, the family looked forward to a grand jury hearing. None was convened. They were told to wait for the official reports. They did. What they found was that the officers had inaccurately described the facts regarding Lukus' death --specifically that there was a long gap between when beanbag rounds were fired and when the lethal rounds were fired. The Washington County district attorney accepted the officers' version of the events, even though an audio recording of that night clearly contradicts that version, showing that there was no gap between the beanbag rounds and the lethal fire.
Despite pointing out the plain inaccuracy of the DA's report, the family's questions have been met with deafening silence from public officials.
It doesn't require a history of experience with violent confrontation to listen to a tape recording --or from that to question the actions of law enforcement. Asking legitimate questions is the public's right, and it is the government's obligation to answer.
Portland Police Chief Rosie Sizer got a lot of it right in her opinion piece last week ("A time to focus on the broader issues," Oct. 25). This is the time to "focus on the larger picture" in review of emergency services. It is not the time to fall behind the closed ranks of the "thin blue line" and hope the questions go away.
An open, transparent review of the facts surrounding Lukus Glenn's death is a constructive step in the process of administering emergency services and restoring the public's confidence in the 9-1-1 system. It's not the first time that a family of a troubled, drunken teen has called for help. And it won't be the last.
Lawrence K. Peterson is an attorney representing the Glenn family.
Monday, October 23, 2006
Deputy kills man who grabs for rifle
from The Oregonian, by Lisa Grace Lednicer
SUMMARY: Tualatin Officers say an apartment intruder fights, then breaks away despite Taser use and beanbag rounds
TUALATIN --A Washington County sheriff's deputy shot and killed an intruder early Sunday morning after Taser shocks and beanbag rounds failed to subdue him, and the man tried to reach for the officer's weapon, police said.
Deputies were still trying to identify the man Sunday afternoon, said Sgt. David Thompson, spokesman for the Washington County Sheriff's Office.
The incident began shortly before midnight when the man broke into a woman's apartment, Thompson said.
The fatal shooting was the second involving Washington County deputies in recent weeks, following the Sept. 16 shooting of 18-year-old Lukus Glenn outside his parents' Metzger home.
Thompson gave the following account of Sunday's incident at the Woodridge apartment complex:
Just before 11:50 p.m. Saturday, a 29-year-old woman awoke on the couch of her ground-floor apartment in the 11900 block of Southwest Tualatin Road and found a man touching her. She ordered him to leave.
When the man refused, the woman grabbed her cell phone and ran into her 8-year-old daughter's bedroom at the back of the apartment. She leaned against the door to keep it shut, but the man overpowered her, followed her into the room and began attacking her. Nevertheless, the woman was able to call 9-1-1, Thompson said. She sustained minor injuries, and her daughter was not hurt.
A Tualatin police officer responded to the call, fought with the man --who had taken a kitchen knife from the apartment --and fired a Taser gun to shock him, to no effect, Thompson said. Next, a Sherwood police officer arrived and ordered the man to the ground. When he refused to obey, the officer fired beanbag rounds at the man, which didn't slow him.
As the fight spilled out of the apartment, the man ran across Southwest Tualatin Road onto a grassy knoll. When a Washington County sheriff's deputy arrived, the man ran toward him. The deputy ordered him to stop, but he didn't, so the deputy fired a Taser gun.
Undeterred, the man opened the driver's side door and tried to grab an MP-5 rifle mounted between the front seats, Thompson said. The deputy shot the intruder several times, and the man slumped against the side of the car, then reached inside again. The deputy shot him, and the man collapsed outside the car and died, Thompson said.
Thompson declined to release the names of the woman and the three officers. The officers are on paid administrative leave while officials investigate the incident.
It was not known how the man entered the woman's apartment. The woman told police she did not know him.
The apartment complex is on a stretch of Southwest Tualatin Road lined with office parks and young trees. The complex has a pool and playground, and residents said violent events such as Sunday morning's are atypical.
"Every once in a while you get a police car, but nothing major like this," said Claudia Thomas, a retired bookkeeper who lives at the complex. "It's usually pretty quiet."
SUMMARY: Tualatin Officers say an apartment intruder fights, then breaks away despite Taser use and beanbag rounds
TUALATIN --A Washington County sheriff's deputy shot and killed an intruder early Sunday morning after Taser shocks and beanbag rounds failed to subdue him, and the man tried to reach for the officer's weapon, police said.
Deputies were still trying to identify the man Sunday afternoon, said Sgt. David Thompson, spokesman for the Washington County Sheriff's Office.
The incident began shortly before midnight when the man broke into a woman's apartment, Thompson said.
The fatal shooting was the second involving Washington County deputies in recent weeks, following the Sept. 16 shooting of 18-year-old Lukus Glenn outside his parents' Metzger home.
Thompson gave the following account of Sunday's incident at the Woodridge apartment complex:
Just before 11:50 p.m. Saturday, a 29-year-old woman awoke on the couch of her ground-floor apartment in the 11900 block of Southwest Tualatin Road and found a man touching her. She ordered him to leave.
When the man refused, the woman grabbed her cell phone and ran into her 8-year-old daughter's bedroom at the back of the apartment. She leaned against the door to keep it shut, but the man overpowered her, followed her into the room and began attacking her. Nevertheless, the woman was able to call 9-1-1, Thompson said. She sustained minor injuries, and her daughter was not hurt.
A Tualatin police officer responded to the call, fought with the man --who had taken a kitchen knife from the apartment --and fired a Taser gun to shock him, to no effect, Thompson said. Next, a Sherwood police officer arrived and ordered the man to the ground. When he refused to obey, the officer fired beanbag rounds at the man, which didn't slow him.
As the fight spilled out of the apartment, the man ran across Southwest Tualatin Road onto a grassy knoll. When a Washington County sheriff's deputy arrived, the man ran toward him. The deputy ordered him to stop, but he didn't, so the deputy fired a Taser gun.
Undeterred, the man opened the driver's side door and tried to grab an MP-5 rifle mounted between the front seats, Thompson said. The deputy shot the intruder several times, and the man slumped against the side of the car, then reached inside again. The deputy shot him, and the man collapsed outside the car and died, Thompson said.
Thompson declined to release the names of the woman and the three officers. The officers are on paid administrative leave while officials investigate the incident.
It was not known how the man entered the woman's apartment. The woman told police she did not know him.
The apartment complex is on a stretch of Southwest Tualatin Road lined with office parks and young trees. The complex has a pool and playground, and residents said violent events such as Sunday morning's are atypical.
"Every once in a while you get a police car, but nothing major like this," said Claudia Thomas, a retired bookkeeper who lives at the complex. "It's usually pretty quiet."
Friday, October 20, 2006
Parents' lawyer challenges DA's view
from The Oregonian, by Kate Taylor
SUMMARY: Glenn death The attorney says deputies were too quick to fire at the Tigard-area youth
LAKE OSWEGO -- An attorney for the parents of a Tigard-area youth shot dead last month by Washington County sheriff's deputies said on Thursday the district attorney's review of the shooting was flawed.
In particular, Lake Oswego attorney Larry Peterson said deputies were too quick to fire at Lukus Glenn, 18, who had just been shot with beanbag rounds. He also said that Glenn was not running away, but instead reeling from the impact of the beanbag rounds when the deputies fired.
Police on Sept. 16 shot Glenn after his mother called 9-1-1, saying he was drunk, out of control and threatening the family. Deputies Mikhail Gerba and Tim Mateski and Tigard police officer Andrew Pastore confronted Glenn outside the home, and when he refused to drop a pocket knife, the officer shot him with bean bags and then the two deputies opened fire as Glenn moved toward the house.
Hope Glenn on Thursday blinked back tears as Peterson played the 9-1-1 tape of her son's shooting to a roomful of reporters in the attorney's office.
Holding up his fingers as the sound of beanbag rounds and then live rounds filled the room, Peterson told reporters to note that there was no gap between the beanbag shots and the bullets fired by the two sheriff's deputies.
"Where is the time gap?" Peterson asked. "Where is the time gap? There is no time gap. Citizens of Washington County should be able to rely on their 9-1-1 system and the law enforcement community."
In post-shooting interviews, Peterson said, police gave conflicting accounts of how much time elapsed. Peterson emphasized Gerba's version that Lukus Glenn exchanged words with his father, grandmother and police between the beanbag rounds and before the shots were fired. Peterson compared that with Pastore's comments that three to five seconds passed after he shot beanbag volleys and the deputies finished firing their guns.
Peterson also said he believed that --counter to what police have said in interviews --Glenn never ran toward his house, but was propelled by bean bags.
Sitting with her husband, Brad Glenn, Hope Glenn continued to press for a public inquest for the sake of the lessons the case holds.
"I don't think it should happen to anybody else," she said. "It didn't have to happen that way."
The shooting has raised questions in the community about police use of deadly force.
"We are training officers to be very active in the use of firearms as a first resort and certainly not as a last resort," Peterson said. "There are alternatives, and they should be reviewed and pursued."
Last week, Deputy District Attorney Rob Bletko decided not to send the case to a grand jury because, he said, he didn't find criminal misconduct in police actions.
Thursday, Peterson said Bletko's analysis was based on a flawed investigation.
But on Thursday, Bletko said a different timeline of shots fired would not have altered his decision.
"If (Peterson) thinks the shots are closer together than the tape clearly indicates . . . that doesn't affect my decision," Bletko said. "It happened quickly. It doesn't take long to turn and move in a particular direction. But that doesn't change my decision."
At the news conference, Peterson --who wrote a letter to the Washington County Board of Commissioners and the city of Tigard Oct. 5 requesting a public inquest --criticized officials of those agencies for their silence.
"The legal counsel is reviewing the situation . . ., said Washington County Chairman Tom Brian. "The board is in limbo waiting and really can't comment further."
Tigard Mayor Craig Dirksen said Thursday afternoon that he had received Peterson's letter, but that he and members of the City Council didn't feel it was appropriate to respond.
"I guess I don't feel it's our place to do that. It really involves the Washington County Sheriff's Department and they need to be the ones to respond," Dirksen said. "If a decision was made to do an inquest, though, we would, of course, cooperate."
SUMMARY: Glenn death The attorney says deputies were too quick to fire at the Tigard-area youth
LAKE OSWEGO -- An attorney for the parents of a Tigard-area youth shot dead last month by Washington County sheriff's deputies said on Thursday the district attorney's review of the shooting was flawed.
In particular, Lake Oswego attorney Larry Peterson said deputies were too quick to fire at Lukus Glenn, 18, who had just been shot with beanbag rounds. He also said that Glenn was not running away, but instead reeling from the impact of the beanbag rounds when the deputies fired.
Police on Sept. 16 shot Glenn after his mother called 9-1-1, saying he was drunk, out of control and threatening the family. Deputies Mikhail Gerba and Tim Mateski and Tigard police officer Andrew Pastore confronted Glenn outside the home, and when he refused to drop a pocket knife, the officer shot him with bean bags and then the two deputies opened fire as Glenn moved toward the house.
Hope Glenn on Thursday blinked back tears as Peterson played the 9-1-1 tape of her son's shooting to a roomful of reporters in the attorney's office.
Holding up his fingers as the sound of beanbag rounds and then live rounds filled the room, Peterson told reporters to note that there was no gap between the beanbag shots and the bullets fired by the two sheriff's deputies.
"Where is the time gap?" Peterson asked. "Where is the time gap? There is no time gap. Citizens of Washington County should be able to rely on their 9-1-1 system and the law enforcement community."
In post-shooting interviews, Peterson said, police gave conflicting accounts of how much time elapsed. Peterson emphasized Gerba's version that Lukus Glenn exchanged words with his father, grandmother and police between the beanbag rounds and before the shots were fired. Peterson compared that with Pastore's comments that three to five seconds passed after he shot beanbag volleys and the deputies finished firing their guns.
Peterson also said he believed that --counter to what police have said in interviews --Glenn never ran toward his house, but was propelled by bean bags.
Sitting with her husband, Brad Glenn, Hope Glenn continued to press for a public inquest for the sake of the lessons the case holds.
"I don't think it should happen to anybody else," she said. "It didn't have to happen that way."
The shooting has raised questions in the community about police use of deadly force.
"We are training officers to be very active in the use of firearms as a first resort and certainly not as a last resort," Peterson said. "There are alternatives, and they should be reviewed and pursued."
Last week, Deputy District Attorney Rob Bletko decided not to send the case to a grand jury because, he said, he didn't find criminal misconduct in police actions.
Thursday, Peterson said Bletko's analysis was based on a flawed investigation.
But on Thursday, Bletko said a different timeline of shots fired would not have altered his decision.
"If (Peterson) thinks the shots are closer together than the tape clearly indicates . . . that doesn't affect my decision," Bletko said. "It happened quickly. It doesn't take long to turn and move in a particular direction. But that doesn't change my decision."
At the news conference, Peterson --who wrote a letter to the Washington County Board of Commissioners and the city of Tigard Oct. 5 requesting a public inquest --criticized officials of those agencies for their silence.
"The legal counsel is reviewing the situation . . ., said Washington County Chairman Tom Brian. "The board is in limbo waiting and really can't comment further."
Tigard Mayor Craig Dirksen said Thursday afternoon that he had received Peterson's letter, but that he and members of the City Council didn't feel it was appropriate to respond.
"I guess I don't feel it's our place to do that. It really involves the Washington County Sheriff's Department and they need to be the ones to respond," Dirksen said. "If a decision was made to do an inquest, though, we would, of course, cooperate."
Saturday, October 14, 2006
EDITORIAL: Teen's death demands public illumination
from The Oregonian
Last month, The Oregonian's Dana Tims reported that the fatal police shooting of a Tigard-area teenager had unfolded in accordance with standard operating procedure ("Experts say shooting death of teen went 'by the book,' " Sept. 20). Understandably, a collective shudder rippled through the region. It was as if people muttered in unison: Well, if that's so, then it's time to throw away the book.
Of course, that's an over-reaction. Of course, hindsight is 20-20. And of course, law enforcement officers have to make split-second decisions to protect themselves and other people from harm.
On Sept. 16, when officers arrived at the home of Lukus Glenn, they'd been advised that the distraught 18-year-old had made some threats against his family. At least one officer feared Glenn might rush inside and take a hostage.
Few of us would question what happened next if Glenn had been armed with a gun. If he'd refused to put that weapon down, you could understand why officers felt they had to shoot him. His death would be a sad, but straightforward, example of "suicide by cop."
But the former high school football and soccer star was armed with a pocketknife. Surely, there was a better way to approach Glenn that night. Surely, there was a better way --or at least a way --for the three officers at the scene to resolve the situation without gunfire.
This week, the Washington County district attorney's office ruled that the shooting death was legally justifiable. There is no need, the DA's office concluded, even for a grand jury to review the evidence. This ruling does not begin to put questions about Glenn's death to rest. If anything, the ruling confirms the inadequacy of the legal apparatus invoked after a police-involved death. That apparatus is set up to ask and answer a narrow question: Did the officers involved commit a crime?
Almost always, the answer is no. True, the Washington County Sheriff's Office has embarked on an administrative review of what happened, which could be very valuable. But like a ruling from a district attorney's office, no internal review can substitute for a public and independent airing of the facts.
What law enforcement colleagues decide about each other's actions is inherently suspect. It's too easy for them to sympathize with each other, defend and justify whatever happened. Only a public inquest can assure the public that the most painful questions about a death haven't been sidestepped.
What the public wants to know is: How could this death have been avoided? What could, and should, the law enforcement officers involved have done differently? If Glenn's death went by the book, then the book jeopardizes public safety.
We may not be able to throw it out, but we certainly need to change it.
Last month, The Oregonian's Dana Tims reported that the fatal police shooting of a Tigard-area teenager had unfolded in accordance with standard operating procedure ("Experts say shooting death of teen went 'by the book,' " Sept. 20). Understandably, a collective shudder rippled through the region. It was as if people muttered in unison: Well, if that's so, then it's time to throw away the book.
Of course, that's an over-reaction. Of course, hindsight is 20-20. And of course, law enforcement officers have to make split-second decisions to protect themselves and other people from harm.
On Sept. 16, when officers arrived at the home of Lukus Glenn, they'd been advised that the distraught 18-year-old had made some threats against his family. At least one officer feared Glenn might rush inside and take a hostage.
Few of us would question what happened next if Glenn had been armed with a gun. If he'd refused to put that weapon down, you could understand why officers felt they had to shoot him. His death would be a sad, but straightforward, example of "suicide by cop."
But the former high school football and soccer star was armed with a pocketknife. Surely, there was a better way to approach Glenn that night. Surely, there was a better way --or at least a way --for the three officers at the scene to resolve the situation without gunfire.
This week, the Washington County district attorney's office ruled that the shooting death was legally justifiable. There is no need, the DA's office concluded, even for a grand jury to review the evidence. This ruling does not begin to put questions about Glenn's death to rest. If anything, the ruling confirms the inadequacy of the legal apparatus invoked after a police-involved death. That apparatus is set up to ask and answer a narrow question: Did the officers involved commit a crime?
Almost always, the answer is no. True, the Washington County Sheriff's Office has embarked on an administrative review of what happened, which could be very valuable. But like a ruling from a district attorney's office, no internal review can substitute for a public and independent airing of the facts.
What law enforcement colleagues decide about each other's actions is inherently suspect. It's too easy for them to sympathize with each other, defend and justify whatever happened. Only a public inquest can assure the public that the most painful questions about a death haven't been sidestepped.
What the public wants to know is: How could this death have been avoided? What could, and should, the law enforcement officers involved have done differently? If Glenn's death went by the book, then the book jeopardizes public safety.
We may not be able to throw it out, but we certainly need to change it.
Thursday, October 12, 2006
Police shooting 'legally justified'
The Oregonian, by Dana Tims and Kate Taylor
SUMMARY: Lukus Glenn The district attorney finds no cause for a grand jury in the death of a Tigard-area young man
HILLSBORO --The Washington County district attorney's office finished investigating the Sept. 16 shooting death of a Tigard-area youth Wednesday, calling the incident "tragic" but "legally justified."
Lukus Glenn's family, however, is not done with the case. On Wednesday, his mother and attorney criticized the decision and said they are considering a lawsuit.
As sheriff's officials launched an administrative review into deadly force policies and training Wednesday, members of the Glenn family renewed their call for a public inquest. They said they were disappointed that a grand jury would not look into the incident in which two Washington County sheriff's deputies shot and killed Glenn, 18, after he refused to put down a knife.
Hope Glenn called 9-1-1 about 3 a.m. that morning, saying her son was drunk, out of control and threatening the family. Minutes later, three officers arrived at the family's house. When the youth refused to drop the knife, an officer shot him with bean bags before the deputies opened fire as he moved toward the home.
"We're disappointed with the decision," said Larry K. Peterson, attorney for the Glenn family. He said he plans today to say more about the district attorney's decision and added that "all options are open" when asked whether the family plans to file a civil lawsuit.
The district attorney's office released several hundred pages of investigative notes, charts, interviews and medical reports Wednesday morning detailing the days, and minutes, that culminated in Glenn's early morning death.
"I have concluded that the shooting of Mr. Glenn, while tragic, was legally justified," wrote Rob Bletko, the county's chief deputy district attorney, in a letter to Washington County Sheriff Rob Gordon.
"The material facts surrounding the shooting are not in dispute. There is no good reason to believe that the deputies committed a crime, and therefore a grand jury review in this case is not warranted."
In a separate interview Wednesday, Bletko said he could find no legal basis for holding the public inquest Peterson called for late last week.
Statutory provisions for public inquests rest largely on whether key facts are in question, Bletko said. Those most often focus on disputes over the identity of the deceased, the determination of where and when a person died, and the cause and manner of death.
"In this particular case," he said, "all of the questions at issue are very clear. The medical examiner's report and supporting documents answer every one of those."
Peterson, however, said family members and friends of Glenn's, who were present during the brief but heated encounter with deputies Mikhail Gerba and Tim Mateski and Tigard police patrol officer Andrew Pastore, disagree with a number of the investigation's findings.
They dispute, for instance, deputies' contention that Glenn was shot only after he started running toward the house, where his mother, father and grandmother looked on.
Hope Glenn, Lukus Glenn's mother, said on Wednesday that her son was slowly staggering, not running, toward the house's front door. She has in the past told investigators that her son was trying to move around the side of the house to get away from the bean bags.
In interviews with investigators, all three officers at the scene said that Glenn, armed with a knife, either "ran" or "bolted" toward the house, even after Pastore shot him with at least five nonlethal bean bag rounds.
Shots' timing questioned
Family members and friends also said that the brief pause between the bean bags and the bullets was far too short for the officers to adequately evaluate the effects of the bean bags.
"They both shot simultaneously," Hope Glenn said. "You can hear that on the (9-1-1) tape."
Gerba, explaining why he opened fire so soon after the bean bags were used, again referred to Lukus Glenn's speed moving toward the residence, telling investigators, "I felt that we were either going to have a hostage situation or he was going to kill somebody in the house."
The bean bags themselves, he said, appeared to have little or no effect on Glenn.
"From what I looked at it, it looked like somebody just tossed something and just bounced off of him," Gerba said.
He added that the situation escalated so quickly that the officers had no time to discuss tactics or defensive strategies, such as positioning themselves between Glenn and the house or ordering the family to evacuate the house through a back door.
"I'm thinking, let's wait for more officers to get here," Gerba told investigators. "We need to come up with a plan."
Only seconds later, the fatal shots were fired, with Gerba shooting four times and Mateski seven. A total of eight bullets struck Glenn, according to medical reports, with two of those shots doing enough damage to be fatal.
Sheriff starts review
The Washington County Sheriff's Office has launched an administrative review into the shooting, said Chief Deputy Pat Garrett.
Since the district attorney's office determined the deputies violated no laws, the review will address additional or different tools, training or policies that could be used to help with similar situations, Garrett said.
The sheriff's office, he added, will consider bringing in nationally recognized experts and may accept suggestions from the public on the scope of the review.
Lt. John Black, the sheriff's training leader and expert in the use of force, said the failure of the bean bags to disable Glenn will be studied. He described the bean bags as 2-inch-wide bags filled with pellets that are packed into a shotgun and, when fired, travel at a rate of more than 400 feet per second.
"It's like getting hit with a hardball," Black said.
Deputies Gerba and Mateski returned to work several days ago, said Sgt. Michael O'Connell, head of the county's Major Crimes Team. Both deputies have received department-provided psychological assistance considered mandatory following fatal shootings, he said. They will continue to be evaluated in coming months.
"It's clear the events of the night of the 16th have been and will continue to be devastating to everyone involved," Garrett said.
Holly Danks of The Oregonian staff contributed to this story.
SUMMARY: Lukus Glenn The district attorney finds no cause for a grand jury in the death of a Tigard-area young man
HILLSBORO --The Washington County district attorney's office finished investigating the Sept. 16 shooting death of a Tigard-area youth Wednesday, calling the incident "tragic" but "legally justified."
Lukus Glenn's family, however, is not done with the case. On Wednesday, his mother and attorney criticized the decision and said they are considering a lawsuit.
As sheriff's officials launched an administrative review into deadly force policies and training Wednesday, members of the Glenn family renewed their call for a public inquest. They said they were disappointed that a grand jury would not look into the incident in which two Washington County sheriff's deputies shot and killed Glenn, 18, after he refused to put down a knife.
Hope Glenn called 9-1-1 about 3 a.m. that morning, saying her son was drunk, out of control and threatening the family. Minutes later, three officers arrived at the family's house. When the youth refused to drop the knife, an officer shot him with bean bags before the deputies opened fire as he moved toward the home.
"We're disappointed with the decision," said Larry K. Peterson, attorney for the Glenn family. He said he plans today to say more about the district attorney's decision and added that "all options are open" when asked whether the family plans to file a civil lawsuit.
The district attorney's office released several hundred pages of investigative notes, charts, interviews and medical reports Wednesday morning detailing the days, and minutes, that culminated in Glenn's early morning death.
"I have concluded that the shooting of Mr. Glenn, while tragic, was legally justified," wrote Rob Bletko, the county's chief deputy district attorney, in a letter to Washington County Sheriff Rob Gordon.
"The material facts surrounding the shooting are not in dispute. There is no good reason to believe that the deputies committed a crime, and therefore a grand jury review in this case is not warranted."
In a separate interview Wednesday, Bletko said he could find no legal basis for holding the public inquest Peterson called for late last week.
Statutory provisions for public inquests rest largely on whether key facts are in question, Bletko said. Those most often focus on disputes over the identity of the deceased, the determination of where and when a person died, and the cause and manner of death.
"In this particular case," he said, "all of the questions at issue are very clear. The medical examiner's report and supporting documents answer every one of those."
Peterson, however, said family members and friends of Glenn's, who were present during the brief but heated encounter with deputies Mikhail Gerba and Tim Mateski and Tigard police patrol officer Andrew Pastore, disagree with a number of the investigation's findings.
They dispute, for instance, deputies' contention that Glenn was shot only after he started running toward the house, where his mother, father and grandmother looked on.
Hope Glenn, Lukus Glenn's mother, said on Wednesday that her son was slowly staggering, not running, toward the house's front door. She has in the past told investigators that her son was trying to move around the side of the house to get away from the bean bags.
In interviews with investigators, all three officers at the scene said that Glenn, armed with a knife, either "ran" or "bolted" toward the house, even after Pastore shot him with at least five nonlethal bean bag rounds.
Shots' timing questioned
Family members and friends also said that the brief pause between the bean bags and the bullets was far too short for the officers to adequately evaluate the effects of the bean bags.
"They both shot simultaneously," Hope Glenn said. "You can hear that on the (9-1-1) tape."
Gerba, explaining why he opened fire so soon after the bean bags were used, again referred to Lukus Glenn's speed moving toward the residence, telling investigators, "I felt that we were either going to have a hostage situation or he was going to kill somebody in the house."
The bean bags themselves, he said, appeared to have little or no effect on Glenn.
"From what I looked at it, it looked like somebody just tossed something and just bounced off of him," Gerba said.
He added that the situation escalated so quickly that the officers had no time to discuss tactics or defensive strategies, such as positioning themselves between Glenn and the house or ordering the family to evacuate the house through a back door.
"I'm thinking, let's wait for more officers to get here," Gerba told investigators. "We need to come up with a plan."
Only seconds later, the fatal shots were fired, with Gerba shooting four times and Mateski seven. A total of eight bullets struck Glenn, according to medical reports, with two of those shots doing enough damage to be fatal.
Sheriff starts review
The Washington County Sheriff's Office has launched an administrative review into the shooting, said Chief Deputy Pat Garrett.
Since the district attorney's office determined the deputies violated no laws, the review will address additional or different tools, training or policies that could be used to help with similar situations, Garrett said.
The sheriff's office, he added, will consider bringing in nationally recognized experts and may accept suggestions from the public on the scope of the review.
Lt. John Black, the sheriff's training leader and expert in the use of force, said the failure of the bean bags to disable Glenn will be studied. He described the bean bags as 2-inch-wide bags filled with pellets that are packed into a shotgun and, when fired, travel at a rate of more than 400 feet per second.
"It's like getting hit with a hardball," Black said.
Deputies Gerba and Mateski returned to work several days ago, said Sgt. Michael O'Connell, head of the county's Major Crimes Team. Both deputies have received department-provided psychological assistance considered mandatory following fatal shootings, he said. They will continue to be evaluated in coming months.
"It's clear the events of the night of the 16th have been and will continue to be devastating to everyone involved," Garrett said.
Holly Danks of The Oregonian staff contributed to this story.
What's next
from The Oregonian
What happened: The Washington County district attorney's office said Wednesday it found that two sheriff's office deputies acted legally when they shot and killed Lukus Glenn, 18, outside his Tigard-area home Sept. 16.
What it means: Criminal charges will not be considered by a grand jury. The district attorney's office also declined to hold a public inquest sought by family members of Lukus Glenn.
What's ahead: The sheriff's office will launch an administrative review of the shooting that will focus on whether new or additional tools or policies may be useful in preventing similar outcomes in the future. Glenn's family is considering filing a civil suit stemming from the shooting.
Tuesday, October 10, 2006
Police faceoff ends with fatal shots
from The Oregonian, by Jill Rehkopf Smith
SUMMARY: Forest Grove A 45-year-old with a gun in each hand walks out of his apartment and confronts officers
FOREST GROVE --A 45-year-old man was shot and killed by officers Sunday night after police said he confronted them outside his apartment with a gun in each hand.
Forest Grove police identified the man as Neil Bruce Marcy. Three officers were involved in the shooting at the College Place Apartments, 2607 21st Ave.
"In terms of whether this was an attempted 'suicide by cop,' we're certainly looking at that as a possibility," said Capt. Aaron Ashbaugh, spokesman for the Forest Grove Police Department. "There's no question that he wanted to engage the police."
Barney Cogswell, who was staying next door with Ed and Donna Johnson in an apartment that now has bullet holes in the walls, said he heard police yelling, "Put down your guns!" and Marcy shouting, "You put yours down first."
Cogswell and the Johnsons were among those evacuated by police after the incident began.
The incident shocked neighbors, who described Marcy, a machine-shop worker who lived alone, as friendly and responsible. However, bartenders at a neighborhood tavern said Marcy could cause problems when he was drinking.
Ashbaugh could not confirm whether the investigation into Marcy's death will include testing for drugs or alcohol. The state medical examiner's office did not return calls for comment.
According to Ashbaugh, someone called
9-1-1 about 10:50 p.m. to report something about a shooting before quickly hanging up. Ashbaugh declined to say who made the call and said the Washington County Major Crimes Team, which is investigating the shooting, would release that information later.
When police arrived at the complex, they began taking cover, positioning themselves around Marcy's apartment and trying to talk him into a peaceful solution.
About 11:35 p.m., police saw Marcy walk outside with a pistol in his hand, fire it into the air and return inside, Ashbaugh said.
About 11:50 p.m., Marcy walked out the apartment door with a gun in each hand, Ashbaugh said. When Marcy raised his hands, officers shot and killed him. It is unclear how many shots were fired.
"It almost sounded like machine-gun fire," said Gary Alexander, who lives a few houses away from the apartment complex.
Two of the officers involved in the shooting were from the Forest Grove Police Department and one from the Cornelius Police Department. Following standard practice, the officers are on paid leave for about 10 days, Ashbaugh said. The names of the officers involved in the shooting will not be released until the Major Crimes Team finishes its investigation.
Marcy's death follows the shooting of 18-year-old Lukus Glenn by Washington County sheriff's deputies in Metzger last month. Deputies responded to the Glenn home Sept. 16 after reports that the intoxicated teen, armed with a pocket knife, was threatening others and himself.
Marcy had lived at the apartment complex for about two years, Ashbaugh said. According to public records, Marcy did not have a criminal history.
Neighbors described him as sociable and friendly. He brought food to last year's Thanksgiving celebration at the apartment complex. And he had befriended a stray cat. Monday morning, a dish with water and cat food still sat outside Marcy's apartment door.
Neighbors said Marcy has a sister who visited him frequently and also has an 18-year-old son.
The Johnsons sat outside Saturday night enjoying a beer with Marcy. They said he was talking about his job and was excited about switching companies and getting better pay. He was always respectful, Ed Johnson said: "He didn't cuss or anything."
But bartenders at the Circle Inn Tavern saw a different side.
Bartender Hannah Coates used to see Marcy every Saturday night when she worked the night shift months ago.
"He usually drank double shots of (Jose) Cuervo," she said. "Once he had that tequila in him, he was a totally different person." He would get rowdy and annoy customers, she said.
Three weeks ago, Coates said, the night bartender "eighty-sixed" Marcy, ordering him to leave and not to come back.
This is the second fatal police shooting Ashbaugh can recall in the city in 20 years. The other was in January 2003 at a manufactured home park, when a member of the Washington County Sheriff's Tactical Negotiations Team shot a man who appeared to be firing at neighbors and police.
SUMMARY: Forest Grove A 45-year-old with a gun in each hand walks out of his apartment and confronts officers
FOREST GROVE --A 45-year-old man was shot and killed by officers Sunday night after police said he confronted them outside his apartment with a gun in each hand.
Forest Grove police identified the man as Neil Bruce Marcy. Three officers were involved in the shooting at the College Place Apartments, 2607 21st Ave.
"In terms of whether this was an attempted 'suicide by cop,' we're certainly looking at that as a possibility," said Capt. Aaron Ashbaugh, spokesman for the Forest Grove Police Department. "There's no question that he wanted to engage the police."
Barney Cogswell, who was staying next door with Ed and Donna Johnson in an apartment that now has bullet holes in the walls, said he heard police yelling, "Put down your guns!" and Marcy shouting, "You put yours down first."
Cogswell and the Johnsons were among those evacuated by police after the incident began.
The incident shocked neighbors, who described Marcy, a machine-shop worker who lived alone, as friendly and responsible. However, bartenders at a neighborhood tavern said Marcy could cause problems when he was drinking.
Ashbaugh could not confirm whether the investigation into Marcy's death will include testing for drugs or alcohol. The state medical examiner's office did not return calls for comment.
According to Ashbaugh, someone called
9-1-1 about 10:50 p.m. to report something about a shooting before quickly hanging up. Ashbaugh declined to say who made the call and said the Washington County Major Crimes Team, which is investigating the shooting, would release that information later.
When police arrived at the complex, they began taking cover, positioning themselves around Marcy's apartment and trying to talk him into a peaceful solution.
About 11:35 p.m., police saw Marcy walk outside with a pistol in his hand, fire it into the air and return inside, Ashbaugh said.
About 11:50 p.m., Marcy walked out the apartment door with a gun in each hand, Ashbaugh said. When Marcy raised his hands, officers shot and killed him. It is unclear how many shots were fired.
"It almost sounded like machine-gun fire," said Gary Alexander, who lives a few houses away from the apartment complex.
Two of the officers involved in the shooting were from the Forest Grove Police Department and one from the Cornelius Police Department. Following standard practice, the officers are on paid leave for about 10 days, Ashbaugh said. The names of the officers involved in the shooting will not be released until the Major Crimes Team finishes its investigation.
Marcy's death follows the shooting of 18-year-old Lukus Glenn by Washington County sheriff's deputies in Metzger last month. Deputies responded to the Glenn home Sept. 16 after reports that the intoxicated teen, armed with a pocket knife, was threatening others and himself.
Marcy had lived at the apartment complex for about two years, Ashbaugh said. According to public records, Marcy did not have a criminal history.
Neighbors described him as sociable and friendly. He brought food to last year's Thanksgiving celebration at the apartment complex. And he had befriended a stray cat. Monday morning, a dish with water and cat food still sat outside Marcy's apartment door.
Neighbors said Marcy has a sister who visited him frequently and also has an 18-year-old son.
The Johnsons sat outside Saturday night enjoying a beer with Marcy. They said he was talking about his job and was excited about switching companies and getting better pay. He was always respectful, Ed Johnson said: "He didn't cuss or anything."
But bartenders at the Circle Inn Tavern saw a different side.
Bartender Hannah Coates used to see Marcy every Saturday night when she worked the night shift months ago.
"He usually drank double shots of (Jose) Cuervo," she said. "Once he had that tequila in him, he was a totally different person." He would get rowdy and annoy customers, she said.
Three weeks ago, Coates said, the night bartender "eighty-sixed" Marcy, ordering him to leave and not to come back.
This is the second fatal police shooting Ashbaugh can recall in the city in 20 years. The other was in January 2003 at a manufactured home park, when a member of the Washington County Sheriff's Tactical Negotiations Team shot a man who appeared to be firing at neighbors and police.
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