Rogue Valley Times | By Kevin Opsahl | August 18, 2023
A Central Point man who said last month he was shot at while driving on Interstate 5, chased in his SUV into Gold Hill and called racial slurs by a Tidewater man has lodged a civil lawsuit against the man seeking $1.1 million in damages.
Bryan Sentell McLeod, 42, who is Black, wants a Jackson County Circuit Court jury to order Jered Cody Hayden, 35, who is white, to pay for the injuries he suffered as a result of the incident July 27. Hayden was arrested and charged with multiple felonies, including first-degree bias crime. He was released from jail on bond, but does not yet have an attorney in his criminal case.
Michael Fuller, a Portland-based lawyer who represents McLeod, believes the civil justice system is the primary way in which his client will get compensation as a result of the trauma he endured.
“Those allegations (against Hayden) are troubling and horrible, but he’s entitled to his day in court, and he’s presumed innocent,” Fuller said. “And in a civil case, he’s not liable until a jury holds him accountable.”
Hayden could not be reached for comment.
Fuller’s complaint states that McLeod “incurred property damage, medical bills, sustained a gunshot wound, a broken arm and injuries to his body” as a result of Hayden’s actions. McLeod also “experienced pain, mental suffering, emotional distress, humiliation and inconvenience and interference with normal and usual activities, apart from activities in a gainful occupation (farming)” from the July 27 incident. Fuller said Thursday McLeod is in “stable condition” and out of the hospital.
McLeod’s complaint is based on three claims: negligence, assault and battery. Fuller said other claims could have been made in this case, but he wants to keep the case simple for the jury — a group he believes can sometimes be apprehensive about the notion of awarding “money for hurt feelings.”
Nevertheless, Fuller said, “It’s really a beautiful part of the system that 12 random people in Jackson County will be deciding the results of the case. It’s my job to give them as much evidence and information as I can to help guide their decision.” The $1.1 million request for damages is the highest amount the jury can award in the case, according to Fuller.
“We wanted to pick a number that was big enough that it gives the jury plenty of leeway,” he said, “but not so big that it’s insulting to them. When the jury sees what our client went through, some of them may think that it’s not high enough, but we wanted to err on the side of caution.”
Asked how McLeod’s civil suit might evolve as Hayden’s criminal case goes forward, Fuller said, “it does have staying power, regardless of the outcome of the criminal proceedings.” However, Fuller did not rule out the possibility of a “civil compromise” that could come in Hayden’s criminal case.
As far as how the civil complaint might evolve with several of McLeod’s open criminal cases — including a marijuana charge in Idaho — Fuller said it would not impact McLeod’s civil complaint.
“That’s a great question,” he said. “The civil suit will move forward. The trial court has rules about unavailable witnesses. At trial, if a witness is unavailable, under the civil rules you can often use deposition or video of their testimony in lieu of live testimony.”
Fuller’s office, OlsenDaines, is asking anyone with information about the July 27 incident to contact them at 503-222-2000.
“It’s typical for a defendant who is also facing criminal charges to plead the Fifth Amendment or not take the stand in a civil case,” Fuller said. “For that reason, it’s especially important we make contact with anyone who witnessed what transpired. Our client obviously has his perspective, but for a lot of it, he was either driving or running away.”
