THE KILLING OF RICHARD TOWNSEND BY THE CORVALLIS POLICE DEPARTMENT VERSION OF SCOTT HEISER, D.A.
Note: The translation from an image to a text file creates some anomalies which may be clarified by clicking on the appropriate section to view the original images. In reading this official report, the reader will note that the testimony of a witness who did not agree with the police officers' version was summarily dismissed as "hostile". It is also of value to note that friends of Townsend state that what the DA characterises as a "metal rod" was in fact a slender tent pole which the mentally deranged Townsend believed was a magic wand. In pursuing this story, it became increasingly clear to us at the 'Pages that, among a substantial segment of the city's population and especially among a large number of young people, there is a perception that the Corvallis, Oregon police department is not run by neither the city manager, the police chief, or the City Council but by a half dozen very violent thugs in positions of authority below the chief level, and that other officers who do not follow their direction find themselves repeatedly ostracized and reprimanded. The perspective is further bolstered by a firm conviction on the part of many - a half dozen of those we spoke with, repeated the story - that the thugs in the Corvallis Police Department come from Los Angeles, where several were dismissed for their violence. Given the reputation of the LA police for brutality (see photo above), such stories leave Corvallis police with little good will from that part of the city's population holding the belief. Whether this perception is correct or not, does little to alter the fact that for a sizable part of the city, suspicion and even outright defensive or evasive behavior has come to be perceived as necessary to avoid a tasering or a beating.
Memorandum
Corvallis Police Department
December 27,2005
To: Jon Nelson
City Manager
From: Gary Boldizsar
Chief of Police
Subject: Administrative Investigation: Officer involved shooting
Officer involved shootings - the use of "deadly force" by an officer in the
course of performing their
duties requires that two separate investigations be conducted. One investigation
focuses on the
criminality of the incident, generally conducted by an outside agency (In this
case the Oregon State
Police ). The concurrent, yet separate investigation, addresses employee's
compliance with
applicable Oregon Revised Statutes, Department General Orders related to the
use-of- force and other
applicable internal policies of the Corvallis Police Department. This
investigation is the
responsibility of Corvallis Police Department Internal Affairs.
Specific Corvallis Police Department General Orders (GO) examined during the
Administrative
Investigation were as follows:
1. CPD GO 52.2 Internal Affairs Investigations (all)
2. CPD GO 1.3 Use of Force (all)
1.3.2 Use of Deadly Physical Force in Defense of Human Life
1.3.13 Discharging Firearms Report & Investigation
1.3.14 Administrative Review of Shooting Incidents
1.3.15 Chief s Review of Incident
1.3.17 Use of Force Report
Additional General Orders and other related information examined were as
follows:
1. Dispatch recordings of two (2) related 911 calls.
2. Dispatch recordings of radio traffic prior to, during and following the
incident.
3. Department MeT communication logs of vehic1e-to-vehic1e chat.
4. All administrative documents related to the incident.
5. Officer(s):
- personnel file,
- Use of Force investigations,
- Complaint Investigation history,
- Commendations,
- Training and Trainer records and certificates, and
- EWS (early warning system) records.
6. Officer(s) most recent performance evaluation.
7. Annual Sig Sauer P226 maintenance records for Officers Roach and Kantola.
8. Annual Sig Sauer P226 handgun qualification documentation.
9. Annual X26 Taser re-certification tests.
10. Taser Download Report related to 11/25/2005 deployment.
11. Corvallis Police Department Automated General Orders sign-off and related
info.
12. CPD Incident Report # 05C07347 and all attached documents.
13. BCSO Incident Report #05B4959 and all attached documents.
14. OSP Incident Report #05-445204 and all attached documents.
15. Related CPD CFS reports.
16. Related CPD CAD Unit Activity Reports.
17. Swing Shift Daily Report dated 11/25/2005.
18. Crime Scene Log dated 11/25//2005.
19. CPD Evidence Item Report.
20. Photographs taken ofthe scene, deceased and related topics.
21. Maps of the area, generated by computer software.
22. Crime scene diagram, constructed by OSP Total Station system.
23. Records and pertinent information regarding deceased.
24. Medical Examiner's autopsy report.
25. OSP Forensics Lab Report on BloodlUrine specimens collected from involved
employee.
Specific Oregon Revised Statutes examined were as follows:
1. ORS 131.615 Stopping of Persons.
2. ORS 133.235 Arrest by a Peace Officer, procedure.
3. ORS 133.310 Authority of a Peace Officer to Arrest Without Warrant.
4. ORS 161.015 General Definitions.
5. ORS 161.205 Use of Physical Force, generally.
6. ORS 161.209 Use of Physical Force in Defense ofa Person.
7. ORS 161.219 Limitations on Use of Deadly Physical Force in Defense of a
Person.
8. ORS 161.235 Use of Physical Force in Making an Arrest or in Preventing an
Escape.
9. ORS 161.239 Use of Deadly Physical Force in Making an Arrest or in Preventing
an
Escape.
10. ORS 163.208 Assaulting a Public Safety Officer.
11. ORS 166.025 Disorderly Conduct.
12. ORS 166.220 Unlawful Use of Weapon.
11 ORS 426.228 Custody; Authority of Peace Officers and other Persons;
Transporting to
Facility; Reports; Examinations of Persons.
As you know, the Police Department is nationally accredited through the
Commission on
Accreditation for Law Enforcement Agencies (C.A.L.E.A.) which requires all
policies and
procedures to be in compliance with the high professional law enforcement
standards established by
this respected agency. The Administrative Investigation into the November 25,
2005 Corvallis
Police Officer involved shooting revealed compliance with Department General
Orders, compliance
with Oregon Revised Statutes and compliance with other related internal
policies.
To: Gary Boldizar, Corvallis Chief of Police €V
Fr: Scott A. Heiser, Benton County District Attorney Silt
Dt: 12/22/05
Re: Conclusion of Death Investigation: November 25,2005, Corvallis Police
Officer
Shooting of Richard Dean Townsend (DOB: 10/11/55, deceased)
INTRODUCTION
At my request, the Oregon State Police (OSP) conducted a detailed investigation
of this
incident (drawing support from members of Benton County's Major Crimes Team, who
operated at the direction of the Oregon State Police). I have reviewed OSP's
investigation and I find that this shooting was a justifiable use of deadly
force and
conclude that there is no basis to believe that a crime has been committed.
Consequently, there is no reason to submit this case to the Benton County Grand
Jury.
ORS 132.310. Additionally, since the cause and manner of death are clearly
established, there is no reason to convene a jury of inquest under ORS 146.135.
A
summary of the facts, the applicable law, and my conclusions are set forth
below:
SUMMARY OF THE FACTS
On November 25,2005, (the Friday after Thanksgiving) at approximately 8:00 p.m.
Corvallis Police Department (CPD) Officer Brett Roach,' who was on duty, in
uniform
and patrolling the city in a marked patrol car, observed Richard D. Townsend,
DOB
10/11/55 (now deceased) near the intersection of NW 15th and NW Harrison,
Corvallis,
Oregon. Townsend was standing in the street, blocking traffic and appeared to be
yelling at the cars stopped in the street. This prompted Officer Roach to stop
and speak
to Townsend to see why Townsend was blocking traffic.2 Also present at this time
was
Gabriel Sapp, a newly hired CPD officer who was in training and riding with
Officer
Roach. Recruit Officer Sapp was not in uniform, was not armed and did not
interact with
Townsend.
[Footnote I: Officer Roach has been employed as a Corvallis Police Officer for
seven and a half years (six years as a
sworn officer and one and a half years as a reserve officer).
2: Earlier in the day CPD had received reports that: (a) at 4:40 p.rn. Townsend
was "mowing the street" and
waving rags at cars near the 500 block ofNW loth Street, Corvallis (CAD Call
Number I 12505~1 17) and
(2) at approximately 7:25 p.m., Townsend had left his home with the door open
and unlocked, with no
lights on and completely unattended (CAD Call Number I 12505~ I 63). Officer
Roach was not able to
locate Townsend in response to the first call, but did go to his home and secure
his residence for him. After
securing Townsend's home. CPD Officer Hurley warned Officer Roach to use caution
when dealing with
Townsend because Townsend had. one week earlier, attempted to fight CPD
officers. ]
Officer Roach attempted to interview Townsend about why Townsend was obstructing
traffic. During this time, Townsend was carrying a metal rod (approximately 3
feet in
length). Further, during the course of his contact with Officer Roach, Townsend
was: (a)
not responding to directions (e.g., he refused to drop the metal rod), (b)
combative and
(c) highly agitated. Additionally, subsequent toxicology testing of Townsend's
blood
revealed that Townsend was also intoxicated by alcohol with a blood alcohol
content of
0.16%, which is twice the legal limit applicable in driving under the influence
of intoxicant
cases. Townsend's demeanor prompted Officer Roach to request a backup officer to
come to the scene. CPO Officer Greg Kantola arrived within less than one minute
from
the point when Officer Roach asked for backup. Mark Robertson was with Officer
Kantola as a "citizen ride-a-Iong," a practice that, as you know, law
enforcement
regularly engages in to help educate the community about the true nature of
police work
in their hometown.
Based on Townsend's conduct, Officer Roach communicated to back-up Officer
Kantola,
that Officer Roach had probable cause to arrest Townsend for disorderly conduct.
Both
Officers Roach and Kantola repeatedly ordered Townsend to drop his weapon and
get
on the ground. Townsend, who was in close proximity to the officers, would not
drop the
metal rod and affirmatively refused CPD Officer orders to get on the ground.
Rather,
Townsend raised the metal rod over his head (in an attack posture) and focused
his
attention on Officer Kantola stepping toward Officer Kantola, causing Officer
Kantola to
fire his taser at Townsend. The taser did not have the desired effect because
one of the
electrodes failed to penetrate Townsend's jacket, and, for some reason, Townsend
then
immediately shifted his focus away from Officer Kantola and onto Officer Roach.
Townsend advanced on Officer Roach, at a fast pace, while Townsend was still
armed
with the metal rod. Townsend was holding the metal rod in an attack posture
(using it as
a spear) as he charged Officer Roach. Townsend remained in a combative and
agitated
state having displayed strong symptoms of significant mental illness earlier in
the day.
Witnesses to this incident report seeing a "see-sawing motion" or similar
movements
consistent with a physical struggle between Officer Roach and Townsend after
Townsend got close enough to Officer Roach.
In response to being attacked by an armed, unresponsive, mentally ill person who
was
undeterred by taser fire, Officer Roach stepped back and away from Townsend as
Townsend advanced, but Townsend continued to advance on Officer Roach while
brandishing the metal rod he had just seconds before raised above his head in an
attempt to strike Officer Kantola. Officer Roach fired his service pistol a
total of four
Townsend charged Officer Roach. The first two rounds, fired at a range of 10 to
15
feet, had no effect and Townsend continued to advance on Officer Roach. The
second
two rounds were fired at close range. All four rounds hit Townsend, one round
grazed
his body, the other three rounds entered his body from different angles due both
to
Townsend's movement as he advanced on Officer Roach and due to the struggle that
occurred as Townsend made contact with Officer Roach as Roach was firing.
Consistent with his training, Officer Roach stopped firing once the threat was
abated.
[3 Officer Roach's pistol, a.40 caliber, was fully loaded with all 13 rounds of
ammunition prior to the
shooting and there were nine rounds remaining in his gun, which was impounded
immediately after the
shooting. Four spent .40 caliber casing were collected at the shooting scene.
4 One of the four rounds hit Townsend in the back. The OSP crime lab found
powder stippling on this
bullet hole in Townsend's his jacket, a finding that is consistent with a shot
fired from a range of between three to twelve inches. This finding corroborates
the witness statements that some of the shots were fired at
very close range and during a physical struggle between Townsend and Officer
Roach.
5 Townsend's mother notes that her son was raised by his father to "hate and
distrust the police, doctors
and teachers." She also notes that, despite Townsend's diagnosis as being
bi-polar, Townsend refused to
take his prescribed medications. Further, given Townsend's long struggle with
mental illness, his history
of incidents of suicidal ideations~ and his refusal to follow' medical advice,
Townsend's mother told
Trooper Judah that she had been expecting this outcome for her son and she later
noted that her son's
"suffering was finally over."
Officers Roach and Kantola immediately started CPR and called for emergency
medical
assistance. Townsend was taken to the GSH emergency room where he was
pronounced dead as a result of the three gunshot wounds that entered his body.
The
entire incident, measured from the time of Officer Roach's first radio
transmission when
he discovered Townsend blocking traffic to the time of the "shots fired" radio
call, lasted
only one minute and 25 seconds in duration (this per the 9-1-1 recording of the
radio
calis made during this incident).
OSP Trooper Judah notified Townsend's mother of her son's death during the night
of
November 25th. Townsend's mother made a statement to Trooper Judah that her son
is
"bi-polar" and that he has been refusing to take prescribed medications for this
condition.
Further, Townsend's mother told Trooper Judah that she took Townsend to the
store
earlier in the day on November 25, 2005 so that Townsend could buy cigarettes.
However, Townsend's mother reports that rather than buying cigarettes, Townsend
purchased alcohol. Additionally, Townsend's mother made reference to her belief
that
Townsend was either using or seeking street drugs and that her son's desire to
acquire
street drugs may be part of the explanation for why Townsend was in the area of
NW
15th and Harrison on the night of November 25, 2005. Trooper Judah's report
contains
a number of statements from Townsend's mother that evidence a difficult family
dynamic
and the substantial toll Townsend's mental illness placed on his family.s
Because Townsend's death was investigated under ORS Chapter 146, t:le Benton
County District Attorney applied for a search warrant for Townsend's home. ORS
146.107(3). Judge Locke A. Williams issued the search warrant and the Oregon
State
Police served the warrant on the afternoon of November 26, 2005. Two pieces of
evidence were seized (a bottle of non-narcotic, prescription pain pills issued
to
Townsend's stepfather and a 2005 calendar noting some of Townsend's
appointments).
Despite the concerns expressed by his mother, there was no indication that
Townsend
was using illegal drugs. Additionally, as his mother stated, we found no
evidence to
indicate that Townsend was taking any prescribed medication to manage his mental
illness.
As part of this investigation, members of the Benton County Major Crimes Team
did a
neighborhood canvas, which identified four witnesses in addition to Officer
Roach,
Officer Kantola, CPO Recruit Sapp and Mark Robertson. These witnesses describe
hearing the police instruct Townsend to get on the ground and announce a warning
of
the imminent use of the taser. Without detailing their collective statements, it
is fair to
conclude that the observations of these four civilian witnesses corroborate the
statements of Officer Roach, Officer Kantola, CPD Recruit Sapp and Mark
Robertson
that Townsend refused to obey police orders to drop the weapon, attacked two
police
officers with a metal rod and that the police first used a taser to try to stop
Townsend's attack but, undeterred, Townsend continued his attack and was fatally
shot by Officer ]
APPLICABLE OREGON LAW
The two statutes that govern trle analysis in this case are ORS 161.235 and
161.239.
The text of each statute is set forth below:
ORS 161.235 Use of physical force in making an arrest or in preventing an
escape.
Except as provided in ORS 161.239, a peace officer is justified in using
physical force
upon another person only when and to the extent that the peace officer
reasonably
believes it necessary:
(1 ) To make an arrest or to prevent the escape from custody of an arrested
person
unless the peace officer knows that the arrest is unlawful; or
(2) For self-defense or to defend a third person from what the peace officer
reasonably believes to be the use or imminent use of physical force while making
or attempting to make an arrest or while preventing or attempting to prevent an
escape. [1971 c.743 ~27]
ORS 161.239 Use of deadly physical force in making an arrest or in preventing an
escape.
(1 ) Notwithstanding the provisions of ORS 161.235, a peace officer may use
deadly
physical force only when the peace officer reasonably believes that:
(a) The crime committed by the person was a felony or an attempt to commit
a felony involving the use or threatened imminent use of physical force
against a person; or
(b) The crime committed by the person was kidnapping, arson, escape in
the first degree, burglary in the first degree or any attempt to commit
such a crime; or
(c) Regardless of the particular offense which is the subject of the arrest or
attempted escape, the use of deadly physical force is rlecessary to
defend the peace officer or another person from the use or threatened
imminent use of deadly physical force; or
(d) The crime committed by the person was a felony or an attempt to commit
a felony and under the totality of the circumstances existing at the time
and place, the use of such force is necessary; or
(e) The officer's life or personal safety is endangered in the particular
circumstances involved.
(2) Nothing in subsection (1) of this section constitutes justification for
reckless or
criminally negligent conduct by a peace officer amounting to an offense against
or with respect to innocent persons whom the peace officer is not seeking to
arrest or retain in custody. [1971 c.743 ~28]
A "peace officer" is defined to include municipal police officers, such as
Officers Roach
and Kantola. ORS 1610015(4)
[6. One of these four witnesses, who, by his own admission, does not trust the
police (and who has a pending criminal case in Benton County Circuit Court
involving the charges of then and menacing) has since altered his story from his
original statement made on the night of November 25,2005, in what I consider to
be a thinly veiled attempt to cast the local law enforcement in an unfavorable
light. In so doing, he has lost all credibility and I do not rely on any of his
statements in analyzing this case. ]
CONCLUSIONS
Based on the facts summarized above, Officer Roach's conduct falls squarely
within the
scope of the following three provisions of Oregon law, anyone of which justifies
the use
of deadly force, because Officer Roach reasonably believed that:
1 Regardless of the crimes Townsend committed on the night of November 25,
2005, Officer Roach's use of deadly force was necessary to defend himself from
Townsend's armed attack, which if successful, would have been deadly. ORS
161.239(1 )(c).
2. In addition to the simple disorderly conduct incident that started this
series of
events in motion (i.e., obstructing traffic at NW 15th and NW Harrison),
Townsend rapidly escalated the severity of the situation by committing the new
felony crimes of unlawful use of a weapon and attempted assault in the first
degree, and, thus, under the totality of the circumstances existing at the time
and
place, Officer Roach was justified in using deadly force as Townsend charged
him with a three foot metal rod he was using as a spear. ORS 10 1.239( 1)( d).
3. Under the particular circumstances involved, Officer Roach's personal safety,
and indeed, his life, was endangered because Townsend refused to obey
repeated police orders to drop his weapon, advanced on Officer Kantola with the
metal rod raised over his head, ready to strike (forcing Officer Kantola to fire
his
taser) and then, undeterred by the taser, charged Officer Roach using the metal
rod as a spear. ORS 161.239(1 )(e).
In short, within the span of less than 90 seconds, Richard Dean Townsend created
a
situation that had a tragically foreseeable result: his death at the hand of a
police officer.
It is unfortunate that Officer Kantola's taser failed to penetrate its mark,
because if it had,
I am confident that Townsend would not have had the opportunity to continue his
attack.
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