from the Oregonian
A Clackamas County grand jury Monday voted not to indict a sheriff's deputy and a Sandy police officer who fatally shot a 27-year-old Gresham man last month.
Fouad Kaady died Sept. 8 of gunshot wounds on a rural highway north of Sandy after a bizarre chain of events.
Clackamas County District Attorney John Foote said the six-person jury heard testimony from at least 40 witnesses and visited the scene of the shooting last week.
"It was a challenging case, and the grand jury wanted to hear all the evidence," Foote said. "The grand jury members did not find that they were convinced beyond a reasonable doubt that there was evidence that a crime had been committed by these police officers. Their decision today deserves our respect and consideration."
Foote said at least five of the grand jurors, whose vote tally remains private, would have needed to vote "yes" to indict the two officers: Sandy police Officer William J. Bergin, 24, and Clackamas County sheriff's Deputy David E. Willard, 46.
Kaady's family and friends condemned the grand jury's decision.
"It's a sad day for justice in Oregon when law-abiding citizens can be murdered in the streets when they are not a threat," said Albert Kaady, a cousin. "It's a mark of shame for Oregon."
A friend of Kaady's, Tereq Amhaz, 26, of Portland, said, "Everybody is really disappointed. It sure seems like police have a license to kill."
Fouad Kaady, who was suspected in at least three hit-and-run crashes in the hours before he died, was bloody, naked and combative, sheriff's officials said. He was unfazed by 50,000 volts from a stun gun and refused to respond to commands.
Both officers testified that Kaady jumped from the ground to the top of a police car in an instant as he screamed at the officers, "I'm gonna kill you!" They fired eight times, hitting Kaady with seven rounds. Kaady was unarmed.
"This is a case in which there are no winners," said Sandy Police Chief Harold Skelton. "A decision made in an instant can have results that will affect the individuals and the community for a lifetime."
Skelton said it was the first time a Sandy police officer has used lethal force.
Kaady's family said his bizarre behavior was not the result of drugs or mental illness, but of burns from a gasoline can that exploded into flames inside his car, and of a head injury suffered during one of the three car crashes.
One witness, Elaine Thornlimb of Boring, told the grand jury that Kaady had burned skin hanging from his arms. Paul White, who lived near the scene of the fatal shooting, said Kaady was grunting and howling as he walked along Southeast 362nd Avenue north of Sandy.
Clackamas County Sheriff Craig Roberts said his office will convene a shooting review board to examine the incident during the next 30 days. Skelton said the Sandy Police Department also will conduct an internal review of the shooting.
Roberts and Skelton offered their condolences to Kaady's family.
"We acknowledge the tragic loss to the Kaady family as we keep them in our thoughts and prayers," Skelton said in a statement.
Bergin was hired as a Sandy police officer in May, having previously worked as a Lincoln City police officer for about 1-1/2 years. Willard has been a Clackamas County deputy since 1994. He previously worked for the Multnomah County Sheriff's Office, Willamina police and Portland Public Schools police.
Both men have been on paid administrative leave since the shooting and will remain on leave until their respective agencies complete reviews of the shooting.
Tuesday, October 25, 2005
Thursday, October 20, 2005
Witnesses describe police shooting
from the Oregonian
Paul White was watering his wife's plants in his front yard when a naked, bloody man -- grunting, hooting, and "howling like a wolf," he said -- walked by his house. White, a 49-year-old recycler for Waste Connections, was taken aback. It was about 2 p.m. Sept. 8 -- a sunny day that would see the temperature hit 85 degrees. White, who lives in the 10400 block of Southeast 362nd Avenue, north of Sandy, said the man -- later identified as 27-year-old Fouad Kaady of Gresham -- was bleeding from a head wound and appeared "burnt." "The blood was running down his thighs," White said. "He was looking straight through me . . . like everybody else wasn't there." White told his story this week to a Clackamas County grand jury looking into Kaady's death at the hands of a Sandy police officer and a Clackamas County sheriff's deputy. He talked about the incident to the news media Wednesday. He said he didn't know what to think. Was the man on drugs or mentally ill? Kaady's family has theorized that he was crazed with pain from burns when a gasoline can in his car exploded, or that his bizarre behavior could be tied to a head injury. White also didn't know that Kaady's car had plowed into three cars and then burst into flames on nearby Bluff Road, or that Kaady had walked west through the woods before arriving at the road in front of White's house. White grabbed a board he had propped up near the corner of his house. "It scared the hell out of me," he said of the encounter. "I didn't know what I was up against." As White watched, Kaady continued walking north on 362nd. White noticed a woman driving a sport utility vehicle slowly follow as Kaady walked up the road. Kaady looked at White and then ran and jumped onto the roof of Elaine Thornlimb's Ford Explorer, hopping from the hood to the sunroof. Kaady, he said, jumped over the SUV "like it wasn't even there . . . like he had superstrength. His behavior was really off the wall. It was like he was imitating animals . . . flying like a bird." Thornlimb, a 46-year-old school librarian who lives nearby, said she followed Kaady for about a half-mile north on 362nd. At one point, he waved and smiled at her. She told the grand jury that Kaady's hair was matted and bloody and that skin was hanging from his arms. White walked into his neighbor's yard, keeping an eye on Kaady, who was heading north on 362nd toward Cottrell Elementary School where White's wife, Debra, worked. When Kaady was about one-tenth of a mile away -- across a dip in the road from where White stood -- a police car carrying Sandy police Officer William J. Bergin and Clackamas County sheriff's Deputy David E. Willard pulled up. Kaady by this time was sitting cross-legged in the road. After the officers shouted at him to get down, Kaady rolled onto his back, White said. The officers continued to shout at Kaady, telling him to lie on his stomach, but White thinks Kaady didn't comply because of the burns that ran down his right side. A few seconds later, White could see that the officers had fired a Taser at Kaady, who didn't appear to be affected by the 50,000-volt jolt. Kaady then jumped up onto the roof of the patrol car and stood there, hands at his side, White said. At no time, he said, was Kaady threatening or combative. He was unarmed. "That's when they shot him," White said. "I heard five shots." Kaady's body fell off the patrol car. "I don't think this will ever leave my mind," White said. Thornlimb told the grand jury that when Kaady sat down in the road, she told 9-1-1 dispatchers that he appeared to have given up. "I felt all along that the officers were there to help him," she said. "When they shot him, I drove home and sobbed for hours." Were the officers justified in shooting him, as police said, because they feared for their safety, and that Kaady was a threat to others? A grand jury is expected to come back with a decision today or Friday, said Greg Horner, Clackamas County assistant district attorney. Clackamas County officials routinely decline to comment on grand jury testimony.
Paul White was watering his wife's plants in his front yard when a naked, bloody man -- grunting, hooting, and "howling like a wolf," he said -- walked by his house. White, a 49-year-old recycler for Waste Connections, was taken aback. It was about 2 p.m. Sept. 8 -- a sunny day that would see the temperature hit 85 degrees. White, who lives in the 10400 block of Southeast 362nd Avenue, north of Sandy, said the man -- later identified as 27-year-old Fouad Kaady of Gresham -- was bleeding from a head wound and appeared "burnt." "The blood was running down his thighs," White said. "He was looking straight through me . . . like everybody else wasn't there." White told his story this week to a Clackamas County grand jury looking into Kaady's death at the hands of a Sandy police officer and a Clackamas County sheriff's deputy. He talked about the incident to the news media Wednesday. He said he didn't know what to think. Was the man on drugs or mentally ill? Kaady's family has theorized that he was crazed with pain from burns when a gasoline can in his car exploded, or that his bizarre behavior could be tied to a head injury. White also didn't know that Kaady's car had plowed into three cars and then burst into flames on nearby Bluff Road, or that Kaady had walked west through the woods before arriving at the road in front of White's house. White grabbed a board he had propped up near the corner of his house. "It scared the hell out of me," he said of the encounter. "I didn't know what I was up against." As White watched, Kaady continued walking north on 362nd. White noticed a woman driving a sport utility vehicle slowly follow as Kaady walked up the road. Kaady looked at White and then ran and jumped onto the roof of Elaine Thornlimb's Ford Explorer, hopping from the hood to the sunroof. Kaady, he said, jumped over the SUV "like it wasn't even there . . . like he had superstrength. His behavior was really off the wall. It was like he was imitating animals . . . flying like a bird." Thornlimb, a 46-year-old school librarian who lives nearby, said she followed Kaady for about a half-mile north on 362nd. At one point, he waved and smiled at her. She told the grand jury that Kaady's hair was matted and bloody and that skin was hanging from his arms. White walked into his neighbor's yard, keeping an eye on Kaady, who was heading north on 362nd toward Cottrell Elementary School where White's wife, Debra, worked. When Kaady was about one-tenth of a mile away -- across a dip in the road from where White stood -- a police car carrying Sandy police Officer William J. Bergin and Clackamas County sheriff's Deputy David E. Willard pulled up. Kaady by this time was sitting cross-legged in the road. After the officers shouted at him to get down, Kaady rolled onto his back, White said. The officers continued to shout at Kaady, telling him to lie on his stomach, but White thinks Kaady didn't comply because of the burns that ran down his right side. A few seconds later, White could see that the officers had fired a Taser at Kaady, who didn't appear to be affected by the 50,000-volt jolt. Kaady then jumped up onto the roof of the patrol car and stood there, hands at his side, White said. At no time, he said, was Kaady threatening or combative. He was unarmed. "That's when they shot him," White said. "I heard five shots." Kaady's body fell off the patrol car. "I don't think this will ever leave my mind," White said. Thornlimb told the grand jury that when Kaady sat down in the road, she told 9-1-1 dispatchers that he appeared to have given up. "I felt all along that the officers were there to help him," she said. "When they shot him, I drove home and sobbed for hours." Were the officers justified in shooting him, as police said, because they feared for their safety, and that Kaady was a threat to others? A grand jury is expected to come back with a decision today or Friday, said Greg Horner, Clackamas County assistant district attorney. Clackamas County officials routinely decline to comment on grand jury testimony.
Tuesday, October 18, 2005
Witnesses say police not justified in shooting naked man
from KGW.com
SANDY -- Two witnesses testified Tuesday before a Clackamas County grand jury deliberating whether police were justified in fatally shooting a naked, unarmed Gresham man last month.
Both witnesses indicated they agree with the man’s family that Fouad Kaady should not have been shot.
“I have no idea why they shot him. I honestly don’t. I thought they were there to help him," said witness Elaine Thornlimb.
She said she called 9-1-1 when she saw him bleeding, burned and naked, walking alongside the road north of Sandy. She said at first he smiled and waved, but as she followed him, he grew agitated.
“At one point he did turn around, yell something and jump on my car and jumped up and down on my sun roof and left blood on my car,” she said. Kaady wasn't armed, according to Thornlimb.
On the day of last month's shooting, the officers received a report of a hit-and-run car accident and arrived to find Kaady naked. As police tried to get him under control, he became combative, they said. The officers tried to taser him but were not able to get Kaady to calm down.
At one point Kaady got on top of the patrol vehicle, which is when at least one of the officers shot him.
Kaady died at the scene.
The second witness testified that Kaady had been behaving strangely, but when officers arrived, he calmed down until they used a taser on him.
“He was on the roof of the cop car and it wasn’t more than maybe about less than a minute…and they unloaded and fired off the shots on him," said witness Paul White.
White and Thornlimb said that while Kaady may have acted irrationally, he didn't deserve to be killed.
More witnesses were expected to testify on Wednesday and the grand jury could reach a decision by Thursday.
Officers shot and killed Kaady when he was wandering on SE 362nd Ave. in Sandy in early September.
“There must be an accountability of some sort to those that misused their position of authority to use it to take life when life should not have been taken,” Zania Kaady, Fouad Kaady's sister said Monday as protesters gathered outside the courthouse.
The sheriff's office identified the two officers who fired at Kaady as as 24-year-old William Bergin, a Sandy Police officer, and 44-year-old deputy David Willard of the Clackamas County Sheriffs Office.
SANDY -- Two witnesses testified Tuesday before a Clackamas County grand jury deliberating whether police were justified in fatally shooting a naked, unarmed Gresham man last month.
Both witnesses indicated they agree with the man’s family that Fouad Kaady should not have been shot.
“I have no idea why they shot him. I honestly don’t. I thought they were there to help him," said witness Elaine Thornlimb.
She said she called 9-1-1 when she saw him bleeding, burned and naked, walking alongside the road north of Sandy. She said at first he smiled and waved, but as she followed him, he grew agitated.
“At one point he did turn around, yell something and jump on my car and jumped up and down on my sun roof and left blood on my car,” she said. Kaady wasn't armed, according to Thornlimb.
On the day of last month's shooting, the officers received a report of a hit-and-run car accident and arrived to find Kaady naked. As police tried to get him under control, he became combative, they said. The officers tried to taser him but were not able to get Kaady to calm down.
At one point Kaady got on top of the patrol vehicle, which is when at least one of the officers shot him.
Kaady died at the scene.
The second witness testified that Kaady had been behaving strangely, but when officers arrived, he calmed down until they used a taser on him.
“He was on the roof of the cop car and it wasn’t more than maybe about less than a minute…and they unloaded and fired off the shots on him," said witness Paul White.
White and Thornlimb said that while Kaady may have acted irrationally, he didn't deserve to be killed.
More witnesses were expected to testify on Wednesday and the grand jury could reach a decision by Thursday.
Officers shot and killed Kaady when he was wandering on SE 362nd Ave. in Sandy in early September.
“There must be an accountability of some sort to those that misused their position of authority to use it to take life when life should not have been taken,” Zania Kaady, Fouad Kaady's sister said Monday as protesters gathered outside the courthouse.
The sheriff's office identified the two officers who fired at Kaady as as 24-year-old William Bergin, a Sandy Police officer, and 44-year-old deputy David Willard of the Clackamas County Sheriffs Office.
NEWS UPDATE: Grand jury examines shooting
from the Oregonian
Background: Fouad Kaady, 27, of Gresham was shot and killed during a confrontation with Sandy police Officer William J. Bergin and Clackamas County sheriff's Deputy David E. Willard after a bizarre series of events on a Clackamas County highway Sept. 8.
Update: A grand jury began hearing testimony Monday and will continue today and perhaps into Wednesday to decide whether the officers' actions were justified. Kaady's family said the 1996 Gresham High School graduate's behavior was the result of injuries received in a fire that engulfed the inside of his car and a subsequent crash. Police officials said Kaady began exhibiting bizarre behavior earlier in the day, was naked and combative during his confrontation with the two officers, and that he did not respond to commands or shocks from a stun gun.
What's next: Clackamas County Assistant District Attorney Greg Horner said the seven-member jury can reach one of two decisions: The officers could be indicted on criminal charges or the shooting was justified.
Background: Fouad Kaady, 27, of Gresham was shot and killed during a confrontation with Sandy police Officer William J. Bergin and Clackamas County sheriff's Deputy David E. Willard after a bizarre series of events on a Clackamas County highway Sept. 8.
Update: A grand jury began hearing testimony Monday and will continue today and perhaps into Wednesday to decide whether the officers' actions were justified. Kaady's family said the 1996 Gresham High School graduate's behavior was the result of injuries received in a fire that engulfed the inside of his car and a subsequent crash. Police officials said Kaady began exhibiting bizarre behavior earlier in the day, was naked and combative during his confrontation with the two officers, and that he did not respond to commands or shocks from a stun gun.
What's next: Clackamas County Assistant District Attorney Greg Horner said the seven-member jury can reach one of two decisions: The officers could be indicted on criminal charges or the shooting was justified.
Monday, October 17, 2005
Grand jury studies police shooting of naked Gresham man
from KGW.com
SANDY, Ore. - A Clackamas County grand jury will meet Monday to decide if police were justified in fatally shooting a Gresham man last month.
Officers shot and killed Fouad Kaady when he was wandering naked and rowdy on SE 362nd Ave. in Sandy.
The officers received a report of a hit-and-run car accident and arrived to find Kaady naked and with no shoes on. As police tried to get him under control, they said he became combative. The officers tried to taser him -- but were not able to get Kaady to calm down.
At one point Kaady got on top of the patrol vehicle, which is when at least one of the officers shot him.
Kaady died at the scene.
The sheriff's office identified the two officers who fired at Kaady as as 24-year-old William Bergin, a Sandy Police officer, and 44-year-old deputy David Willard of the Clackamas County Sheriffs Office.
SANDY, Ore. - A Clackamas County grand jury will meet Monday to decide if police were justified in fatally shooting a Gresham man last month.
Officers shot and killed Fouad Kaady when he was wandering naked and rowdy on SE 362nd Ave. in Sandy.
The officers received a report of a hit-and-run car accident and arrived to find Kaady naked and with no shoes on. As police tried to get him under control, they said he became combative. The officers tried to taser him -- but were not able to get Kaady to calm down.
At one point Kaady got on top of the patrol vehicle, which is when at least one of the officers shot him.
Kaady died at the scene.
The sheriff's office identified the two officers who fired at Kaady as as 24-year-old William Bergin, a Sandy Police officer, and 44-year-old deputy David Willard of the Clackamas County Sheriffs Office.
Friday, October 14, 2005
Support is needed for Grand Jury Trials
author: Family - published in Portland IndyMedia
The grand jury trial for Fouad Kaady who was shot and murdered by the Sandy and Clackamas Police Departments a little over a month ago will be this Monday and Tuesday October 17th and 18th. The jury will convene at 10:45 a.m on Monday and at 8:30 a.m on Tuesday and will be meeting at the Clackamas County Courthouse located at 807 Main Street in Oregon City. We are need of as many individuals to come and show our power in numbers. We need to show the people responsible in attaining justice that we loved Fouad and we expect those that perpetuated this heinous crime to be held accountable. We have ten posters with Fouad's picture and a few words about what happened to him that need to be held by his friends, family, and citizens. The ruthless killing of our beloved bretheren needs to stop! Fouad could have easily been your son, brother, nephew, cousin, or much beloved friend. The time is at hand to make a change. Please come out and stand in unity with us.
The grand jury trial for Fouad Kaady who was shot and murdered by the Sandy and Clackamas Police Departments a little over a month ago will be this Monday and Tuesday October 17th and 18th. The jury will convene at 10:45 a.m on Monday and at 8:30 a.m on Tuesday and will be meeting at the Clackamas County Courthouse located at 807 Main Street in Oregon City. We are need of as many individuals to come and show our power in numbers. We need to show the people responsible in attaining justice that we loved Fouad and we expect those that perpetuated this heinous crime to be held accountable. We have ten posters with Fouad's picture and a few words about what happened to him that need to be held by his friends, family, and citizens. The ruthless killing of our beloved bretheren needs to stop! Fouad could have easily been your son, brother, nephew, cousin, or much beloved friend. The time is at hand to make a change. Please come out and stand in unity with us.
Rally for Fouad Kaady is Tomorrow Oct. 15
author: Vania Kaady - published in Portland IndyMedia
The rally for Fouad Kaady is at hand, and I am making another public call for support from our community. The rally will begin at 2p.m in front of the Subway located in downtown Sandy off of Proctor Blvd. We have flyers and large posters ready for all those that want to help inform the citizens there of what has transpired to our much beloved Fouad. It is very difficult for us (his immediate family) to go back to the city whose police officers murdered our precious son and brother, so we need all of our friends, family, and concerned citizens to be there. Standing united we are a much stronger power which is beyond the lethal force these lost souls used against the light that Fouad was and still is to us all. May he be glorified and remembered for who he really was. A grand soul with a grand purpose which was to love unconditionally and to feed all who crossed his path with a precious smile, sincere word, or to share his blessed bread. Thank you all. If you have any quesions please email me at vkaady@yahoo.com.
The rally for Fouad Kaady is at hand, and I am making another public call for support from our community. The rally will begin at 2p.m in front of the Subway located in downtown Sandy off of Proctor Blvd. We have flyers and large posters ready for all those that want to help inform the citizens there of what has transpired to our much beloved Fouad. It is very difficult for us (his immediate family) to go back to the city whose police officers murdered our precious son and brother, so we need all of our friends, family, and concerned citizens to be there. Standing united we are a much stronger power which is beyond the lethal force these lost souls used against the light that Fouad was and still is to us all. May he be glorified and remembered for who he really was. A grand soul with a grand purpose which was to love unconditionally and to feed all who crossed his path with a precious smile, sincere word, or to share his blessed bread. Thank you all. If you have any quesions please email me at vkaady@yahoo.com.
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