published in USA Today - blogs
The death of a Tigard, Ore., 18-year-old who was shot by sheriff's deputies has raised questions about "training methods and procedures taught to law enforcement officers throughout Oregon and the nation," The Oregonian reports.
Lukas Glenn was killed Saturday night. According to the Washington County sheriff's department, he was armed with a knife, refused the deputies' orders to drop it and ignored beanbags they fired at him. When he headed toward his house -- where his family was -- the deputies fired their guns.
"It appears to have been very much by the book," Geoffrey Alpert, chairman of the Department of Criminology and Criminal Justice at the University of South Carolina, told the newspaper. "The use of deadly force to save people inside that house seems to have been reasonable."
But, said Jack Levin, director of the Brudnick Center on Violence at Northeastern University, a review board "will have to determine whether the pocket knife ... was a realistic threat."
Oregon State Sen. Avel Gordly, a Democrat, is pushing for legislation to give police in the state more training about when to use deadly force. "Barbers and hairdressers receive more training than our police officers," Gordly told the Oregonian.
Tuesday, September 26, 2006
Wednesday, September 20, 2006
Kaady family names city, county in federal lawsuit
Renowned attorney Gerry Spence hired
By Marcus Hathcock
The Sandy Post, Sep 14, 2006, Updated Sep 20, 2006
The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last week in federal court, coinciding with the one-year anniversary of Kaady's death.
Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.
He was naked, bleeding and severely burned during the fatal police encounter near Cottrell Grade School, northwest of Sandy.
The 31-page lawsuit, filed in U.S. District Court on Wednesday, Sept. 6, claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death.
Specifically, the suit accuses the defendants of “unreasonable use of a Taser weapon”, “unreasonable use of deadly force”, “unconstitutional municipal policy” in Clackamas County and in the city of Sandy, “unlawful policy” by the acts of Clackamas County Sheriff Craig Roberts and Sandy Police Chief Harold Skelton, having an “informal custom and policy” that encourages Taser use over physical restraint tactics, and initiating an unconstitutional arrest.
Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”
Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.
“We’re hoping for a fair and just exploration of what happened, and maybe some result that will be a living testament to Fouad Kaady’s life,” said Michelle Burrows one of the Kaady family’s attorneys.
A Clackamas County Grand Jury cleared Bergin and Willard of all wrongdoing last year and an internal investigation by the sheriff’s office and the Sandy Police Department determined that they had fully complied with department policies and procedures. Both officers have returned to duty.
Sheriff Craig Roberts and Sandy Police Chief Harold Skelton defended the actions of the officers, saying that in unstable situations such as the Kaady case, sometimes split-second decisions must be made to protect law enforcement officers.
The family has hired Wyoming attorney Gerry Spence, who is known for handling high-profile cases. He represented Brandon Mayfield – the Portland-area man whose fingerprints were erroneously linked to the 2004 Madrid train bombings.
Spence is most famous for his work in the 1984 Karen Silkwood case, where he successfully argued that Silkwood’s employer – a plutonium production plant – was responsible for exposing her to dangerous levels of radiation. A jury awarded Silkwood’s estate $10.5 million.
He boasts on his Web site that he has never lost a criminal case, and hasn’t lost a civil trial since 1969. Spence will reportedly handle the main arguments in the trial, which isn’t likely to begin for at least a year, said Burrows, the local attorney representing Spence’s firm.
The next step, she said, is to “legally and technically serve the defendants with the paperwork we filed.” The fact-finding, “discovery” process of building the case will begin in the next few months, and a trial will come after that.
“In a perfect world we’d be looking at a trial a year to 18 months from now,” Burrows said.
Skelton and City Manager Scott Lazenby said they have been told by their attorneys not to comment on the pending litigation.
By Marcus Hathcock
The Sandy Post, Sep 14, 2006, Updated Sep 20, 2006
The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County last week in federal court, coinciding with the one-year anniversary of Kaady's death.
Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.
He was naked, bleeding and severely burned during the fatal police encounter near Cottrell Grade School, northwest of Sandy.
The 31-page lawsuit, filed in U.S. District Court on Wednesday, Sept. 6, claims that the county, the city and the officers violated Kaady’s civil rights. The 10-claim complaint alleges excessive force, unconstitutional arrest and wrongful death.
Specifically, the suit accuses the defendants of “unreasonable use of a Taser weapon”, “unreasonable use of deadly force”, “unconstitutional municipal policy” in Clackamas County and in the city of Sandy, “unlawful policy” by the acts of Clackamas County Sheriff Craig Roberts and Sandy Police Chief Harold Skelton, having an “informal custom and policy” that encourages Taser use over physical restraint tactics, and initiating an unconstitutional arrest.
Furthermore, it claims that the police-involved shooting was “oppressive, malicious … (and) motivated by evil motive or intent.”
Kaady family members seek monetary damages in an amount to be determined at trial. That amount would include memorial service expenses, the loss of Kaady’s lifetime wages, compensation for pain and suffering, attorneys’ fees and punitive judgments against the officers.
“We’re hoping for a fair and just exploration of what happened, and maybe some result that will be a living testament to Fouad Kaady’s life,” said Michelle Burrows one of the Kaady family’s attorneys.
A Clackamas County Grand Jury cleared Bergin and Willard of all wrongdoing last year and an internal investigation by the sheriff’s office and the Sandy Police Department determined that they had fully complied with department policies and procedures. Both officers have returned to duty.
Sheriff Craig Roberts and Sandy Police Chief Harold Skelton defended the actions of the officers, saying that in unstable situations such as the Kaady case, sometimes split-second decisions must be made to protect law enforcement officers.
The family has hired Wyoming attorney Gerry Spence, who is known for handling high-profile cases. He represented Brandon Mayfield – the Portland-area man whose fingerprints were erroneously linked to the 2004 Madrid train bombings.
Spence is most famous for his work in the 1984 Karen Silkwood case, where he successfully argued that Silkwood’s employer – a plutonium production plant – was responsible for exposing her to dangerous levels of radiation. A jury awarded Silkwood’s estate $10.5 million.
He boasts on his Web site that he has never lost a criminal case, and hasn’t lost a civil trial since 1969. Spence will reportedly handle the main arguments in the trial, which isn’t likely to begin for at least a year, said Burrows, the local attorney representing Spence’s firm.
The next step, she said, is to “legally and technically serve the defendants with the paperwork we filed.” The fact-finding, “discovery” process of building the case will begin in the next few months, and a trial will come after that.
“In a perfect world we’d be looking at a trial a year to 18 months from now,” Burrows said.
Skelton and City Manager Scott Lazenby said they have been told by their attorneys not to comment on the pending litigation.
Tuesday, September 19, 2006
LETTERS TO THE EDITOR - Police shooting: Nonlethal tactics needed
from the Oregonian
We were aghast to learn of the killing this weekend of Tigard-area teen Lukus Glenn by Washington County sheriff's deputies ("Police kill 18-year-old near Tigard," Sept. 17, and "Mom: 9-1-1 call was to help son," Sept. 18).
Something went terribly wrong here. Having raised three children, we know that there are occasions when teens may be out of control and defiant, especially if alcohol is involved. Glenn's parents did exactly the right thing when their son appeared to be out of control and self-destructive: They asked for help.
They expected that their son might have to be arrested for the night, sober up and face the consequences of extreme behavior. The last thing they expected, we're sure, was that law enforcement officers would escalate the situation even further.
If Glenn had been a wild animal cornered in the neighborhood, chances are he would have been tranquilized and transported unconscious back to a friendly habitat. Why couldn't that have happened for Glenn?
We weren't there, and we don't know the exact circumstances as events played out, but we suggest a different type of training for the officers is needed. Defiance is not sufficient reason to take a life.
Bring out the Tasers, stall, negotiate, do something else --anything rather than escalate to final justice so quickly.
Our sympathies go out to the parents who raised a promising young man who just needed a little help and some extra discipline getting through the adolescent growing pains. He deserved a better outcome, and so did they.
DENNIS and CHARLENE DOYLE, Redland
The Oregonian reports another police killing of an apparently disturbed person, this time a teenager armed only with a knife. The families of Fouad Kaady and now Lukus Glenn are reeling from a shoot-first, protect-later policy.
When will our police be trained to disarm first without firing multiple rounds to ensure a kill? Why not train police to shoot at the legs of aggressive and disturbed persons who are not armed with guns?
As reported, Lukus Glenn may have been seeking "suicide by cop," but we should train our police to protect our citizens first. Police should use guns only as a last resort, and even then, first to disable suspects --not to slaughter them in a hail of bullets.
PETER KLAEBE, Lake Oswego
As a resident of Washington County, I am shocked by the insensitivity and utter lack of competence these so-called "peace officers" failed to demonstrate. This cry for help from a depressed, confused teenager was answered with a ruthless barrage of gunfire, resulting in a senseless loss of life.
I may not be a crisis tactician, but I believe this tragedy could have easily been avoided with just the slightest bit of common sense and empathy on the part of the police.
ROBERT O'HEARN, Northwest Portland
Extreme police reactions such as in [the fatal shootings of] Lukus Glenn and Fouad Kaady in Sandy will result in the public's loss of trust and confidence in law enforcement. The people will learn to avoid the police for help and resolve the situation on their own. Results, where people take matters into their own hands, also are troublesome.
Sadly, this is life in the bitter and paranoid America.
BRYAN J. DORR
We were aghast to learn of the killing this weekend of Tigard-area teen Lukus Glenn by Washington County sheriff's deputies ("Police kill 18-year-old near Tigard," Sept. 17, and "Mom: 9-1-1 call was to help son," Sept. 18).
Something went terribly wrong here. Having raised three children, we know that there are occasions when teens may be out of control and defiant, especially if alcohol is involved. Glenn's parents did exactly the right thing when their son appeared to be out of control and self-destructive: They asked for help.
They expected that their son might have to be arrested for the night, sober up and face the consequences of extreme behavior. The last thing they expected, we're sure, was that law enforcement officers would escalate the situation even further.
If Glenn had been a wild animal cornered in the neighborhood, chances are he would have been tranquilized and transported unconscious back to a friendly habitat. Why couldn't that have happened for Glenn?
We weren't there, and we don't know the exact circumstances as events played out, but we suggest a different type of training for the officers is needed. Defiance is not sufficient reason to take a life.
Bring out the Tasers, stall, negotiate, do something else --anything rather than escalate to final justice so quickly.
Our sympathies go out to the parents who raised a promising young man who just needed a little help and some extra discipline getting through the adolescent growing pains. He deserved a better outcome, and so did they.
DENNIS and CHARLENE DOYLE, Redland
The Oregonian reports another police killing of an apparently disturbed person, this time a teenager armed only with a knife. The families of Fouad Kaady and now Lukus Glenn are reeling from a shoot-first, protect-later policy.
When will our police be trained to disarm first without firing multiple rounds to ensure a kill? Why not train police to shoot at the legs of aggressive and disturbed persons who are not armed with guns?
As reported, Lukus Glenn may have been seeking "suicide by cop," but we should train our police to protect our citizens first. Police should use guns only as a last resort, and even then, first to disable suspects --not to slaughter them in a hail of bullets.
PETER KLAEBE, Lake Oswego
As a resident of Washington County, I am shocked by the insensitivity and utter lack of competence these so-called "peace officers" failed to demonstrate. This cry for help from a depressed, confused teenager was answered with a ruthless barrage of gunfire, resulting in a senseless loss of life.
I may not be a crisis tactician, but I believe this tragedy could have easily been avoided with just the slightest bit of common sense and empathy on the part of the police.
ROBERT O'HEARN, Northwest Portland
Extreme police reactions such as in [the fatal shootings of] Lukus Glenn and Fouad Kaady in Sandy will result in the public's loss of trust and confidence in law enforcement. The people will learn to avoid the police for help and resolve the situation on their own. Results, where people take matters into their own hands, also are troublesome.
Sadly, this is life in the bitter and paranoid America.
BRYAN J. DORR
Tuesday, September 12, 2006
Officer, Deputy Named in Portland Wrongful-Death Suit
published in KillPolice.com
A well-known attorney takes on a case in which a Portland man was shot seven timesThe family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff’s Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff’s Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady’s family and friends bitterly criticized the grand jury’s decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
“There is no doubt in my mind that this was not a justifiable shooting,” said Portland attorney Michelle Burrows, who also will argue the case with Spence’s son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence –who often sports a black felt hat and leather-fringed, buckskin jacket –made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel’s office are ready to take on the case.
“We feel sorry for the family, but we believe this is a very defensible case, and we will fight it,” said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy’s city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady’s bizarre behavior before the shooting may have been caused by “excited delirium,” a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff’s department and Sandy police have cultures that encourage officers “to taser and/or ’shoot first,’ a pattern of repeated serious violations of the constitutional rights of citizens.”
The suit claims Kaady was not presenting any “objective danger.” It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
A well-known attorney takes on a case in which a Portland man was shot seven timesThe family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff’s Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff’s Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady’s family and friends bitterly criticized the grand jury’s decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
“There is no doubt in my mind that this was not a justifiable shooting,” said Portland attorney Michelle Burrows, who also will argue the case with Spence’s son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence –who often sports a black felt hat and leather-fringed, buckskin jacket –made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel’s office are ready to take on the case.
“We feel sorry for the family, but we believe this is a very defensible case, and we will fight it,” said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy’s city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady’s bizarre behavior before the shooting may have been caused by “excited delirium,” a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff’s department and Sandy police have cultures that encourage officers “to taser and/or ’shoot first,’ a pattern of repeated serious violations of the constitutional rights of citizens.”
The suit claims Kaady was not presenting any “objective danger.” It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
Friday, September 8, 2006
Police named in wrongful-death suit
from the Oregonian
The family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff's Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady's family and friends bitterly criticized the grand jury's decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
"There is no doubt in my mind that this was not a justifiable shooting," said Portland attorney Michelle Burrows, who also will argue the case with Spence's son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence --who often sports a black felt hat and leather-fringed, buckskin jacket --made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel's office are ready to take on the case.
"We feel sorry for the family, but we believe this is a very defensible case, and we will fight it," said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy's city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady's bizarre behavior before the shooting may have been caused by "excited delirium," a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff's department and Sandy police have cultures that encourage officers "to taser and/or 'shoot first,' a pattern of repeated serious violations of the constitutional rights of citizens."
The suit claims Kaady was not presenting any "objective danger." It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
"Every holiday, every birthday is hard," said Kaady's sister, Andrea Kaady. "His death was a huge earthquake, and the aftershocks will go on forever."
A memorial service marking the one-year anniversary of Kaady's death will be at 11 a.m. Sunday at the St. George Antiochian Orthodox Christian Church, 2101 N.E. 162nd Ave.
The family of Fouad Kaady, a 27-year-old Portland man shot and killed by police a year ago today on a rural Clackamas County highway, has hired high-profile, flamboyant attorney Gerry Spence of Wyoming to argue a wrongful-death lawsuit in federal court.
Kaady was naked, burned and bleeding when he was shocked with a stun gun then shot by Officer William Bergin of the Sandy Police Department and Deputy David Willard of the Clackamas County Sheriff's Office.
The 31-page lawsuit, filed Wednesday in U.S. District Court, names the city of Sandy, Clackamas County and the two officers and seeks monetary damages in an amount to be determined at trial for civil rights violations, excessive force, unconstitutional arrest and wrongful death.
Willard and Bergin shot the unarmed man seven times. A Clackamas County grand jury heard testimony from at least 40 witnesses and decided against bringing charges against the two. Additionally, the Clackamas County Sheriff's Shooting Review Board and a review by the Sandy Police Department found that Willard and Bergin acted appropriately. Both have returned to duty.
Kaady's family and friends bitterly criticized the grand jury's decision and insist he had no history of mental illness and did not take hard drugs. They think his behavior was caused by the shock of being badly burned in a car wreck about a half-hour before the shooting.
"There is no doubt in my mind that this was not a justifiable shooting," said Portland attorney Michelle Burrows, who also will argue the case with Spence's son, Kent Spence.
Burrows said main arguments in court will be handled by Gerry Spence, who has represented high-profile clients such as white separatist Randy Weaver and Brandon Mayfield, a Portland attorney who was jailed for two weeks in 2004 after his fingerprint was mistakenly linked to terror bombings in Madrid, Spain.
Spence --who often sports a black felt hat and leather-fringed, buckskin jacket --made national headlines in 1984 after winning a $10.5 million settlement for the estate of Karen Silkwood, an Oklahoma plutonium worker.
Lawyers for the Clackamas County counsel's office are ready to take on the case.
"We feel sorry for the family, but we believe this is a very defensible case, and we will fight it," said Ed McGlone, an attorney with the office.
Scott Lazenby, Sandy's city manager, said city officials have been instructed not to discuss pending litigation.
In the official police report, a detective speculated that Kaady's bizarre behavior before the shooting may have been caused by "excited delirium," a rare but often deadly medical condition associated with illegal drug use, mental illness or injury, experts say.
People with the condition commonly display incredible strength, are impervious to pain, growl like an animal, are aggressive and take off their clothing because they become superheated.
Clackamas County prosecutors confirmed that Kaady had traces of THC, the active ingredient in marijuana, in his system.
Shortly before he died, Kaady smashed his car into three other cars on Southeast Bluff Road. Callers told 9-1-1 dispatchers he was combative and had assaulted a man who went to help him.
The lawsuit claims that both the sheriff's department and Sandy police have cultures that encourage officers "to taser and/or 'shoot first,' a pattern of repeated serious violations of the constitutional rights of citizens."
The suit claims Kaady was not presenting any "objective danger." It seeks damages for burial and memorial services; general damages for depriving his civil rights; monetary losses to his estate, including the loss of earnings; pain and suffering; punitive damages; and attorney fees.
"Every holiday, every birthday is hard," said Kaady's sister, Andrea Kaady. "His death was a huge earthquake, and the aftershocks will go on forever."
A memorial service marking the one-year anniversary of Kaady's death will be at 11 a.m. Sunday at the St. George Antiochian Orthodox Christian Church, 2101 N.E. 162nd Ave.
Thursday, September 7, 2006
State of the Police State: Fouad Kaady’s Family Fights Back
published in Masterpeace
Fouad Kaady was 27 on September 8, 2005 when a gas can in his vehicle exploded, burning him severely. He crashed his car, tore off his clothes, and staggered down the street dazed and confused. Burned flesh fell from his body as stunned witnesses called 911 to summon medical help.
Minutes later, a Sandy, Oregon police officer and a Clackamas County deputy shot Kaady seven times, though witnesses said he was unarmed, naked, badly burned, disoriented, and had not threatened the police officers or attempted to flee the area. The officers had turned back an ambulance that waited in vain to treat the man’s burns.
Neither officer was disciplined and both are still on patrol.
On Tuesday in the federal district court of Oregon, famed litigator Gerry Spence filed a lawsuit on behalf of Fouad Kaady’s family, one year after the tragic event. Here is the link to an article I wrote on the lawsuit. Here is a PDF of the lawsuit.
Fouad Kaady was 27 on September 8, 2005 when a gas can in his vehicle exploded, burning him severely. He crashed his car, tore off his clothes, and staggered down the street dazed and confused. Burned flesh fell from his body as stunned witnesses called 911 to summon medical help.
Minutes later, a Sandy, Oregon police officer and a Clackamas County deputy shot Kaady seven times, though witnesses said he was unarmed, naked, badly burned, disoriented, and had not threatened the police officers or attempted to flee the area. The officers had turned back an ambulance that waited in vain to treat the man’s burns.
Neither officer was disciplined and both are still on patrol.
On Tuesday in the federal district court of Oregon, famed litigator Gerry Spence filed a lawsuit on behalf of Fouad Kaady’s family, one year after the tragic event. Here is the link to an article I wrote on the lawsuit. Here is a PDF of the lawsuit.
Family of Fouad Kaady files federal lawsuit
The Gresham man was shot by Sandy and Clackamas County police a year ago
The Sandy Post, Sep 7, 2006, Updated Sep 8, 2006
The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County this week in federal court, coinciding with the one year anniversary of Kaady's death.
Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.
Police claimed they were threatened by Kaady and maintain that their split-second decision was unfortunate, but justified.
Family members say Kaady, who was badly burned and bleeding at the time of the encounter, was in need of help and was unjustly shot.
Rumors of a lawsuit have circulated since a Clackamas County Grand Jury cleared the two involved officers of all criminal wrongdoing last fall.
In addition to the city and the county, the Kaady family is suing Bergin and Willard individually.
Representatives from the Sandy Police Department, the city of Sandy and Clackamas County would not comment on the case due to the pending litigation.
For background information on the case, read "The Kaady Files" at: www.sandypost.com/news/story.php?story_id=115654635282841200
The Sandy Post, Sep 7, 2006, Updated Sep 8, 2006
The family of Fouad Kaady filed a lawsuit against the city of Sandy and Clackamas County this week in federal court, coinciding with the one year anniversary of Kaady's death.
Kaady was shot and killed by Sandy police officer Bill Bergin and Clackamas County Sheriff's Deputy Dave Willard Sept. 8, 2005, after a string of seemingly bizarre events including several hit-and-run collisions, a car fire and a possible assault.
Police claimed they were threatened by Kaady and maintain that their split-second decision was unfortunate, but justified.
Family members say Kaady, who was badly burned and bleeding at the time of the encounter, was in need of help and was unjustly shot.
Rumors of a lawsuit have circulated since a Clackamas County Grand Jury cleared the two involved officers of all criminal wrongdoing last fall.
In addition to the city and the county, the Kaady family is suing Bergin and Willard individually.
Representatives from the Sandy Police Department, the city of Sandy and Clackamas County would not comment on the case due to the pending litigation.
For background information on the case, read "The Kaady Files" at: www.sandypost.com/news/story.php?story_id=115654635282841200
This is what is wrong with the corporate media
by Cat - published on http://portland.indymedia.org/en/2006/09/345560.shtml#233959
"Kaady, a suspect in three hit-and-run crashes on the day of his death, was bloody, naked, combative and unfazed by 50,000 volts from a stun gun, when he leapt atop a patrol car and threatened to kill Willard, police said. A Clackamas County grand jury later cleared both officers of wrongdoing."
This is how the corporate media apologists describe the killing. And this is all most people know. This is why it is so hard to find justice. Because these things are framed by the corporate police state, and they are skillfully spun in a manner that makes people not care. The story is everything, and if they can control the story, then they can control the outcome. That is why it is up to us to reclaim our voices and tell the real stories.
In fact, the story of the killing of Fouad Kaady is very different than the strangely dispassionate words in this blurp would suggest. For those who have forgotten, here is what really happened.
Fouad Kaady was driving down the road when he caught fire. It is the belief of many members of his family that he had been transporting gasoline in his mother's car because his truck had run out of gas. This fact is supported by witnesses who observed that the pickup truck he had been driving had apparently run out of gas in front of a local business earlier in the day, and had been towed away. Kaady was seen heading back toward home, to get his mother's car. Witnesses at the tow yard reported that the truck was out of gas. So it does, indeed, appear likely that he had been transporting gasoline, and as he was a smoker, that is probably what sparked the flames. In any event, however it happened, a fire ignited as he was driving the car. We know this, because the fire touched off several small grass fires along the road he was traveling. In addition, at least one witness reported seeing the windows of his car black with smoke as he drove past.
As he was flailing about trying to put out the fire, his car struck another car (driven by Tiffany Stenko), and then another. Moments later, with the cab of his car filled with smoke and fire, he went off the road and crashed into a small wooded area. I almost feel it too obvious to add that most people would not be able to drive much better than he did, if they were on fire. But the corporate media and the police agencies involved in his killing continue to harp on the alleged "hit and runs" that occurred as he was struggling to put out the flames. Whatever.
When the car finally stopped, Fouad got out in a daze. Witnesses note that he was burned over his entire body from the waste up, and that he was bloody and confused. He apparently suffered injuries in the crash, aside from the burns that were so severe that flesh was literally hanging from his body. He was in shock, as is normal when the body suffers this kind of trauma. And, as is often the case when people are in shock, he was confused and not acting very coherent. This is not because he was some drug-crazed weirdo as the media has repeatedly implied. It is because that is how people react when they are injured.
It is at this point that an interesting side detail emerges. Because almost every account of this event in the corporate media makes reference to a "good samaritan" who supposedly "tried to help," but was "kicked in the chest" by Fouad. This helps to build the scary image of Fouad that the media created, the one the public was expected not to empathize with. But there is a strange smell in this story, if one digs for it. Because the "good samaritan" was hiding something. He disappeared into the woods after Mr.Kaady, and when he came out his hands were covered with blood. It was his story to the police that he was bloody because Fouad kicked at him, and he grabbed Fouad's foot to protect himself. No one else saw what happened. The stench starts rising only later, if one digs a little more than anyone in the mainstream media or the police force did. Because as it happens, this "good samaritan" was one Ronald Poirier. He did not tell anyone at the scene, not even the police, that he is in fact Tiffany Stenko's uncle. Remember, she was the woman whose car was initially struck by Mr. Kaady's car. Hmmm. What are the odds that Mr. Poirier just happened to be around right then, just happened to be available to follow Mr. Kaady into the woods to "help" him like that, just happened to forget to mention to the police his relationship to the woman involved in the initial accident? Hmmmm. And yes, Ms. Stenko had a cell phone, and had contacted at least one member of her family prior to Mr. Poirier's fortuitous appearance. Seems odd that the corporate media would continue to refer to a "good samaritan" without asking any questions about this little detail. Unless their purpose is really just to make people believe that this guy was an iredeemable freak who "had it coming," the way the police want us to believe.
After this, Fouad wandered away from the scene. (This is the "run" in the "hit and run" story.) He wandered off down a dirt road through a nearby nursery, and just kept going. People began calling 911 to report him, as he was obviously not well. Injured, losing blood, confused and in shock, his behavior was indeed odd. As anyone's would be under the circumstances. And yes, he was naked. He had been dressed earlier that day, but something about being on fire can leave one looking disheveled and not as socially acceptable as people who weren't nearly burned to death a few minutes before. Go figure.
After awhile, Fouad came to a nursery, where a man named Robert Montgomery was just closing up the door of his semi truck. Mr. Montgomery saw Fouad weaving up the street toward him, and then saw him just sit down in the road, obviously very badly injured. Another witness, Elaine Thornlimb also saw this, as she had been following Fouad down the street to look after him. When he sat down, she stopped her SUV and watched. Dozens of nursery workers also saw what was happening. Moments later, a police car came careening up the road, and almost drove right past Fouad, as he sat there on the pavement. One of the witnesses waved them back, hoping the the cops were there to help this man. It's a common mistake.
And this is the part that makes me sick to my soul. Because both officers, in their own words, have admitted that they could see how badly injured Fouad was from the moment they drove up. Both admit that he was obviously very badly burned, that he had skin hanging from his body. Both say they knew he was unarmed (where ever would he have hidden any weapon?). They described him, in their own words, as being "catatonic," and "in shock." Both acknowledge that, when they approached him, he was sitting quietly in the road. He was posing no threat to anyone. And yet, rather than calling for medical help and waiting for it to arrive, they savagely attacked this poor man as he sat there more vulnerable than any human should ever be.
According to all witnesses, and even to the officers themselves, they leapt out of the car and assaulted Fouad with tasers. One witness told me that they jumped out like Starskey and Hutch, ran over to him and started barking and hollering orders, and then just started tazing him within seconds. Their story is a little different, though not much. They make it sound like they tried to reason with him for awhile first, but even they admit that he never even got up, never raised a hand, before they started searing his already seared flesh with taser barbs. The facts support the witnesses' stories more than theirs, in that the killing took place within seconds. He never made a threatening move, or even so much as a rude gesture. All he did was sit there, unable to comprehend what they were saying. And 28 seconds after they leapt out of their car, he was dead.
They say that they demanded that he lie face-down on the ground, and when he did not comply, they tased him. This "non-compliance," that is the "combative" part of the story we keep hearing. But even both police officers admit that he did not follow their orders because he was not able to. He was catatonic. He was in shock. He was confused. They admit this. And yet, they continue to claim that tasers were appropriate to use when he did not comply. Unbelievable. Even just the fact that they demanded him to lie face down in the first place is inexcusable in my opinion. Remember, this is a guy whose skin was burned almost to the bone. Didn't these people ever take a first aid class? And if not, they what business do they have answering a call like this in the first place?
They tasered him repeatedly. They never gave him a chance to comply. They demanded that he lie down, and then that he "go over there and lie down." (They were directing him to a yard on the side of the road.) Throughout the tasing, he never tried to hurt them, never resisted in any way other than just not to "go over there and lie down." And how could he have complied anyway, as they never stopped tasing him long enough to allow him to do so. The officers describe him as "convulsing" and reacting to the taser as anyone would. Yet the media story is that he was "unfazed by 50,000 volts from a stun gun." Makes him sound like a real, scary monster, doesn't it. And that's the plan.
A witness told me that he heard Fouad begging the police not to tase him. "Please don't, please don't," he repeated. But they did not stop. After being tased and tased and tased, he finally leapt up and tried to get away from the pain, but the officers followed him and tased him again. On another interesting side note, when they tased him this time, he may actually have been attempted to comply with their demands. Because he was trying to run in the direction of the yard they had just told him to "go over there" to. In any event, when they followed him and hit him again with the taser, he turned and tried to go the other way. Blocked by the police car, he climbed up onto it, still in a daze. That is when they shot him to death.
According to Robert Montgomery, who was standing right there, it was so fast he could not believe what he saw. He said there was "no possible justification" for what they did. And here, again, is an interesting detail for anyone who really cares what happened, which the corporate media obviously did not. Because in their statements, both officers repeat an intriguing mantra. Both claim, repeatedly, that right before they shot him, Fouad screamed, "I'm gonna kill you, I'm gonna kill you." Strangely, both officers repeat this in the same, dull monotone every time they say it. As if memorized from a cue card rather than experienced from real life. And strangely, nine other witnesses who were close enough to see and hear the entire incident did NOT hear Fouad make this threat. No one, other than the officers themselves, heard him threaten their lives. Hmmmm.
Why didn't the corporate media see that? It was right there in the police reports. Why did they report the threat, but not the apparent contradiction of the facts? Why did they tell us what the police claimed, without telling us that this claim was an obvious lie? These are questions we must ask ourselves.
In fact, even if he had screamed out such a threat, it would have been irrelevant. Because he was one, small man. He was naked, and burned, and in shock. He was unarmed. He had no way to hurt them. Both officers outweighed him by a substantial margin. Aside from the guns and the tasers in their hands, Bergin actually had guns stuffed in every available orafice. Shit, he even had a gun in his fat little boot. How are we to believe that they could have "feared for their lives," as they claim? How? It is simply not possible that a reasonable person would have thought it necessary to shoot and kill Mr. Kaady under these circumstances. No, such a threat would not have justified this murder, even if he had made it. But the facts show that he did not even say this. They are lying. And if they are lying, then obviously they know that there is no justification for crime they committed. Why doesn't the corporate media say so?
"Kaady, a suspect in three hit-and-run crashes on the day of his death, was bloody, naked, combative and unfazed by 50,000 volts from a stun gun, when he leapt atop a patrol car and threatened to kill Willard, police said. A Clackamas County grand jury later cleared both officers of wrongdoing."
This is how the corporate media apologists describe the killing. And this is all most people know. This is why it is so hard to find justice. Because these things are framed by the corporate police state, and they are skillfully spun in a manner that makes people not care. The story is everything, and if they can control the story, then they can control the outcome. That is why it is up to us to reclaim our voices and tell the real stories.
In fact, the story of the killing of Fouad Kaady is very different than the strangely dispassionate words in this blurp would suggest. For those who have forgotten, here is what really happened.
Fouad Kaady was driving down the road when he caught fire. It is the belief of many members of his family that he had been transporting gasoline in his mother's car because his truck had run out of gas. This fact is supported by witnesses who observed that the pickup truck he had been driving had apparently run out of gas in front of a local business earlier in the day, and had been towed away. Kaady was seen heading back toward home, to get his mother's car. Witnesses at the tow yard reported that the truck was out of gas. So it does, indeed, appear likely that he had been transporting gasoline, and as he was a smoker, that is probably what sparked the flames. In any event, however it happened, a fire ignited as he was driving the car. We know this, because the fire touched off several small grass fires along the road he was traveling. In addition, at least one witness reported seeing the windows of his car black with smoke as he drove past.
As he was flailing about trying to put out the fire, his car struck another car (driven by Tiffany Stenko), and then another. Moments later, with the cab of his car filled with smoke and fire, he went off the road and crashed into a small wooded area. I almost feel it too obvious to add that most people would not be able to drive much better than he did, if they were on fire. But the corporate media and the police agencies involved in his killing continue to harp on the alleged "hit and runs" that occurred as he was struggling to put out the flames. Whatever.
When the car finally stopped, Fouad got out in a daze. Witnesses note that he was burned over his entire body from the waste up, and that he was bloody and confused. He apparently suffered injuries in the crash, aside from the burns that were so severe that flesh was literally hanging from his body. He was in shock, as is normal when the body suffers this kind of trauma. And, as is often the case when people are in shock, he was confused and not acting very coherent. This is not because he was some drug-crazed weirdo as the media has repeatedly implied. It is because that is how people react when they are injured.
It is at this point that an interesting side detail emerges. Because almost every account of this event in the corporate media makes reference to a "good samaritan" who supposedly "tried to help," but was "kicked in the chest" by Fouad. This helps to build the scary image of Fouad that the media created, the one the public was expected not to empathize with. But there is a strange smell in this story, if one digs for it. Because the "good samaritan" was hiding something. He disappeared into the woods after Mr.Kaady, and when he came out his hands were covered with blood. It was his story to the police that he was bloody because Fouad kicked at him, and he grabbed Fouad's foot to protect himself. No one else saw what happened. The stench starts rising only later, if one digs a little more than anyone in the mainstream media or the police force did. Because as it happens, this "good samaritan" was one Ronald Poirier. He did not tell anyone at the scene, not even the police, that he is in fact Tiffany Stenko's uncle. Remember, she was the woman whose car was initially struck by Mr. Kaady's car. Hmmm. What are the odds that Mr. Poirier just happened to be around right then, just happened to be available to follow Mr. Kaady into the woods to "help" him like that, just happened to forget to mention to the police his relationship to the woman involved in the initial accident? Hmmmm. And yes, Ms. Stenko had a cell phone, and had contacted at least one member of her family prior to Mr. Poirier's fortuitous appearance. Seems odd that the corporate media would continue to refer to a "good samaritan" without asking any questions about this little detail. Unless their purpose is really just to make people believe that this guy was an iredeemable freak who "had it coming," the way the police want us to believe.
After this, Fouad wandered away from the scene. (This is the "run" in the "hit and run" story.) He wandered off down a dirt road through a nearby nursery, and just kept going. People began calling 911 to report him, as he was obviously not well. Injured, losing blood, confused and in shock, his behavior was indeed odd. As anyone's would be under the circumstances. And yes, he was naked. He had been dressed earlier that day, but something about being on fire can leave one looking disheveled and not as socially acceptable as people who weren't nearly burned to death a few minutes before. Go figure.
After awhile, Fouad came to a nursery, where a man named Robert Montgomery was just closing up the door of his semi truck. Mr. Montgomery saw Fouad weaving up the street toward him, and then saw him just sit down in the road, obviously very badly injured. Another witness, Elaine Thornlimb also saw this, as she had been following Fouad down the street to look after him. When he sat down, she stopped her SUV and watched. Dozens of nursery workers also saw what was happening. Moments later, a police car came careening up the road, and almost drove right past Fouad, as he sat there on the pavement. One of the witnesses waved them back, hoping the the cops were there to help this man. It's a common mistake.
And this is the part that makes me sick to my soul. Because both officers, in their own words, have admitted that they could see how badly injured Fouad was from the moment they drove up. Both admit that he was obviously very badly burned, that he had skin hanging from his body. Both say they knew he was unarmed (where ever would he have hidden any weapon?). They described him, in their own words, as being "catatonic," and "in shock." Both acknowledge that, when they approached him, he was sitting quietly in the road. He was posing no threat to anyone. And yet, rather than calling for medical help and waiting for it to arrive, they savagely attacked this poor man as he sat there more vulnerable than any human should ever be.
According to all witnesses, and even to the officers themselves, they leapt out of the car and assaulted Fouad with tasers. One witness told me that they jumped out like Starskey and Hutch, ran over to him and started barking and hollering orders, and then just started tazing him within seconds. Their story is a little different, though not much. They make it sound like they tried to reason with him for awhile first, but even they admit that he never even got up, never raised a hand, before they started searing his already seared flesh with taser barbs. The facts support the witnesses' stories more than theirs, in that the killing took place within seconds. He never made a threatening move, or even so much as a rude gesture. All he did was sit there, unable to comprehend what they were saying. And 28 seconds after they leapt out of their car, he was dead.
They say that they demanded that he lie face-down on the ground, and when he did not comply, they tased him. This "non-compliance," that is the "combative" part of the story we keep hearing. But even both police officers admit that he did not follow their orders because he was not able to. He was catatonic. He was in shock. He was confused. They admit this. And yet, they continue to claim that tasers were appropriate to use when he did not comply. Unbelievable. Even just the fact that they demanded him to lie face down in the first place is inexcusable in my opinion. Remember, this is a guy whose skin was burned almost to the bone. Didn't these people ever take a first aid class? And if not, they what business do they have answering a call like this in the first place?
They tasered him repeatedly. They never gave him a chance to comply. They demanded that he lie down, and then that he "go over there and lie down." (They were directing him to a yard on the side of the road.) Throughout the tasing, he never tried to hurt them, never resisted in any way other than just not to "go over there and lie down." And how could he have complied anyway, as they never stopped tasing him long enough to allow him to do so. The officers describe him as "convulsing" and reacting to the taser as anyone would. Yet the media story is that he was "unfazed by 50,000 volts from a stun gun." Makes him sound like a real, scary monster, doesn't it. And that's the plan.
A witness told me that he heard Fouad begging the police not to tase him. "Please don't, please don't," he repeated. But they did not stop. After being tased and tased and tased, he finally leapt up and tried to get away from the pain, but the officers followed him and tased him again. On another interesting side note, when they tased him this time, he may actually have been attempted to comply with their demands. Because he was trying to run in the direction of the yard they had just told him to "go over there" to. In any event, when they followed him and hit him again with the taser, he turned and tried to go the other way. Blocked by the police car, he climbed up onto it, still in a daze. That is when they shot him to death.
According to Robert Montgomery, who was standing right there, it was so fast he could not believe what he saw. He said there was "no possible justification" for what they did. And here, again, is an interesting detail for anyone who really cares what happened, which the corporate media obviously did not. Because in their statements, both officers repeat an intriguing mantra. Both claim, repeatedly, that right before they shot him, Fouad screamed, "I'm gonna kill you, I'm gonna kill you." Strangely, both officers repeat this in the same, dull monotone every time they say it. As if memorized from a cue card rather than experienced from real life. And strangely, nine other witnesses who were close enough to see and hear the entire incident did NOT hear Fouad make this threat. No one, other than the officers themselves, heard him threaten their lives. Hmmmm.
Why didn't the corporate media see that? It was right there in the police reports. Why did they report the threat, but not the apparent contradiction of the facts? Why did they tell us what the police claimed, without telling us that this claim was an obvious lie? These are questions we must ask ourselves.
In fact, even if he had screamed out such a threat, it would have been irrelevant. Because he was one, small man. He was naked, and burned, and in shock. He was unarmed. He had no way to hurt them. Both officers outweighed him by a substantial margin. Aside from the guns and the tasers in their hands, Bergin actually had guns stuffed in every available orafice. Shit, he even had a gun in his fat little boot. How are we to believe that they could have "feared for their lives," as they claim? How? It is simply not possible that a reasonable person would have thought it necessary to shoot and kill Mr. Kaady under these circumstances. No, such a threat would not have justified this murder, even if he had made it. But the facts show that he did not even say this. They are lying. And if they are lying, then obviously they know that there is no justification for crime they committed. Why doesn't the corporate media say so?
Tuesday, September 5, 2006
Kaady Civil Rights Complaint
Here is the PDF file of the civil complaint filed by the Kaady family September 5, 2006
http://stream.paranode.com/imc/portland/media/2006/09/345612.pdf
http://stream.paranode.com/imc/portland/media/2006/09/345612.pdf
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