March 30, 2004
District Attorney To Conduct Public Inquest Into Perez Shooting
Police Chief Asks FBI For Civil Rights Investigation
No longer breaking news, since we've been busy fighting with our wireless network (we're fairly certain our base station has somehow decided to munge itself into unusability), but at a District Attorney Michael Schrunk announced that his office would indeed conduct a public inquest into Sunday's shooting of an unarmed African-American man by an office in the Portland Police Bureau.
In addition, Police Chief Derrick Foxworth announced that he had asked the Federal Bureau of Investigation to conduct a civil rights investigation of the shooting, and the Bureau has agreed to do so.
At the news conference, his second on the matter in as many days, Foxworth indicated that he had met again with the family of 28-year-old James Jahar Perez, as well as with community leaders and elected officials.
Foxworth said he was seeking to maintain "open and constant communication between community members and Police Bureau members," and that the information he shared with the family was the same information being presented at the news conference.
Assistant Police Chief James Ferraris said that the investigation into the shooting has been going on "continuously" since Sunday night, and is expected to last through this week and into the next. Addressing one of the early questions about the incident, Ferraris said that there is "no information to indicate" that the officers involved knew who Perez was at the time of the shooting.
Ferraris also said that searches of the vehicle and of Perez' body found no signs of any weapon, that Officer Sean Macomber was interviewed Sunday night, and that Officer Jason Sery was interviewed yesterday -- both within 24 hours of the shooting. In addition, he said that Sery fired three shots at Perez, hitting him in the torso. According to the autopsy, Perez died of a gunshot wound to the chest.
Also according to Ferraris, "Sery subjectively believed that Perez was armed." He refused to elaborate at this time on the reasons why Sery believed this.
Macomber, according to the investigation so far, used his tazer after Sery had fired his gun at Perez. It is unclear at this time why he did so, or just how much time transpired between Sery's firing of his gun and Macomber's use of his tazer. According to Ferraris, one probe of the tazer struck Perez' forearm, while the other struck the seat.
Foxworth said that he had spoken directly with FBI Special Agent in Charge Robert Jordan and asked that a civil rights investigation into the shooting be launched, and that Jordan had agreed to do so.
("Under Federal Statute," said Jordan -- in some other form, since he was not at the news conference -- "whenever a law enforcement official, under the color of law, willfully subjects any person to the deprivation of any rights secured or protected by the Constitution or laws of the United States, they shall be fined and/or imprisoned.")
Schrunk indicated that once the investigation is completed, it will be reviewed by his office, after which "we are going to have an inquest." Schrunk said that decision came after meetings with a number of community members.
"An inquest is a creature of statute," Schrunk said, "[and] it does not deal with criminality." He called the inquest an "opportunity for the public to actually hear the witnesses who have come forward," and asked that members of the media help educate the public as to the nature of public inquests, so they understand what to expect and what not to expect.
"A grand jury will be convened [after the inquest]," Schrunk explained, "to look at the narrow issue of criminal culpability."
He explained that "neither the results nor the testimony [from the inquest] can be used in a civil or criminal proceeding." But he cautioned that witness testimony before the inquest is still under oath, and can be used to pursue purjury charges should that testimony be contradicted by the witness during criminal proceedings.
Foxworth said he supports Schrunk's decision to conduct a public inquest, and said that the Police Bureau will fully cooperate with it. He called the inquest a chance for the "public to hear the facts in a public setting."
"We have nothing to hide," Foxworth added. He also asked for continued patience, and continued support for the family and the community.
Asked why a public inquest will be conducted in this incident when one was not forthcoming after the officer-involved shooting of Kendra James last year, Schrunk explained that in the earlier incident "we thought there was going to be a vehicle" for communicating accurate information to the public (that being the public forum on the matter, which was delayed for two months), but in hindsight it "just didn't seem to have the proper structure."
At the time, community members expressed frustration with how representatives of the Portland Police Bureau conducted themselves at that forum, much of it directed at then-Chief Mark Kroeker.
Schrunk called this an "opportunity to see if the inquest procedure will work," adding that "the jury is still out" as to that question.
Comments (1)
Rob on 31 Mar 2004
After listening to Lars Larson for the past two days discuss with his predominantly (jump on your leg) faithful the recent officer-involved shooting of an unarmed man in North Portland, I am sick to my stomach! Larson and his faithful want us to believe this was a justified shooting.
Based on what we know at this point, I strongly disagree! First, I think it appropriate I tell you I am the son of a retired Police Officer, and the nephew of a now deceased Portland Police Captain who commanded North Precinct for many years. I am all to familiar with many police procedures, not to mention the fear and apprehension that goes through every officers mind when he puts on that uniform and reports for work, not knowing if today will be his last. My father and uncle always seemed to associate only with other law enforcement types. I eventually learned it was difficult for them to associate with anyone else because when they donned their uniforms and fastened their gun belts, every single one of the rest of us became that potentially dangerous suspect who could bring their lives to an end in that one unsuspecting moment. I grew and learned to understand that it’s a tough, dangerous job, but that’s what they signed up for. They were proud to risk their lives each day for the rest of us.
What I find so disconcerting for the moment is why hasn’t Officer Jason Sery who fired the fatal bullets into James Jahar Perez, issued any kind of formal apology to the victim’s family? We are being led to believe that he was justified in his actions, so why is he being so tight-lipped that he can’t even offer his condolences to the family of the victim? Could it be that this shooting wreaks of controversy, and he’s only interested in how he’s going to save his butt? Who knows, but he definitely needs to accept responsibility for his actions, justified, and especially unjustified.
Let’s review some of the information we’ve received thus far……Perez was pulled over for failing to signal. By beat neighborhood cops? The cops I grew up around usually wouldn’t waste their time dealing with simple traffic infractions. They would save that for the motorcycle cops, State Police or other units specifically designated for traffic, unless……they recognized the suspect, and conveniently used the infraction as an excuse to pull the vehicle over in order to see what a known felon might be up to. In today’s Oregonian, a story entitled “Officers will face a public inquest”, by Maxine Bernstein, states police said there was no indication that either Officer Jason Sery or his partner, Officer Sean Macomber knew Perez’s identity before the shooting.
That’s very hard to believe! You have a felon who is on parole with convictions for drugs, resisting arrest, assault on a police officer, and whose family lives just down the street from North Precinct headquarters, and two five-year veterans of the police department hadn’t recognized him? A guy known for resisting arrest and assaulting police officers. Sorry, but for cops, those are the ones you do remember!
It’s been reported the entire incident didn’t last much longer than one minute from the time Perez’s vehicle was pulled over until he was shot. Why then, in that short amount of time, did these officers allow this situation to escalate as quickly as it did over nothing more than an unlicensed driver with an attitude who failed to signal? Are we to believe these serious infractions were justification for an officer to have his weapon drawn, and another standing by with a taser in hand? Not to mention their attempts to physically remove Perez from the vehicle in order to place him under arrest. All this for a suspect that the police department contends hadn’t even been identified yet? Not only that, it appears the officers allowed Mr. Perez to orchestrate the series of events with his bad attitude. Allowing their emotions to get the best of them, and instead of using their training in an attempt at diffusing the situation, actually contributed to it’s escalation. A bit late for the “what if’s”, but what if the officers had taken a different, possibly more polite and respectful approach to Mr. Perez. I’m sure we would all agree there are more than a few officers that could use some more training in those two subjects these days. If they had taken that approach it’s quite possible the entire incident could’ve ended with Mr. Perez receiving a citation, and walking home. But then the coroner found some dope in Perez’s mouth during the autopsy. Listening to Lars Larson repeatedly make mention of that today, as if that was some sort of justification for the use of deadly force made me want to puke! Let’s not overlook the fact that the dope was found well after the incident was over, by the coroner.
The statute is clear on when an officer can use deadly force, and that is only when the officer feels like his life, or the life of others is in jeopardy. If an officer’s assumes that a suspect is reaching for a weapon, that’s simply not good enough in my opinion to satisfy the conditions of the statute. If we allow an officer’s assumption to be good enough, then we have given every police officer a license to kill.
Michael Schrunk, the District Attorney for Multnomah County, announced Tuesday he will hold a public inquest into the fatal police shooting. Such an inquest would be a first in the city in nearly two decades. Our fearless Mayor/police commissioner, Vera Katz has requested the inquest along with two state lawmakers in a feeble attempt to appease the public. Such an inquest is a waste of time. The ORS statutes, governing the process of public inquests, clearly states the objectives of which there are four (4).
a. Inquire into who the deceased person was-We already know that answer, James Jahar Perez
b. When and where the deceased person came to death-Sunday afternoon (the time escapes me for the moment, but it’s been recorded), and in front of a Laundromat and grocery store (again the names escape me, my apologies)
c. The cause of death-bullet wounds fired by Officer Sery to the victims chest
d. The manner of death-during an altercation with police
So I ask you, what would be the reason for this inquest?
If there is anything to be learned from this incident thus far, regardless of whether or not you’re a convicted felon, you better be careful the next time you reach for your license, registration and proof of insurance