The Oregonian | By Zaeem Shaikh | September 10, 2024
The city of Portland is poised to appeal a $1 million award to the family of a man shot and killed by police while he was experiencing a mental health crisis in 2021.
The City Council in a 3-2 vote last week approved the city attorney’s request to appeal the civil court judgment. Although the appeal has not yet been filed, representatives from the office said they believed it’s necessary to have a clearer interpretation of revised Oregon law around police use of deadly force.
Carrie Belding, a city spokesperson, said the city filed a notice of appeal Monday.
In Oregon, an officer may use deadly force only when it is objectively reasonable to believe a person poses an imminent threat of death or serious physical injury to an officer or a third party. The law asks officers to consider alternatives, including using verbal de-escalation and less lethal force.
“It’s important to have a clear interpretation of [the law] so that PPB members can have clear guidance on the contours,” Deputy City Attorney Naomi Sheffield told City Council last week.
Michael Townsend, 40, was fatally shot by Portland police Officer Curtis Brown in the parking lot of Motel 6 in Northeast Portland on June 24, 2021. Police said Townsend advanced on Brown with a screwdriver and threatened to kill him. A Multnomah County Circuit Court jury found the city liable in May of this year.
The city tried to appeal the jury’s verdict, asking the judge to substitute his own judgment, notwithstanding the verdict, or call for a new trial. The judge denied both motions in July.
Officers responded to assist medical personnel regarding Townsend, who called 911 reporting he was suicidal and high on meth. Brown was serving as a back-up cover officer as he, Portland Fire personnel and Officer Brett Emmons responded to the motel. A grand jury found no criminal wrongdoing in the fatal shooting.
In the City Council session, attorneys representing Townsend’s family, a juror in the case and Townsend’s sister urged officials to reject the appeal.
City attorneys have argued the reasonable standard under the law applied when Townsend moved toward officers with a screwdriver. They also argued the court declined to include the city’s defense that Townsend engaged in felonious conduct when he wielded the tool.
“This appeal focuses on legal rulings by the trial court, and an appeal will help clarify recent changes in state law,” said City Attorney Robert Taylor in a statement Monday.
Twelve people, 10 men and two women, served on the jury in the case, according to Denise Chapman, one of the jurors who testified last week.
“I’m here because I want it to be known to all of you that we as the jurors, we did our job,” Chapman said. “We understood what was presented to us as evidence. And we understood everyone’s testimony.”
Rachel Steven, Townsend’s sister, pleaded with city commissioners to vote no, saying she’s not sure if her parents can testify again.
“My mom is just devastated, my son and I are just heartbroken and this has taken three years,” Steven said.
City commissioners said the case is an example of failures in access to behavioral health services in the state and said better efforts are needed to route mental health calls to teams with specialized training to respond to people in crisis.
“This is a heartbreaking story, it’s heartbreaking on a number of fronts,” said Commissioner Rene Gonzalez. “We have a region, a state, a community that has failed on behavioral health.”
Gonzalez said the officer had to make a split-second decision but said it’s not clear how the law should be interpreted. Mayor Ted Wheeler said the law needs to be interpreted so first responders can better understand how to act in the future. Gonzalez, Wheeler and Commissioner Mingus Mapps all voted in favor of the appeal.
Commissioners Carmen Rubio and Dan Ryan voted against it.
Townsend had called 911 and asked for an ambulance ride to the hospital. When officers arrived, he appeared to change his mind and asked to go back to his room, according to court records. Both officers were in their cars and preparing to leave when they decided to make one more attempt to talk to Townsend to see if he would agree to go to the hospital. Townsend initially agreed, and an officer told him he would need to pat him down before they could drive him over.
Townsend became agitated and pulled a screwdriver out of his pocket and lunged forward just as Brown pulled out his pistol and fired, according to court records.
Michael Fuller, the lead attorney for Townsend’s family, said via email last week he thinks the jury’s decision should stand.
Nevertheless, his colleague said they’re prepared for the possible appeal.
“We’ll go to Salem; we’ll do what we have to do to protect this verdict,” said attorney Nate Haberman.
