April 28, 2004

Update

Now at the top of the hour, Swan is taking the court through a map/diagram of the scene (which Rose showed earlier). Swan and fellow detectives were responsible for this being generated from the measurements they took at the scene. Swan's testimony thus far is more setting-the-scene stuff.

Update

Ethen Lindsey reports that the aforementioend "Detective Rose" was actually Detective Jon Rhodes. The questions asked of him were questions asked by Perez' attorney.

Update

Swan, at Schrunk's request, also briefly identified/described a photograph showing the bullet casings and Taser cartridge, with the latter's wires heading into the passenger compartment. He described the physical functioning of the Taser, and where the bits that are blown off when it's used were found. Swan is describing the position of these various pieces of evidence, such as the bullets, one of which fell out of the car as Perez' body was removed from the vehicle. The Taser wires were cut so that the cartidges could be removed separately. One of the Taser cartridges was on the driver's seat and was pulled out when Perez' body was removed. These items were the only items of evidence "seized" at the scene itself.

One of the jurors has asked a question if they Taser actually hit Perez. Swan said he did not attend of autopsy, but says another detective who did attend reported that one probe hit Perez but the other hit the seat. "To be effective, both probes are supposed to hit the clothing or the subject," Swan said.

A written question asks about how many feet a bullet casing will project from a gun, and if it gives an indication of where the shot was fired from. Swan says typically they are ejected back and to the right, and each gun has a unique ejection pattern. Based on where casings were located, Swan says, you can estimate that the gun was discharged somewhere off the driver's door, but just how far depends on the handling/position of the gun, distance from the ground, and what kind of surface the casing hit when it hit the ground.

Update

"Somewhere in the area of the open driver's door," Swan said. His testimony has been completed and the inquest is in recess until 11:25 AM.

Update

One of the things we cannot do by covering the inquest from home is give a sense of what's happening in the courtroom itself, both fromthe public and the jurors. Ethan Lindsey has been capturing some of that along the way, so be sure to kee checking over there as well.

Update

In what obviously will be one of the more interesting portions of the inquest, Office Sean Macomber will take the stand next. Macbomer is the partner of Officer Jason Sery, was the officer driving the police vehicle, was (as reported earlier) was the one who initiated the traffic stop, and is the officer who fired his Taser at Perez after Sery had already fired his gun.

Update

Macomber is one the stand, and Schrunk has established that he is there voluntarily, and that he voluntarily gave statements to investigators the night of the incident. He is giving some of his biographical background. He was hired in February of 1999. Schrunk has asked about his training, which involved a "six-month academy" and also the City of Portland's "advanced academy." In addition, he has obtained other certifications (weapons-related) since becoming a PPB officer.

Update

Macomber's normal patrol is by himself, not with a partner, he reports. He has a specific area that is his normal patrol.

Schrunk is now leading the testimony to the night of March 28. He works from 4:00 PM until 2:00 AM. Macomber explained that this day he ended up with a partner because Sery's usual partner was unavailable that day and so that he didn't have to take out a car by himself, he was partnered with Macomber, who had partnered with Sery "in a few occassions" previously.

Asked by Schrunk, Macomber said he had his "normal amount of sleep" that day. He says there was nothing else going on that would make him "particularly aggravated" (or perhaps "agitated") -- which were Schrunk's words.

Update

Macomber is indicating via exhibit that the scene of the incident was part of his normal district. He reports that at the time, they were "not looking for anything specific." Although he had received complaints about narcotic activities in that area, and that he wrote a citation for an open container in that area.

While travelling, his "attention was immediately drawn" to a vehicle ("a luxury sedan") that was off the main streetm, not on a street used for main transportation through the area -- these things are what drew his attention to the vehicle.

He verbally read the plate number of the vehicle. He says he had not previously seen this vehicle or had any reports of it. After reading off the plate number, he glanced inside the vehicle and glanced two occupants inside, who did not want to make eye contact "as if they did not want us to notice them." In his rear-vew mirror, Macomber noticed the vehicle had been a turn through a stop sign, and he saw the registration of the vehicle which indicated its owner was born in 1959, which did not match the people he saw inside.

Given this discrepancy, "in this area of Portland," Macomber says it "seemed likely to me" that they might be involved in some sort of illegal narcotic activity. At that time, he saw the car stopped at an intersection "waiting." It then turned onto N Fessseden, and Macomber turned there as well. He accelerated to catch up to the vehicle but was "not violating the speed limit at the time."

Macomber says he got close to the vehicle and saw there was only one person in the vehicle now, and the car turned into the parking lot where the incident would later occur.

Macomber turned on his emergency lights to indicate a traffic stop.

Update

Turning to another exhibit (the previously-seen diagram of the scene of the incident), Macomber has been asked to point as he continues his description of events.

At that time, he says, he got out of the patrol car and approached the vehicle. As he was shutting his door, the dirver rolled his window down and yelled back at Macbomer "in a forceful tone" -- "What's the problem?"

The driver did not get out of the car. Macomber says that "I believe [Sery] was getting out of the car at the same time I was." He says he verbalized to Sery earlier that he only saw one perosn in the car.

Macomber says, asked by Schrunk, that Sery also had no knowledge of this car or this person.

Aproaching the vehicle, as he got close enough to the driver's side, he asked for a license. Macomber's weapon was not out at this time, he said, his hands down at his side in "my normal approach pattern."

The driver told Macomber he did not have a license. At this time, Macomber says he was 1-2 feet away from the car. The driver's side window was "completely down."

Macomber says he asked the driver for an ID card since there was no lisense. Macomber says the driver "mumbled a response" -- a "verbal response but it didn't sound like anything." It didn't sound like words, Macomber says.

Macomber says that at that time the driver's body turned somewhat toward him, looking back over his left shoulder. Macomber says that at that time the driver's hands were resting on his lap, and they nmade eye contact.

Asked by Schrunk, Macomber said the mumbled response "was weird." He asked again for ID, and there was a "period of eye contact with him where he made no response." He didn't believe the driver had difficulty understanding the question.

The silence started making Macomber feel "a little weird," he says, that this was "not a normal traffic stop."

Macomber says after this, the driver said he did have ID. The driver took his left hand and moved it to the door panel and turned his body away from Macomber, the officer says. He says he pressed the power window button and began putting the window up, making it harder to Macomber to see "what he's actually going for in the car."

Macomber says he told him to stop rolling his window up, to leave it open, but was ignored. "He doesn't follow my instructions." The window continued rolling up, Macomber says, very fast.

Macomber reached down to grab the door handle and opened the door as the window was getting to top. The driver, he says, was leaving over the center console, he couldn't see the driver's right hand. Upon opening the door, there was another pause, Macomber says, and the driver's eyes were "in a stare ... as if he were making plans."

Macomber said it was a moment like he wondered what would happen next. The driver said, "I thought you wanted ID?"

He told the driver to put his ahnds on top of his head. He says his intention was to place im in custody. The driver sat back in his seat, right hand to the center console, which concealed his entire hand, with brown paper napkin concealing what was under his hand, Macomber says.

Macomber reached down and grabbed his left hand and elbow with both hands. The driver, he said, went completely islent at that time. "I dont rememebr him saying anything from that point forward."

Both hands on the driver's left arm, he told him to put his hands on top of his head, more than once. The driver looked away from what he was reaching for and looked back at Macomber. "At that point things started happneing very fast."

Macomber felt the driver was looking back at him to determine his physical location. Macomber tried to push the driver's face away from him to stop him from whatever he was thinking about.

Macomber says he thought the driver was "trying to acquire me."

As he tried to push away the driver's face, Macomber said, he leaned over a bit, and could see the driver's right hand was now in his pocket, "feverishly digging for something." He got a "very sick feeling in his stomach" and things were starting to get even faster.

Macomber said he became very afraid of what the driver was going with this right hand. He tried to push the back of the driver's neck as leverage to stop him from being able to come around with whatever was in his pocket.

He thought that if he could bend the driver over, his ability to do whatever might be happening would be limited. At this time, Macomber felt there was no advantage and he was becoming aware that his hands were in use, and an "overwhelming sense that something bad was happening" and that he was "doing all I can and it's not enough."

As this is happening, Macomber says, the other officer is yelling, telling Macomber to "move back." At that time, Macomber has an "audible memory" of hearing shots.

The next thing he says he can remember is that he can still see some movement from the driver, that's when he retrieved his Taser and fired.