William Bergin hits Rock Bottom (More Sordid Details on Killer Cop's Night Out)

From Portland IndyMedia, by Cat

Last week, Portland Indymedia ran an article detailing the curious downfall of officer William Bergin, the cop who tortured and shot Fouad Kaady to death. Bergin, it seems, was arrested almost a year ago, after drunkenly menacing his former girlfriend at around 3 in the morning on March 8, 2007. I want to make it clear that this incident was a serious one, especially given Bergin's record as a killer. I would like to know why this man is still working as an officer of the law. More than that, I want to use Bergin's own testimony to point out that there is a culture of violence, cover-up and dishonesty in the Sandy PD that bears looking into, especially if one is interested in justice for the many people who have suffered violence and injustices at the hands of Sandy police officers and been ignored. So this week, I am going to quote liberally from the Sherwood police report describing his arrest and subsequent behavior and statements to the police.

On March 8, 2007, Sherwood police officers Newton and Johnson arrived at the home of Bergin's ex-girlfriend (whose name I will not share) to find Bergin just disappearing into the garage and closing the door behind himself. His ex-girlfriend was still inside the home, and was on the phone with police dispatch, asking if it was safe for her to come out. She said she would meet the officers at her front door. The officers told her to come on out. When she did so, the report notes, "She was crying and her hands were shaking." She did not know why Bergin was there, and said that she was uncomfortable having him there. Officers Newton and Johnson asked if she could let them into the garage so that they could talk to Bergin. Here is an excerpt from the police report:

"When I opened the door to the garage, I noticed a male on his knees picking at the door lock with a screwdriver. Immediately, I saw that his eyes were red, watery, glassy, and his face was flushed. There was also a strong odor of an alcoholic beverage coming from his person. The male, who was identified as William Bergin looked up at Officer Johnson and I and said, 'Oh shit.' When Mr. Bergin tried to stand up he fell forward and I had to take hold of his arm and help him up."

The report goes on to note that Bergin was swaying, his speech was slurred, and he was "having a hard time maintaining his balance." Here is another passage from the very long police report:

"I asked Mr. Bergin how much he had to drink tonight. He told me that he would just leave. He then started to walk out of the garage. As he started to walk out of the garage he lost his balance and started to fall to the left. He reached out his hand and I was able to catch him and keep him from falling to the ground. I helped him walk the rest of the way out of the garage by holding on to his right arm. Once we were outside he stumbled in front of his car and had to grab onto his car to regain his balance."

After this, officers asked Bergin how much he had to drink. He initially said he had had "a few drinks" at Kel's, and (appropriately enough) at Rock Bottom. He admitted to driving from downtown Portland out to his ex-girlfriend's Sherwood home. When the police asked him how long he had been at his girlfriend's house, he initially said 10 or 15 minutes, which matched what his girlfriend had told them. However, as you will see, his story changes as officers begin asking more questions. He was asked whether he had anything to drink after he got to her house. According to the report:

"He paused for a second and said, 'Um, yeah, I had two or three beers in the garage.' I asked him if he was being honest. He said, 'I am a cop, I know what's going on.' I asked him if he could show me where he put the beer cans of the beers [sic] that he just drank. He told me that they are somewhere in the garage and that he had a ton of beer cans in there. I asked him again how long he had been here and drank the beers. He told me that he has been here for about 45 minutes. I explained to him that he just told me that he has been here for 10-15 minutes. He said, 'No, I have been here.' He then asked if he could call a friend to come get him. His speech at this time was very slurred and hard to understand."

It is interesting to note that, as drunk as he was, Bergin was still about as adept as ever at covering up for himself. Because, in the above exchange, it is clear that he understands that the Sherwood officers are asking him whether he had anything to drink after arriving at his girlfriend's house in order to establish that he was driving drunk. "I'm a cop, I know what's going on," he said. And then he told them he had been drinking after he stopped driving, so that he could claim he was sober when he was driving. But he's as transparently bad at his lies while drunk as he is when sober. Because he was apparently unable to produce any empty beer cans. The officer's report continues:

"I told him that I was just doing my job and had to ask him these questions. I then asked him not to lie to me and to be honest with me about drinking. He told me that he is a cop and was sorry. I asked him again if he drank anything since he arrived here. He said, 'No, I have not had anything to drink here.' I asked him why he lied to me. He told me that he was a cop and knew the routine. As we were talking, Mr. Burgin [sic] seem to be having severe mood swings. He would be talking with me one minute and then the next minute he would be crying and mumbling to the point where I had to keep asking him to calm down because I was unable to understand anything he was saying."

Again, Bergin tells the officers that he is a cop and "knew the routine," and he appears to be explaining that this is why he lied. In other words, he knows what kind of evidence can be used against him, so he is carefully trying to tamper with that evidence. He is lying in order to cover up after himself, after doing something that he knows was wrong. This is a very interesting revelation, given the wild discrepancies between Mr. Bergin's story about what happened to Fouad Kaady and the stories of the many witnesses to that shooting. Was he lying to protect himself then, too? I have always believed so, given the overwhelming evidence in that case. But the corporate media just took his word for it all. Will they be able to do so now? Now that he's admitted that he fabricates evidence to protect himself?

But back to the report. Bergin then refuses to take any sobriety tests. Not only does he refuse initial field sobriety tests, but he later admits that he is stalling, in the hope that he might sober up before they are able to detect the amount of alcohol in his system. Again, to quote the report:

"I asked Mr. Burgin [sic] if he would be willing to perform some voluntary field sobriety tests. Mr. Burgin, 'No, I am a cop and I am not doing test.' He then started crying and told me that he is a cop and he shot someone. I informed him that I could imagine he is having a hard time, but I had to do my job."

I do not know what to make of Bergin's statement about shooting "someone." A skeptical part of me is angry that he would try to use the murder of Fouad Kaady to get off the hook like this. It's beyond grotesque that this murderer could attempt to use his victim in such a disgustingly self-serving manner. On the other hand, if he really is suffering as a result of the shooting, then perhaps he does have the kernel of a soul after all. This shooting SHOULD bother him. It should be destroying him. He tortured a bleeding accident victim, and then shot him to death for no reason. Afterward, he lied about the incident, and made the victim out to be some sort of "monster" who deserved the killing. This SHOULD hurt. It's hurt everyone else in the community -- particularly Mr. Kaady's family, I would think -- so he should be feeling this pain with every fiber of his being.

If he really is feeling this, and not merely using the shooting to invoke sympathy and get him off the hook, then perhaps there is hope of some salvation for him after all. It will not come easy, and it will not come soon. It will certainly not come without a lot of work on his part. As a comment below the previous story on this subject suggested, he will need to take responsibility for what he did before he can ever hope for any kind of forgiveness from this community, or from himself. And he will need to get rid of the badge. He is clearly neither capable nor deserving of holding a position of authority -- much less a gun -- over other people. His behavior and his words indicate someone who has a lot of power issues. He should never be in a position to hold power over other people again. But, if he really is suffering, perhaps he is less of a monster than his original behavior would appear, and more of a human being who has done a very bad thing and knows he must atone for it. One would think that this atonement would take some other form than drinking himself into a stupor and terrorizing women, though.....

Returning to the report, Officer Newton asks Bergin numerous times if he will take a sobriety test, and Bergin refuses each time. Officer Newton then attempted to read Bergin the "SFST Revised Admonishment" (in other words, explaining that he needs to take the test or face arrest). Bergin interrupted to remind the officer, yet again, that he's a cop and knows all this stuff, and no, no test. At that point, according to the report, "He then stumbled forward and fell back against his car. I noticed that at this time he appeared to be having a hard time holding his eyes open." Bergin was then placed under arrest at 3:41am."

When they arrived at the police station, Bergin lost his balance as he was stumbling out of the police car. According to Newton, "He had a hard time maintaining his balance and could barely walk." Again, this is a man who just drove himself, in a large, red, SUV (a Chevy blazer), all the way from downtown Portland out to Sherwood.

Once inside the police station, officers attempted to check the level of alcohol in Bergin's system using the sci-fi sounding "Intoxilizer 8000 internal clock." However, Bergin said that he wanted to talk to his lawyer, and that he would take twenty minutes to do so. He was given a telephone and left alone to make his call. And here, things get strange. To quote the report:

"At about 4:20am, Officer Johnson contacted me and asked me if Mr. Burgin was making phone calls. I told him that he was in the holding cell talking with his lawyer. Officer Johnson informed me that [ex girlfriend's name] just ran up to him and that Bill was calling her from the police phone. He told me that she reported that he left her a voice message saying that when he is released he is going to put a bullet in his head. At that time dispatch also called me and informed me that [ex girlfriend's name] called them and reported that her ex-boyfriend was calling repeatedly from 503-625-5522, which is the department's number. Dispatched [sic] informed me that he was threatening to hurt himself."

So Bergin, given the opportunity to call a lawyer, chose to call and harass his former girlfriend instead. He then lies about it. Newton's report goes on:

"I went back into the holding cell and asked Mr. Bergin what he was doing. He told me that he was trying to call a lawyer. I informed him that I knew he was calling his ex-girlfriend. He asked me if I was monitoring his phone calls. I told him that the other Officer was still at his ex-girlfriend's house. He told me that he called her once. I asked him why he would call her when I advised him to only call a lawyer. He told me that he had to talk with her. I asked him why he was threatening to hurt himself. He told me that he did not and said that he was sorry. I told him that this time was given to him to call a lawyer and that what he was doing was inappropriate. He again said he was sorry and asked if he could try two more calls to contact a lawyer. I told him that I would allow him five more minutes to contact a lawyer. A few minutes later he waved me back into the room and said that he was done. He said that he was able to talk with a lawyer and that he would take the breath test."

It is worth noting, again, that Bergin appears to be very comfortable with lying to cover up for himself. It is also important to acknowledge that his threat to "put a bullet in his head" is a classic ploy used by perpetrators of domestic violence. Men who want to control women often threaten to kill themselves in order to manipulate their victims. As a former domestic violence counselor, I can say with some confidence that this is generally regarded as a very dangerous symptom among perpetrators. When a woman takes control over her life by ending a relationship with an abuser, it can be a very dangerous time for her. Abusive males seek to hold power over their victims, and can become very manipulative, and often very enraged, when they see that power slipping away from them. Murder-suicides are more common at this time. (See, for example, link to www.ilrctbay.com.)

Bergin obfuscates some more at the police department, telling officers that he only drank two beers at Kel's and two beers at Rock Bottom, between 9pm and 3am. He continues to stall, trying to sober up before a sobriety test can be performed. Again, quoting from the report:

"I asked him why he lied to me about drinking after he drove to his ex's house. He told me that he was sorry and that he will blame it on nerves. I also asked him if he was on any medications. He told me that he took one 100mg Trazadone and one 10mg Celexa. He also said that he is on Wellbutrin, but did not take any today. I asked him if he was supposed to mix alcohol with the medication. He told me that he could have a few drinks, but not to many [sic]. I asked him when he took his medication. He told me that he took it 6-8 hours ago. I asked him how the medication makes him feel. He told me that the Celexa makes him really light headed. I asked him if he felt the effects of the alcohol tonight. He said, 'Nope.' I asked him if he was being honest with me. He said, 'Yup, I am being honest, I mean come on I have to try you can understand.' I asked him why he lied to me and called his girlfriend. He told me that he called his girlfriend and a union rep. He then said well the more time that goes by the better off I am. He then asked me what I think he was going to blow. I informed him that I felt he had too much to drink. He said, 'O it has been a lot of time, so who knows I could blow under a .08%.' He then said, 'I'm around a .09 or .10 I bet.'"

So again, we can see that Bergin is playing the system, angling around to escape responsibility for the crime he knows he has committed. He admits that he has been stalling for time, and that he thinks he may have stalled long enough to beat the DUI charges. Although he stalled until after 4:30am, however, his ploy did not work. At 4:50am, his blood alcohol content was recorded at .12%. Newton notes, "As the breath test was printing, Mr. Bergin just kept saying "fuck, well good thing for diversion." In other words, still angling to avoid any consequences for his actions.

Finally, according to Newton's report:

"As I was completing the paperwork for Mr. Bergin asked me if I could just take him to Detox [sic]. He said that he has pulled over plenty of drunken cops and has given them a ride home. I informed him that I had to do my job and that Detox was not an option, he was already arrested. He told me that in Sandy it is still the 'good old boy' system and he could just go to Detox or home. I informed him that I had a job to do and it was nothing personal. He told me that he understood and apologized for trying to mess with me. He told me that it was at least worth a shot."

I actually find this to be the most revealing statement in the entire report. It's not that those of us who paid any attention to the abuses going on out in Sandy did not already know that there is a very serious "good old boy" problem going on out there. But to have it spoken aloud, by the biggest old boy himself, that's quite a confession. It blows apart any plausible deniability that the Sandy city government may have claimed.

I take no joy in pointing out this man's obvious personal pathologies. If he were an ordinary private citizen who did not carry a gun and a badge, who had not already tortured and killed an unarmed accident victim for no apparent reason, then I would leave him to his own implosion. But he is not an ordinary private citizen. He is a police officer, with power over the people of Sandy. Power that he is prone to mis-using. He has killed someone, and he got away with it. And then, the corporate media took his word for gospel when he lied and obfuscated about what really happened. They let him define who Fouad Kaady had been. They let him portray his innocent victim as a "monster," as a drug addict, as a freak. These are labels that did not fit Fouad Kaady, but they do fit Mr. Bergin. And where is the corporate media now? Are they so willing to drag a man's name through the mud, so long as he is "just an ordinary guy," and yet so unwilling to tarnish the good name of an officer of the law, no matter how ill-suited that good name may be? Why? Who do they work for?

The problems in Sandy go much deeper than this one man, and the public should know this. As Bergin himself has stated, there is a "good old boy system" in Sandy, that has caused immeasurable suffering for the people of that town. The Fouad Kaady murder has helped to bring this nest of nasties to light, but Mr. Kaady was not their only victim. For years, the people of Sandy have been telling horrific tales of racism, abuse, persecution, and cover-up. And for just as long, they have been ignored. Carlos Rubio and his family were hounded by police until they feared for their very lives. Carlos was falsely arrested, and then disappeared shortly after police threatened him in front of his family. He was later found dead under very mysterious circumstances. Juan Rubio, Carlos's father, who surely had already lost enough at the hands of the Sandy police, was then hounded by officers as well. He was threatened and called racist names, and when he demanded accountability from Chief Harold Skelton, Skelton had him arrested. So Mr. Bergin is not an isolated individual. He is one small bacteria in an oozing petri dish of disease. And it is time for some disinfectant.

I encourage anyone who would like to independently verify the facts in this article to contact the Sherwood police and ask for a copy of the paperwork involved with Case #07240403. You may reach the Sherwood police dept here:

Address: 20495 SW Borchers Dr. Sherwood, OR 97140
Business Hours: M-F 8:00AM - 5:00PM (503)625-5523
After Hours & Holidays: (503)629-0111

You may also wish to call the Sandy PD. The Sandy police are a little more difficult to reach, and a lot more dangerous. So be intrepid, and be careful. This is their contact info:

Business hours: 8am-6pm Monday-Friday, office number 503-668-5566
38970 Proctor Blvd., Sandy, Oregon 97055
FAX 503-668-4093

According to the police report, however, Mr. Bergin can be reached at 503-668-9186. So this might be a more direct line, should anyone care to get a comment from him personally.

If anyone can reach Mr. Skelton, the Sandy police chief, to see how he can justify keeping this disturbed and violent man on the police force, I would be very interested to hear what he has to say. Please feel free to become the media, and post what you find out here. It's going to take a lot of us, working together, to find out what's really going on over in the Sandy police dept, and to shake that old boy system apart.

Officer William Bergin: Killer, Liar, Perpetrator, Convicted Criminal

from Portland IndyMedia
On March 8th, 2007, a year and a half after he gunned down Fouad Kaady in the streets of Sandy, officer William Bergin had another kind of showdown, in another kind of town... A town where police officers are not so quick on the trigger, and not so shy on the truth.

Bergin, a violent and angry man, showed up at the home of his former girlfriend, in the wee hours of the morning, around 3am. He was drunk, he was frightening, and he was despicable. His ex girlfriend was terrified. With a shaking voice, she called the Sherwood police in tears, requesting assistance. When the police arrived at her home, they found the drunk and belligerent Bergin, and arrested him. He was charged with DUI, and taken downtown. So far as I know, despite the presence of intoxicants in his system, and despite his bizarre behavior, no one tasered him, and no one shot him. Apparently, Sherwood is a more enlightened town than Sandy.

According to the police report detailing this disturbing event, Bergin initially refused to take a breath test to determine the alcohol content in his bloodstream. He was belligerent and non-cooperative with the Sherwood police, at one point demanding that they just let him go, just drop him off at detox. He told them that he has done that for other officers in his situation many times. (An interesting revelation, to be sure.) He also made it clear to them that, in Sandy, cops do not treat cops so shabbily, due to the "old boys" network that we've all suspected but never heard from the horses' mouth before. To their credit, the Sherwood officers informed him that, as this is not Sandy, they would be expected to actually do their jobs here.

Mr. Bergin demanded that he be allowed to call his attorney. He was given access to privacy and a telephone to make his one phone call, but he elected not to call an attorney. Instead, he called, of all people, his ex girlfriend. Yes, the very one whose home he was arrested in front of earlier in the night. He left a voice mail, thankfully, so that there is a record of the entire call. He told the woman that he hoped she was happy with herself, and that "I'm done." He said that this incident would mean the end of his career, that he would be fired, and again, "I'm done." (One would have thought so. But that's not how they do things out in Sandy. Not when you're a good ol' boy.) He then told her that, as soon as he gets out of jail, and as soon as he could get a gun in his hand, he intended to "put a bullet in my head."

But he did not lose his job, and he did not kill himself. Instead, Bergin's miraculously bullet-free head can still be seen, these days, propping up his police hat in the streets of Sandy. Because, despite his violent behavior, despite his inability to follow the laws he is supposed to be upholding, and despite Bergin's admission that he readily skirts the law according to who the perpetrator is, chief Harold Skelton thinks he's "the right stuff" for the Sandy PD. It cannot be argued that Skelton did not know about this incident. Because, while they were still holding Bergin in their jail, the Sherwood police department contacted the Sandy police department to let Sandy know that they had one of their "good ol' boys" in their pen. And it was Chief Skelton himself who returned the call. He actually had the nerve to ask for leniency for Bergin. He told them that Bergin was simply "going through a rough patch." He then told them, in order to plead his case, that Bergin had been having severe emotional difficulties ever since... a shooting incident.

In other words, for a year and a half after Bergin brutally tortured and then killed an unarmed, bleeding accident victim, he has been having "emotional problems." And Skelton, the chief of the Sandy police, knew of Bergin's mental health problems all that time. ...and he kept him armed and out on the streets of Sandy anyway.

Bergin's arrest happened just shy of a year ago. The Kaady killing was nearly two and a half years ago. And yet, Bergin has kept his job as a police officer. What can they be thinking out there? Is there nothing that the citizens of Sandy can do to protect themselves from such a violent and unstable man?

As I reported yesterday, domestic violence is an enormous problem among police officers. Sometimes, this epidemic of violence makes the news, as when Tacoma police chief David Brame shot his estranged wife and himself in front of their two small children in 2003. Usually, however, this abuse is shrouded in secrecy. As Bergin's abuse has been, until now.

Police officers who abuse their spouses and partners are an especially dangerous subset of the population, because they have the means to stalk, harass, and oppress their victims more than ordinary citizens. They have access to all the tools of law enforcement to intrude upon their victim's private lives, they have weapons, and they have friends who can help them evade responsibility for their actions. They have first-name relationships with judges, prosecutors, and fellow officers, and are often not held accountable for their abuse. It's been very difficult to get police officers to recognize domestic violence as a criminal matter at all. When the abuse involves a fellow officer, they are even less likely to consider the incident to be a crime, no matter how serious.

It's a very serious breach of the public trust when an officer who has been a perpetrator of domestic violence is allowed to continue to work in a position of authority, carrying a badge and a gun. How are we to expect him to react when he is expected to respond to a domestic violence call? Will he take the crime seriously? Or will he identify with the perpetrator?

It is also a serious breach of the public trust for an officer to treat defendants differently according to who they are, and who they know. Justice itself depends upon all people being treated equally in the eyes of the law. Bergin, in his drunken stupor, let it slip from his mouth that, in Sandy anyway, this is not how things work. One would hope that a revelation such as this one would lead to some house cleaning out there. (It's high time that Chief Skelton, and all his good ol' boys, be swept out of Dodge. If anyone is awake over at the Sandy city hall, one would think that some kind of action would be taken once this information reaches the public.)

But these revelations call into question more than just the character and judgment of officer Bergin or chief Skelton. They also call into question everything that Bergin said in his statement regarding the killing of Fouad Kaady. As damning as his own words were in that statement, it is clear that there is much more to that story than he was willing to tell. It's also pretty clear that, by his own admission, he is not above bending the law to protect fellow officers, and he expects his fellow officers to do the same for him. So the places where officer Bergin's and Deputy Willard's statements regarding the Kaady killing differ from the statements of the many witnesses to that event become even more suspect.

Another Month of Delayed Justice for Fouad Kaady

author: Lew - published on Portland IndyMedia

I think by now, most readers of Indymedia are aware of the circumstances surrounding the death of Fouad Kaady. If not, search out a copy of a very fine video (now on DVD!), "28 Seconds: The Killing of Fouad Kaady." You will be astounded.

If you ever believed that the system of justice works, you will re assess your views. Since another month has passed without justice, I need to publish a reminder. It is all I can do.

A short synopsis here: On September 8, 2005, 27 year old Fouad Kaady was involved in several wrecks, described by police as hit and run incidents. Investigation reveals that he was probably on fire at the time, so he might be forgiven for failure to stop and render aid. He was transporting gasoline in his father's vehicle, in an attempt to bring fuel to his own vehicle which was out of gas. At some point, apparently the gasoline burst into flames.

Fouad was first observed, driving erratically (go figure) , and appeared to be waving his arms wildly. The car appeared to be cloudy inside, possibly from smoke. After striking a couple of vehicles (no injuries), he ran his father's car off of the road, and bailed out, shedding his remaining clothes which were on fire. He was pretty likely in shock, and a great deal of pain (police described him as very badly burned, skin hanging from his body, and bleeding.) He ran into the woods.

Enter the first responders: Fire department and EMTs were first on the scene, which was soon saturated with police. Two intrepid officers (Clackamas County Deputy David Willard, and Sandy Police Officer William Bergin) were first to locate the victim who was (in the officer's words) "seated Indian style alongside the road, rocking back and forth, moaning, and catatonic." The officers both stated that they knew immediately that the naked man was unarmed, but for some reason began shouting unreasonable orders (to lay his burned body on the hot pavement), and when they were not obeyed, began discharging both of their tasers into the victim. When this senseless response to an obviously injured and in shock victim failed to immediately achieve the desired results (results which neither officer could articulate), the victim fled the pain. He jumped up to the top of the police cruiser, which in Oregon is apparently a capital offense. At this time, because neither officer was willing to touch his bloody body, they chose instead, to exterminated him.

This obvious miscarriage of any form of justice was given sanction by the District Attorney, who could not seem to find an indictment to save his career. Then, the Sheriff even went so far as to state that good police guidelines were followed, and no policies were violated.

We disagree. Apparently, we are not alone, as the Gerry Spence (Ruby Ridge, Silkwood, and many other high profile cases) Law Firm has taken the civil case pro bono. See the film, see if you agree. It is available on You Tube at the following links, but the DVD is much easier to watch. Keep watching in your local library or supermarket, for free copies.

the state of mind of kaady's killers

author: global roaming - published in Portland IndyMedia

Fouad Kaady was killed on September 8 2005, by a Clackamas County Sherriff's deputy named David Willard and Sandy police officer William Bergin, despite being unarmed and seriously injured from burns. He had evidently torn his clothes off to escape the flames of a fire in his motor vehicle.

The basic scenario is so outrageous that it has left many people completely appalled. But one thing that hasn't been talked about much is the state of mind of the cops who killed Kaady.

Fouad Kaady was killed on September 8 2005, by a Clackamas County Sherriff's deputy named David Willard and a City of Sandy police officer named William Bergin, despite being unarmed and seriously injured from burns. He had evidently torn his clothes off to escape the flames of a fire in his motor vehicle.

The basic scenario is so outrageous that it has left many people completely appalled. But one thing that hasn't been talked about much is the state of mind of the cops who killed Kaady.

The officers responded to a series of calls reporting a vehicle fire and a number of ensuing hit-and-run collisions, and reports of an irrational, severely injured burn victim running naked from the scene. (See http://www.sandypost.com/news/story.php?story_id=115654635282841200)

Officers chose to focus on suggestions that the man was "irrational" and -- they surmised -- "on drugs," as a catchall to explain "irrational" behavior, and chose to react by treating Kaady as a "suspect" instead of a citizen in need of urgent assistance.

This initial choice on their part proved disastrous. Even though they observed, by their own admission, that the man was in a "catatonic" state and incapable of following their orders, they proceeded to bark a series of senseless orders at him, including trying to force him to lie on the ground, a totally illogical demand in view of Kaady's burn injuries. When he refused to heed these commands, they immediately escalated to "less lethal" weapons (tasers), and finally, when Kaady attempted to flee, they shot him to death, citing his proximity to an unattended weapon they had left on the hood of their squad car as the reason.

It seems clear that the reports the officers received from witnesses of Kaady's behavior prior to their confrontation with him completely framed their own eventual interactions with him. Over and over again, they cited their fear of coming into physical contact with him, emphasizing that he was "covered in blood." They explicitly described their fear of contracting blood-borne pathogens, which risk they thought was heightened by their assumption that the man "must be a drug user." This fear of coming into physical contact with the man they killed helps explain their rapid escalation to force, and finally lethal force.

When the officers were asked if they could have or should have handled the situation differently or better, they responded "no."

Despite the appalling mistakes committed by the officers, it seems patently unlikely that they were motivated by bloodlust, and wholly believable that they were in fact "afraid," afraid of fantasies concocted in their own imaginations on the strength of partial and partially digested reports from previous eyewitnesses. Out of these reports they concocted a scenario of a "bloody, deranged drug addict," possibly infected with hepatitis or HIV, against whom they had to protect themselves. All of these notions turned out to be totally false.

Based on what we know so far, it would probably be a mistake to paint the officers involved in the killing as being far outside the norm. It is not at all hard to believe that many if not most other officers, faced with the same circumstances, would make the same or similarly appalling errors in judgment. Hence the quick decision by the Grand Jury not to prosecute them. Of course, however, all of this makes the situation MORE APPALLING, not less. Because the odds are that, even were Willard and Bergin cashiered, even prosecuted, the underlying social and cultural assumptions that led the officers to behave as they did would persist unaltered amongst the rest of their colleagues.

Thus, it could be useful for those who know more about the case to explore the ramifications of the state of mind of the officers, their cultural and social backgrounds and assumptions, and how prevalent the same assumptions are amongst their colleagues. Because unless these underlying mental dynamics are challenged and altered, it is inevitable that tragedies like the one that befell Kaady will happen again, if not at the hands of these officers, then by their colleagues.

28 seconds : The Killing of Fouad Kaady Now On Youtube

author: Videoista - published on Portland IndyMedia

28 seconds : The Killing of Fouad Kaady is now online on youtube.

Youtube links 1 through 5. You can also look up more video's under youtube user name "portlandvftr."

part 1 of 5: http://www.youtube.com/watch?v=W8WijDe5BhQ

part 2 of 5: http://www.youtube.com/watch?v=ZVS-Fba0ExU

part 3 of 5: http://www.youtube.com/watch?v=8-JPZOI8hbc

part 4 of 5: http://www.youtube.com/watch?v=i_0zb02wORc

part 5 of 5: http://www.youtube.com/watch?v=BJNNG4o0d1A

In the early afternoon of September 8, 2005, police encountered Fouad Kaady shortly after he was in an accident that left him in shock and bleeding, burned over much of his body. Rather than calling for medical help, the police commanded him to lie on the pavement, even though they could see the burned flesh hanging from his body, and even though they said he appeared to be "in a catatonic state." When he did not comply with their orders, but instead continued to sit on the ground in a daze, they tasered him repeatedly. And then, they shot him to death.

In a report that was typical of the corporate media's response to this killing, Channel 8's ever-mealy-mouthed Kyle Iboshi held up a wad of papers left over from the "investigation" into the death, saying, "you can see how extensive this investigation was." He then commenced to highlight (literally, with a yellow highlighter pen) what he claimed to be the relevant details of the case. Not surprisingly, Iboshi was very selective in what he chose to focus on. He accepted, without question, everything that the PIO had told him to say. He never asked a single question about why two officers might have shot an obviously unarmed man to death. And, he concluded his report by implying that Kaady must have been "on drugs" at the time of the killing, as if that might excuse the officers' behavior.

And so, in a pattern of violence that is repeated almost every day in this country, the police got away with murder. So far, anyway. They did so because they have the power and the authority to carry guns and to use them, and to avoid facing the consequences of their actions. And, they got away with it because the complicit corporate media helped them to weave a story that would lull the public into silence. As in so many incidents like this one, they told a story that was engineered to cause people to blame the victim, and accept the violence. No questions asked.

The truth about what happened to Fouad Kaady is important. It's important to bear witness when a member of our community is cut down like this. It's important to stand up for the person he might have been, rather than accepting the media's portrayal of him as merely some drug-crazed monster who "had it coming." It's important to know just how deep the culture of police violence runs through our cities and towns, and just how fist-in-glove the corporate media has been with the police state. And that's why this video is important. Even if you think you know the story, you're not going to believe this. Over the course of a year and a half, Videoistas painfully and meticulously gathered evidence, combed through records and reports, spoke with witnesses, and pieced together the real story. It's much more disturbing than what you might have seen on KATU, but it's the truth. And the least we can do for a fallen comrade is to take the time to learn the truth about what really happened to him.

Believe it or not, this story is told in the officers' own words. And you won't even believe what you hear.

Fouad Kaady’s 29th Birthday

author: Lew Nassa - published in Portland Indymedia

On Monday, Fouad would have been twenty nine years old, and presumably enjoying his new found career as a real estate salesman. He would still be the loving son, brother, friend, and human being that so many here have reported about.

On Monday, Fouad would have been twenty nine years old, and presumably enjoying his new found career as a real estate salesman. He would still be the loving son, brother, friend, and human being that so many here have reported about.

That did not happen. Instead, he was cruelly tortured and murdered by the fascist tools of the corporate state, Officer Bergin (Sandy Police) and Deputy Willard (Clackamas County Sheriff.

On September 6, 2005, Fouad was driving his parent's car, apparently carrying gasoline to his pickup truck, which had run out of gas. It was a hot day, and we think that he was clad only in shorts. At some point in this trip, something went dreadfully wrong. Initial reports indicate that Fouad was involved in a rear end collision with a car being driven by a Ms. Tiffany Stanko. From some witness' accounts, he may have already had a fire inside the vehicle, or it may have combusted when he struck Ms. Stanko's car. At any rate, he did not stop, as he may have been otherwise engaged (people who are on fire sometimes do strange things). Ms Stanko started the law enforcement gang rolling with her cell phone cries for help.

Meantime, Fouad was still careening down the rural highway, and struck a couple more cars, before running off the road and bailing out, tearing what little clothing remained from his body, while fleeing the flaming car, which was a total wreck.
Here, a "coincidental" thing happened: Ms Stanko's uncle, who was working on a survey crew nearby, chased Fouad into the woods with a baseball bat. According to him, he caught up to Fouad, and tried to grab him, but since Fouad's skin was burned and peeling, and he was bloody, he lost his grip as Fouad kicked out at him. Fouad fell to the ground at that point, then rose, and continued to run, through the woods, apparently hysterical with pain.

By this time, there are countless first responders in the area, including an ambulance, a couple of fire rigs, and multiple agency police. Enter our two heros: Willard, who a few moments ago was many miles away, finishing part of his lunch and trying to decide whether to have his power bar or his afternoon prayer, and Bergin, a rookie in Sandy, who was also headed for lunch when he heard the calls for aid. Upon arrival in the area, Willard removed his shotgun from his patrol unit, and took off like Rifleman, through the woods, presumably to bag an elk or something similar.

Unable to see the victim (Fouad IS the victim), he returned to the safety of the street, when Bergin came screaming up in his patrol car. About this time, a witness came by, saying that they saw a badly bleeding naked man, about a quarter mile up the road from where this assembly of first responders were congregated. Of course, Willard leaped into Bergin's car, and they screamed off like Batman and Robin, in hopes of being first to "bag" this helpless victim.

When they arrived, according to both officers, Fouad was "seated, Indian style (cross legged), naked, bleeding, with skin hanging from his body, rocking back and forth, in a catatonic state, and moaning." Seeing that Fouad was unarmed, and obviously injured, Willard said and did the only intelligent thing that he did in the entire encounter, he "transitioned to less lethal force (taser), and put down his shotgun. Of course, he had another brain lapse at this point (shoulda had the power bar), he tossed the loaded shotgun onto the hood of Bergin's car, and both officers draw their electric torture tools, and advance upon the victim (catatonic, seated, naked, bleeding, injured, etc.), yelling in typical "Cops" style (can't you just hear them?) for him to prone himself on the hot pavement. When he did not comply with these ridiculous demands, Bergin began tasering him, and continued until his toy ran out of electricity. Then, because the victim was writhing in pain, and they had no idea what to do with him (obviously, the idea of first aid never occurred to them), Willard similarly discharged his taser until empty.

Fouad, when added pain of the tasers ceased to torture him momentarily, did the only thing anyone would do in such a state, he fled the pain givers, and climbed to the highest refuge that he could find, the top of the patrol cars.

The protectors of the public peace had by this time decided (according to their statements) that there was no way that they could allow Fouad to leave, and yet, that there was also no way that they would allow him to touch them (all that icky blood and skin and stuff), so they had no choice. They shot him seven times, and at some point in this homicidal action, Fouad's young life was terminated.

Because of these fine individual's insensitivity to the agony that the victim was suffering, and their unwarranted fear of blood (first responders?), Fouad's family and friends must now SUFFER through his birthday, rather than celebrate it.

Please take a moment to share their pain, and to consider what has brought us to the state we are now in, where such egregious actions were not even condemned by a grand jury, led by the District Attorney, mentioned above. How will you be treated, if ever you are injured, bleeding, and burned?

A quick search of Indy, using Fouad's name will bring up past entries, for those who have just joined us.

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?

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.

Candlelight Vigil for Fouad Kaady

author: Citizen - published in Portland IndyMedia

Fouad Kaady was killed by police unjustly 2 weeks ago. We need to support the communityu and demands anwsers from those that aree supposed to serve and protect!
His pickup truck ran out of gas around a mile from his parents home in Gresham. He got the truck to Ricks fencing. He forgot his phone at home so he could not call anyone for help. So he ran to his parents home , picked up his Mothers Buick,(his mother was out of town at the time,) grabbed a gas tank and filled it up. When he got to Ricks fencing his truck was towed. It was parked on private property. It was towed out to Sandy.. So Fouad headed out to Sandy in his Mother's buick with the gas tank in his car. Fouad a smoker, lit up a cigarette in the car.. From there unsure exactly what happened. We knew he was the gas tank caught fire in the car. Causing him to drive recklessly and hitting two cars. He ran out of his car indulged in flames and ripped his clothes off. He suffered serious head injuries from the wreck. He ran onto a guys property asking him for help, the guys saw him as a crazy naked man chased him with a bat. In defense of himself, Fouad kicked him. The man claimed he was trying to help. Shortly later two cops arrived at the scene, they sat him down and he kept standing up. They eventually tased him 10 times, with 50 volts of electricity. Being bloody and naked the cops did not want to touch him. He would fall but stood back up. Eventually jumping on a cop car the police officers shot him in the chest 5 times killing him. Fouad was a good man that did not believe in violence. He loved people and was harmless. A father of a Mexican kid was at the funeral,apparently his son was killed and his body was found in the the woods of Sandy. His son had complained for some time about the Sandy officer harassing him. When the father found out that Fouad was an Arab he wanted to learn more. The Sandy police department would not help with his murdered son.

We need justice, but if the police are found liable it would bankrupt Clackamas county and Sandy. They will do everything they can to cover it up. I ask of our community stand up and prevent this from happening again. The police initial report indicated that he was a psycho who was wanted for hit and runs. Fouad was a beautiful person who did not use drugs. The local medial initially attacked his character based on the info that was released by the police spokesman. Please, Please, HELP!