Portland Officer Mistakenly Fires Live Rounds

July 1, 2011
A Central Precinct officer Thursday morning mistakenly fired five live shotgun rounds at a man refusing to follow police orders, when he intended to fire bean bags, Portland police announced about seven hours after the incident.

A Central Precinct officer Thursday morning mistakenly fired five live shotgun rounds at a man refusing to follow police orders, when he intended to fire bean bags, Portland police announced about seven hours after the incident.

A 15-year bureau veteran was placed on administrative leave in connection with the first mistaken shooting involving live rounds loaded into a less-lethal bean-bag shotgun in the bureau's history. The bureau began carrying the less-lethal shotguns in the mid-1990s.

"Our training protocols are designed to prevent this from happening," Chief Michael Reese said, in a prepared statement Thursday night. "I have instructed supervisors to immediately remind every less-lethal beanbag shotgun operator to visually inspect each round as they are loaded into the weapon and review less lethal beanbag shotgun training protocols."

The wounded man was struck by five pellets in the hip and taken by ambulance to OHSU Hospital with what police said were non, life-threatening wounds. His name was not released Thursday night.

"When they began to take him into custody," said Lt. Robert King, police bureau spokesman, "officers had discovered he was hit by live rounds."

It was the second officer-involved shooting this year, and comes three weeks after the U.S. Department of Justice announced it was beginning an inquiry into the bureau's use of force, particularly against those with mental illness.

Specific officers are certified to carry the bean-bag shotgun in their patrol cars, and must visually inspect each round, according to bureau protocol. Lethal rounds are red and blue, and less-lethal rounds are yellow and clear. Officers are required to do a safety check and load the weapon at the start of their shifts.

Less-lethal rounds are nylon bags filled with lead shot that are fired from a shotgun and hit with the intensity of a line-drive baseball.

"There are several safeguards that should have presented this from happening," said Dan Handelman, of Portland Copwatch.

With the newly-issued shotgun-fired Tasers, if a live round is placed inside, it can't be fired, according to police.

"Why aren't the bean-bag shotguns like that?" Handelman asked. He also suggested that this kind of incident should prompt drug testing of the involved officer.

Portland homicide detectives and the East County Major Crime Team are investigating the shooting.

The shooting occurred after Central Precinct officers responded to reports around 9: 55 a.m. that a man had been acting in an intimidating manner at Lair Hill Park. A caller told police he appeared intoxicated, was harassing children at a day camp in the park, and a second caller said he had a pocket knife concealed up his sleeve.

Police located the man about seven blocks south of the park in a grassy area behind Caro Amico Italian Restaurant, where Southwest Naito Parkway meets Barbur Boulevard.

King said officers spotted the man at Southwest Pennoyer and Naito Parkway. He ran up an embankment toward Barbur Boulevard.

King said the man did not comply with police commands and an officer fired his less-lethal shotgun five times, unaware it contained live buckshot rounds that are similar in size to a .32-caliber round, King said. Police did not say what the officers were commanding the suspect to do, or if the officers ever saw a knife.

Witnesses said they heard a confrontation behind Caro Amico Restaurant, police yelling commands and multiple shots fired.

Jay Smith was driving north on Southwest Barbur Boulevard shortly before 11 a.m. when he noticed about three officers standing in the lawn behind the restaurant. "They were spread out with their guns out," Smith said. "I saw a guy had run out from under the overpass, across Naito Parkway over to Caro Amico's parking area."

The man, described as in his 20s and wearing black shorts, "was running frantically," Smith added. Smith said homeless people often sleep under the overpass just east of the Italian restaurant.

Told later that the officer mistakenly fired live ammunition from a less-lethal shotgun, Smith said, "When you're using a gun, I'd think you'd check it pretty well."

Laura Jones, who lives in the basement of a house at the corner of Southwest Pennoyer Street and Naito Parkway, estimated the shooting occurred around 10:40 a.m. Jones said her husband was outside exchanging pleasantries with a stranger when she saw a Portland police officer armed with a rifle approach. Her husband came inside. They heard police yelling commands in a serious tone and then heard at least two shots fired.

Nate Weaver, 25, who was asleep in his Southwest Naito Parkway apartment, was awakened by the shooting, hearing three to four shots. "I just heard some yelling and then heard some pops," he said.

There was an immediate and significant response to the scene from law enforcement and City Hall, including Mayor Sam Adams, Multnomah County's chief deputy district attorney Norm Frink, deputy city attorney Dave Woboril, the police bureau's Assistant Chief Eric Hendricks, Central Precinct Cmdr. Vince Jarmer and Detective Division Cmdr. Ed Brumfield.

Under a new agreement with the police bureau, Constantin Severe, the deputy director of the Independent Police Review Division, also responded to the scene, accompanied by the police director of services, Mike Kuykendall. The police union president, and private attorneys also arrived for Portland officers at the scene.

A Multnomah County grand jury will review the shooting after the investigation is completed.

King, in his first briefing with reporters about 12:50 p.m., did not mention the ammunition mistake, only saying one round was fired and a suspect wounded. The mayor, who frequently tweets from crime scenes, did not send any tweets Thursday.

A parent at Lair Hill Park said later Thursday morning that the man had approached an adult in the park, but had not bothered any of the children, who were moved elsewhere.

McClatchy-Tribune News Service

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