Burned! - Once Again, A Grand Jury Excuses Police Shooting

from the Portland Mercury

This much is known: Fouad Kaady, a 27-year-old Gresham man, was involved in at least one auto accident in Sandy on September 8. That collision possibly ignited a gas can in his car, which left him badly burned and with a head injury. Shortly thereafter, the young man was found walking naked down the street.

But when police arrived on the scene, instead of treating Kaady for medical concerns, they began treating him like a criminal, ordering him to lie down on the pavement. (One witness said that Kaady's skin was hanging off in places, and that he sat instead of lying on the ground.)

When officers were unable to force Kaady to lie on the ground, they shot him with a taser gun, which apparently only caused him to act more wildly. Moments later, he climbed to the top of a squad car. In response, at least one of the officers fired at him. Kaady died at the scene.

Immediate news reports said the officers thought Kaady might be armed, although they didn't offer any details as to where a naked man would conceal a weapon.

In response, a grand jury convened in Clackamas County for five days last week, examining evidence and listening to witness testimony. Each day, protestors gathered outside the Oregon City courthouse and witnesses steadfastly told media outlets that they believed the shooting to be unjustified. But on Monday, the grand jury ruled that there wasn't enough evidence to pursue a criminal charge, meaning the officers won't stand trial for Kaady's death.

At press time, it was unclear if Kaady's family will file a wrongful death civil lawsuit. It was also unclear if either the Sandy police or Clackamas County sheriff's office plans to conduct an internal investigation.

The shooting again calls into question the grand jury hearing and process. Under current state law, the court's records will remain sealed. During the recent legislative session, State Senator Avel Gordley (D-Portland), spurred on by the 2003 Kendra James shootings, tried to pass a law that would have allowed public access to grand jury records. That bill failed.