from the Oregonian
The Oregonian has called for a public inquest into the death of Fouad Kaady (editorial, Nov. 1). A grand jury has already listened carefully to the sworn testimony of 40 witnesses and visited the scene of the shooting. In addition, Clackamas County Sheriff Craig Roberts released the police reports after the grand jury's decision.
I do not believe a public inquest would further the important discussion that is ongoing about officer-involved shootings. Under Oregon statutes, a public inquest may be ordered to determine the "cause and manner of death." In this case, those are well known. Furthermore, a public inquest is a flawed legal process. The statutes do not clearly state whether the rules of evidence apply or who may participate. An inquest can turn into a forum to air grievances or personal opinions.
In the last legislative session, Senate Bill 301 would have required that grand jury proceedings in officer-involved shooting deaths be transcribed and made public. Unfortunately, it didn't pass. It would have provided a better way to inform the public. I encourage our legislators to approve it in the next session.
JOHN S. FOOTE
District Attorney
Clackamas County
Thursday, November 9, 2006
Defusing crises dispelling myths
from the Oregonian
Two years ago deputies responding to a call of a resident disturbing the peace shot and killed the woman after she charged them with a knife. The residents, a Clackamas County mental health worker has advised the deputies, are still a little on edge.
The visit is part of the sheriff's office's third semiannual training devoted to teaching officers how to better handle encounters involving people who are mentally ill, who often don't respond well to traditional police commands and techniques and who might act unpredictably at times of crisis.
The sessions begins.
A woman with ice-blue eyes and bangs pinned back with a sparkly clip asks the deputies why they have to carry guns. Guns, she says, petrify her. She's seen what police do with them on TV.
The police officers assure her they use their guns only in true emergencies --not like the actors on TV.
Another resident wants to know whether police stereotype mentally ill people.
"Do you automatically put us in a box?" she asks.
"Do you think mentally ill people have hotter tempers than other people?" asks another.
And another resident chimes in: "Don't you have a code --1151 or something --to refer to us?"
"It's 1234," answers one of the deputies, adding that the categorization is only used so police can better help the person in mental crisis. "The police officer will hear that and start asking questions: 'How are you doing?' 'What do you need?' "
By the end of the exchange, the room appears to have warmed some. The residents appear a little more relaxed, and the police officers, too.
The training --known as Crisis Intervention Training --was held late last month. It is the third since Clackamas County Sheriff Craig Roberts took office in January 2005 and said his office must better equip deputies to deal with the increasing number of calls about people in mental crisis.
Roberts said he recognized the need a few years ago as a detective when he responded to the call near Oregon 212 in the Boring area. Roberts showed up to find a suicidal man who'd doused himself with two cans of gasoline and was holding a cigarette lighter.
"I thought 'This is absurd,' " said Roberts, realizing he didn't have training to draw upon. Roberts was able to talk the man into surrendering but felt he was grasping for what to say or do.
Jail data show that as many as 28 percent of Clackamas County Jail inmates have a diagnosed mental illness. But officials say the true percentage of inmates who have mental illnesses --diagnosed or not --is probably much higher.
Sgt. Nick Watt, who helped developed the crisis intervention course, estimates that 50 percent of the calls he responds to involve someone with mental health issues a suicidal person, a car thief on mind-altering methamphetamine, or a combative person yelling at anyone who passes by.
The dangers of police encounters with mentally ill people have been highlighted recently by high-profile incidents in the Portland area, including the September death in police custody of James P. Chasse Jr., a man police thought was on drugs or drunk but who actually suffered from schizophrenia.
In Clackamas County, there have been several incidents in which police shot and killed people acting irrationally or exhibiting mental problems --including Clint Carey, a 24-year-old Carver man who in 2005 duct-taped a knife to his hand and then charged at deputies; Fouad Kaady, a 27-year-old Gresham man who was reportedly growling, naked and non-compliant to police commands in 2005; and Joyce Staudenmaier, the Chez Ami resident shot in 2004, who had battled schizophrenia for nearly three decades.
Clackamas County's 40-hour class teaches participants about the gamut of mental illnesses and the drugs used to treat them. Participants hear mental health experts' advice on how police should approach and speak to people with mental disorders. They also act out scenarios they might encounter in the field.
Portland, and in more recent years, Washington and Marion counties, also have crisis intervention training. Portland Mayor Tom Potter recently said he wants every patrol officer on the Portland Police force to go through the city's 40-hour course, which during the past 12 years has been voluntary.
And starting in January, the state's police academy will increase classroom instruction on how to interact with mentally ill people from three hours to 12. Students seeking a basic police officer certification also will undergo eight to 10 hours of scenario-based training.
In Clackamas County, 75 members of law enforcement --including about three dozen sheriff's deputies and three dozen officers from police departments including Lake Oswego, Oregon City, Canby and Sandy --have been through the sheriff's training. Roberts said his goal is to train all 91 of his patrol deputies in the next few years. So far, he's about a third of the way there.
Sharing experiences
After a few days of intensive classroom training, the Clackamas County class breaks into small groups to tour apartments and group homes of people with mental illnesses; Portland Adventist's psychiatric ward, where police often bring people who are threatening to harm themselves or others; and the Hooper detox center in Portland, where police drop off people intoxicated by drugs or alcohol.
The visits give officers opportunities to interact with people with mental illnesses and those who treat them.
A Milwaukie group home manager tells visiting officers that it's a good idea to turn off overhead lights and sirens when responding to incidents at her group home. Lights and sirens can stir bad memories.
A woman who suffers from depression tells officers that she doesn't like handcuffs because they make her feel like a criminal. And a man tells officers that a little bit of leeway goes a long way with him --he still remembers the officer who let him keep his chewing tobacco in his mouth as he was driving to jail.
At the Chez Ami Apartments, resident Susan Funk tells the deputies that she's happy to talk to them about her police encounters because she wants them to see what she's like 80 percent of the year.
"You only know me when I'm freaking out, and that's why I come to these (trainings)," says Funk, 40, who was diagnosed 17 years ago with bipolar disorder.
Funk is clear-headed, witty and pointed in her conversation with deputies. She says if they happen to encounter her on a bad day, they should try to treat her with respect. She doesn't respond well to harsh commands or force.
"Try to be nice to me if you can," she said. "Try not to corner me. Because that would make me feel like I want to fight and struggle."
Funk also shares her take on the small number of police encounters that go bad.
"It's not only a failure of police," Funk says. "It's also a failure of family, the community and the mental health staff who have not been able to intervene."
Not just a police issue
Funk's statements about mental health officials, family and friends stepping in before a person with mental illness reaches a state of crisis ring true with Watt, who helped develop the class. Watt, the Clackamas sergeant who helped develop the program, says that clearly many people who need help aren't getting or seeking the help --and police are the ones called at the last minute when mentally ill people act out in troubling ways.
Officers can't force a mentally ill person to seek treatment unless that person is presenting a safety threat. In those cases, police try to find a hospital placement, but Watt says too often beds at Portland-area hospitals are full. Once, Watt says, the only bed he could find for an emotionally disturbed person was in Roseburg, 175 miles south.
What's more, admittance to a hospital for psychiatric help might only be a short-term fix, because psychiatric staff release the person once the immediate threat has passed. Too often, mental health experts say, people refuse additional treatment.
Police and mental health officials attribute the rise in mental health-related calls to a fundamental change in philosophy about how to treat people. People with severe mental illnesses used to be institutionalized, said Jessica Leitner, program manager for the county's behavioral health division.
But closing Dammasch State Hospital in the mid-1990s signaled a change in that philosophy in Oregon: Mental health experts came to believe that people with mental health issues were best placed in smaller community treatment facilities, group homes or their own homes.
Having more people with mental health issues living in the community, however, makes contacts with local police more likely.
Eric Cederholm, who has been diagnosed with chronic depression and post-traumatic stress disorder, was eager to talk to crisis-intervention class participants during their visit to his Milwaukie group home. He wants to offer them support.
While training is good, he said, he wants them to know that they won't always be able to talk a mentally ill person through a crisis.
Cederholm said he was determined to die in June 2005 when he pointed a gun at a Milwaukie Police officer, and the officer shot him in the arm, narrowly missing his chest. He still has the scar.
"I was hell-bent," Cederholm tells the class participants. "Some poor (guy) had to shoot me. I'm sure it ruined his day."
Two years ago deputies responding to a call of a resident disturbing the peace shot and killed the woman after she charged them with a knife. The residents, a Clackamas County mental health worker has advised the deputies, are still a little on edge.
The visit is part of the sheriff's office's third semiannual training devoted to teaching officers how to better handle encounters involving people who are mentally ill, who often don't respond well to traditional police commands and techniques and who might act unpredictably at times of crisis.
The sessions begins.
A woman with ice-blue eyes and bangs pinned back with a sparkly clip asks the deputies why they have to carry guns. Guns, she says, petrify her. She's seen what police do with them on TV.
The police officers assure her they use their guns only in true emergencies --not like the actors on TV.
Another resident wants to know whether police stereotype mentally ill people.
"Do you automatically put us in a box?" she asks.
"Do you think mentally ill people have hotter tempers than other people?" asks another.
And another resident chimes in: "Don't you have a code --1151 or something --to refer to us?"
"It's 1234," answers one of the deputies, adding that the categorization is only used so police can better help the person in mental crisis. "The police officer will hear that and start asking questions: 'How are you doing?' 'What do you need?' "
By the end of the exchange, the room appears to have warmed some. The residents appear a little more relaxed, and the police officers, too.
The training --known as Crisis Intervention Training --was held late last month. It is the third since Clackamas County Sheriff Craig Roberts took office in January 2005 and said his office must better equip deputies to deal with the increasing number of calls about people in mental crisis.
Roberts said he recognized the need a few years ago as a detective when he responded to the call near Oregon 212 in the Boring area. Roberts showed up to find a suicidal man who'd doused himself with two cans of gasoline and was holding a cigarette lighter.
"I thought 'This is absurd,' " said Roberts, realizing he didn't have training to draw upon. Roberts was able to talk the man into surrendering but felt he was grasping for what to say or do.
Jail data show that as many as 28 percent of Clackamas County Jail inmates have a diagnosed mental illness. But officials say the true percentage of inmates who have mental illnesses --diagnosed or not --is probably much higher.
Sgt. Nick Watt, who helped developed the crisis intervention course, estimates that 50 percent of the calls he responds to involve someone with mental health issues a suicidal person, a car thief on mind-altering methamphetamine, or a combative person yelling at anyone who passes by.
The dangers of police encounters with mentally ill people have been highlighted recently by high-profile incidents in the Portland area, including the September death in police custody of James P. Chasse Jr., a man police thought was on drugs or drunk but who actually suffered from schizophrenia.
In Clackamas County, there have been several incidents in which police shot and killed people acting irrationally or exhibiting mental problems --including Clint Carey, a 24-year-old Carver man who in 2005 duct-taped a knife to his hand and then charged at deputies; Fouad Kaady, a 27-year-old Gresham man who was reportedly growling, naked and non-compliant to police commands in 2005; and Joyce Staudenmaier, the Chez Ami resident shot in 2004, who had battled schizophrenia for nearly three decades.
Clackamas County's 40-hour class teaches participants about the gamut of mental illnesses and the drugs used to treat them. Participants hear mental health experts' advice on how police should approach and speak to people with mental disorders. They also act out scenarios they might encounter in the field.
Portland, and in more recent years, Washington and Marion counties, also have crisis intervention training. Portland Mayor Tom Potter recently said he wants every patrol officer on the Portland Police force to go through the city's 40-hour course, which during the past 12 years has been voluntary.
And starting in January, the state's police academy will increase classroom instruction on how to interact with mentally ill people from three hours to 12. Students seeking a basic police officer certification also will undergo eight to 10 hours of scenario-based training.
In Clackamas County, 75 members of law enforcement --including about three dozen sheriff's deputies and three dozen officers from police departments including Lake Oswego, Oregon City, Canby and Sandy --have been through the sheriff's training. Roberts said his goal is to train all 91 of his patrol deputies in the next few years. So far, he's about a third of the way there.
Sharing experiences
After a few days of intensive classroom training, the Clackamas County class breaks into small groups to tour apartments and group homes of people with mental illnesses; Portland Adventist's psychiatric ward, where police often bring people who are threatening to harm themselves or others; and the Hooper detox center in Portland, where police drop off people intoxicated by drugs or alcohol.
The visits give officers opportunities to interact with people with mental illnesses and those who treat them.
A Milwaukie group home manager tells visiting officers that it's a good idea to turn off overhead lights and sirens when responding to incidents at her group home. Lights and sirens can stir bad memories.
A woman who suffers from depression tells officers that she doesn't like handcuffs because they make her feel like a criminal. And a man tells officers that a little bit of leeway goes a long way with him --he still remembers the officer who let him keep his chewing tobacco in his mouth as he was driving to jail.
At the Chez Ami Apartments, resident Susan Funk tells the deputies that she's happy to talk to them about her police encounters because she wants them to see what she's like 80 percent of the year.
"You only know me when I'm freaking out, and that's why I come to these (trainings)," says Funk, 40, who was diagnosed 17 years ago with bipolar disorder.
Funk is clear-headed, witty and pointed in her conversation with deputies. She says if they happen to encounter her on a bad day, they should try to treat her with respect. She doesn't respond well to harsh commands or force.
"Try to be nice to me if you can," she said. "Try not to corner me. Because that would make me feel like I want to fight and struggle."
Funk also shares her take on the small number of police encounters that go bad.
"It's not only a failure of police," Funk says. "It's also a failure of family, the community and the mental health staff who have not been able to intervene."
Not just a police issue
Funk's statements about mental health officials, family and friends stepping in before a person with mental illness reaches a state of crisis ring true with Watt, who helped develop the class. Watt, the Clackamas sergeant who helped develop the program, says that clearly many people who need help aren't getting or seeking the help --and police are the ones called at the last minute when mentally ill people act out in troubling ways.
Officers can't force a mentally ill person to seek treatment unless that person is presenting a safety threat. In those cases, police try to find a hospital placement, but Watt says too often beds at Portland-area hospitals are full. Once, Watt says, the only bed he could find for an emotionally disturbed person was in Roseburg, 175 miles south.
What's more, admittance to a hospital for psychiatric help might only be a short-term fix, because psychiatric staff release the person once the immediate threat has passed. Too often, mental health experts say, people refuse additional treatment.
Police and mental health officials attribute the rise in mental health-related calls to a fundamental change in philosophy about how to treat people. People with severe mental illnesses used to be institutionalized, said Jessica Leitner, program manager for the county's behavioral health division.
But closing Dammasch State Hospital in the mid-1990s signaled a change in that philosophy in Oregon: Mental health experts came to believe that people with mental health issues were best placed in smaller community treatment facilities, group homes or their own homes.
Having more people with mental health issues living in the community, however, makes contacts with local police more likely.
Eric Cederholm, who has been diagnosed with chronic depression and post-traumatic stress disorder, was eager to talk to crisis-intervention class participants during their visit to his Milwaukie group home. He wants to offer them support.
While training is good, he said, he wants them to know that they won't always be able to talk a mentally ill person through a crisis.
Cederholm said he was determined to die in June 2005 when he pointed a gun at a Milwaukie Police officer, and the officer shot him in the arm, narrowly missing his chest. He still has the scar.
"I was hell-bent," Cederholm tells the class participants. "Some poor (guy) had to shoot me. I'm sure it ruined his day."
Thursday, October 26, 2006
Portland Residents Protest Police Killings
from BreakTheChains.info
Around fifty people gathered at the North Park Blocks in
downtown Portland today to protest police brutality and the recent
death of James Chasse who died in police custody. The event was held
in conjunction with similar events around the country to highlight
police abuses, but was organized autonomously of the national
coalition. Most participants dressed in black to show support for the
families of people killed by police.
People started banging on plastic bucket drums and a parade formed
behind the banner "Cops and Klan go hand in hand." People paraded
through downtown streets chanting against police abuse and the system
that fosters it. Portland police remained mostly out of sight except
for a few plainclothes officers videotaping the crowd.
The parade ended in Pioneer Square where people unrelated to protest
held signs reading "free hugs." Many people accepted the free hugs.
People soon gathered again to talk about police abuse and why they
were there. The names of people killed by the police in the Portland
area were announced over the megaphone. One man spoke in detail about
how his cousin Fouad Kaady was murdered by police. These speeches
attracted more people from the square who were curious what was going
on.
The event ended without incident. Some participants expressed the
need to do more outreach and education to get more people involved in
the future. Others expressed the continued importance of people
standing in solidarity with the families and friends of people
victimized by the police.
Around fifty people gathered at the North Park Blocks in
downtown Portland today to protest police brutality and the recent
death of James Chasse who died in police custody. The event was held
in conjunction with similar events around the country to highlight
police abuses, but was organized autonomously of the national
coalition. Most participants dressed in black to show support for the
families of people killed by police.
People started banging on plastic bucket drums and a parade formed
behind the banner "Cops and Klan go hand in hand." People paraded
through downtown streets chanting against police abuse and the system
that fosters it. Portland police remained mostly out of sight except
for a few plainclothes officers videotaping the crowd.
The parade ended in Pioneer Square where people unrelated to protest
held signs reading "free hugs." Many people accepted the free hugs.
People soon gathered again to talk about police abuse and why they
were there. The names of people killed by the police in the Portland
area were announced over the megaphone. One man spoke in detail about
how his cousin Fouad Kaady was murdered by police. These speeches
attracted more people from the square who were curious what was going
on.
The event ended without incident. Some participants expressed the
need to do more outreach and education to get more people involved in
the future. Others expressed the continued importance of people
standing in solidarity with the families and friends of people
victimized by the police.
Monday, October 9, 2006
Local police fire back on shooting rules
from the Oregonian
Last week I wrote about a former policeman who questioned whether police these days are trained to worry too much about their own welfare.
Several local policemen responded that officers are not paid to get hurt or die. Wrote one: "Bottom line, when people arm themselves with knives or other weapons, and refuse to follow commands given to them by officers, they are likely to be shot before they can take action to harm or kill an officer. That is how it should be."
Jeff Leighty, a 20-year veteran and president of the Oregon State Police Officers' Association, e-mailed that in response to my column he'd canceled his subscription to The Oregonian.
By that logic, we should all vote against police levies simply because we disagree with something cops have done.
The truth is, both sides of the debate about shootings involving officers seem frozen in their own beliefs.
When I wrote, last year, that I understood the difficult spot cops found themselves in during the odd string of events that led to the tragic fatal police shooting of 27-year-old Fouad Kaady in Sandy, I got many angry responses about my blind allegiance to police.
One of the people who disagreed with me about that shooting was Ray O'Driscoll, the former San Francisco Bay Area policeman I wrote about last week.
Many current and former police officers were upset I allowed O'Driscoll, whose 12 years of police work came 30 years ago, to question current police training.
Of course, it makes no difference whether O'Driscoll was ever a cop. His questions are reasonable questions long debated by deadly force experts.
One of the nation's most prominent researchers in police training and accountability, James Fyfe, was serving as deputy commissioner for training of the New York Police Department when he died last year. Earlier in his career, Fyfe put in 16 years of patrol work that earned him seven NYPD citations.
In between his two stints at the NYPD, Fyfe was a professor of criminal justice at three colleges and wrote seven books about police work.
Fyfe was a perpetual critic of police training, saying it over-emphasizes the dangers of police work, which he found to be far safer than everything from bartending to construction. And he found that police guidelines are rarely specific enough about when to use deadly force or what the repercussions will be for misusing it. As a result, Fyfe said police often perceive danger where there is none and fire away.
Fyfe's studies concluded that there is little relationship between the number of people police shoot and how safe the police, or the public, are.
Fyfe believed the way to create more useful police standards is for communities to be outspoken about what they want and what they will not tolerate.
If communities don't force cops to include citizens in the discussion, nothing is likely to change, Fyfe said.
Of the dozens of responses I got from cops last week, only retired Portland policeman Jim Powell seemed interested in discussing the issue.
A 26-year veteran, he was a firearms and defensive tactics instructor and served as one of eight regional training coordinators in Oregon.
He didn't like my column. But after his anger cooled, he wanted to talk.
Powell, like Fyfe, believes police training can always improve. But he believes local police are carefully trained to consider all their other options before they pull the trigger.
He's never favored any type of citizen review committee to look at shootings involving officers. Still, he agrees that police policies must mirror what the community wants.
But public input, he says, "needs to occur on the front end," not during the public outcry after police shoot and kill.
I don't agree with everything Powell said. He doesn't agree with everything I said. But we've agreed to continue the conversation.
It may not lead anywhere at all.
But it beats dropping a subscription or refusing to pay for police.
Last week I wrote about a former policeman who questioned whether police these days are trained to worry too much about their own welfare.
Several local policemen responded that officers are not paid to get hurt or die. Wrote one: "Bottom line, when people arm themselves with knives or other weapons, and refuse to follow commands given to them by officers, they are likely to be shot before they can take action to harm or kill an officer. That is how it should be."
Jeff Leighty, a 20-year veteran and president of the Oregon State Police Officers' Association, e-mailed that in response to my column he'd canceled his subscription to The Oregonian.
By that logic, we should all vote against police levies simply because we disagree with something cops have done.
The truth is, both sides of the debate about shootings involving officers seem frozen in their own beliefs.
When I wrote, last year, that I understood the difficult spot cops found themselves in during the odd string of events that led to the tragic fatal police shooting of 27-year-old Fouad Kaady in Sandy, I got many angry responses about my blind allegiance to police.
One of the people who disagreed with me about that shooting was Ray O'Driscoll, the former San Francisco Bay Area policeman I wrote about last week.
Many current and former police officers were upset I allowed O'Driscoll, whose 12 years of police work came 30 years ago, to question current police training.
Of course, it makes no difference whether O'Driscoll was ever a cop. His questions are reasonable questions long debated by deadly force experts.
One of the nation's most prominent researchers in police training and accountability, James Fyfe, was serving as deputy commissioner for training of the New York Police Department when he died last year. Earlier in his career, Fyfe put in 16 years of patrol work that earned him seven NYPD citations.
In between his two stints at the NYPD, Fyfe was a professor of criminal justice at three colleges and wrote seven books about police work.
Fyfe was a perpetual critic of police training, saying it over-emphasizes the dangers of police work, which he found to be far safer than everything from bartending to construction. And he found that police guidelines are rarely specific enough about when to use deadly force or what the repercussions will be for misusing it. As a result, Fyfe said police often perceive danger where there is none and fire away.
Fyfe's studies concluded that there is little relationship between the number of people police shoot and how safe the police, or the public, are.
Fyfe believed the way to create more useful police standards is for communities to be outspoken about what they want and what they will not tolerate.
If communities don't force cops to include citizens in the discussion, nothing is likely to change, Fyfe said.
Of the dozens of responses I got from cops last week, only retired Portland policeman Jim Powell seemed interested in discussing the issue.
A 26-year veteran, he was a firearms and defensive tactics instructor and served as one of eight regional training coordinators in Oregon.
He didn't like my column. But after his anger cooled, he wanted to talk.
Powell, like Fyfe, believes police training can always improve. But he believes local police are carefully trained to consider all their other options before they pull the trigger.
He's never favored any type of citizen review committee to look at shootings involving officers. Still, he agrees that police policies must mirror what the community wants.
But public input, he says, "needs to occur on the front end," not during the public outcry after police shoot and kill.
I don't agree with everything Powell said. He doesn't agree with everything I said. But we've agreed to continue the conversation.
It may not lead anywhere at all.
But it beats dropping a subscription or refusing to pay for police.
Tuesday, September 26, 2006
Ore. case said to raise questions about police training
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.
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.
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
Subscribe to:
Posts (Atom)
