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Portland Police Kill Man in Crisis
After Rare Year with No Deaths
Quanice Hayes Family Settles for $2 Million

First let us recognize the Portland Police Bureau for not killing any community members in 2020. Faint praise, but the only other years since Portland Copwatch (PCW) began in 1992 without any PPB-caused deaths were 1995 and 2009. That said, on Christmas Eve, days after PPR #82 was printed, Officer Jennifer Pierce (#45896) shot at a car which had rammed into her and her patrol car at a gas station, not hitting driver David Dahlen-- or, thankfully, anyone else. Like the only other shooting in 2020, on June 28 involving Grey Stockton (PPR #81), the subject wasn't struck by bullets. However, on April 16, the PPB shot and killed Robert Douglas Delgado, 46, in Lents Park. He was reportedly in mental health crisis and carrying a fake gun. In early March, the family of Quanice "Moose" Hayes, who was killed by a PPB officer in 2017 (PPR #71), settled their lawsuit against the City for $2.1 million including attorney's fees.

Robert Delgado Shot in Lents Park

People called dispatchers saying Delgado was in the park with a gun. The Portland Police responded, with one cop shooting a "less lethal" weapon and Officer Zachary Delong (#52979) using an AR-15 rifle, killing the man. The Oregonian noted Delong was once featured on the History Channel talking about his time in Afghanistan, saying he always wanted to be a sniper (April 18). The gun in question was a toy with an orange tip. Delgado's family says he had mental health issues. Once again, years of focusing on reducing violence against people in mental health crisis due to the US Department of Justice (DOJ) Agreement does not seem to have stopped the police from killing a person who probably needed help, not a bullet.

David Dahlen: Violation of Moving Vehicle Policy?

Dahlen, 24, was driving a stolen car and police boxed him in (apparently not thoroughly). PCW is not condoning the actions of Dahlen, who was identified days after the confrontation, but questions Officer Pierce's decision to fire at the car he was in as he drove away. Three subsections of the Directive on Use of Force caution against shooting at moving vehicles. They warn this should only be done if there's an "immediate risk of death or serious physical injury to the member or others," note that after incapacitating the driver, "the unguided vehicle may remain a threat to anyone in its path" and tell officers to consider the "unique challenges of target and backstop." Pierce was no longer threatened when the vehicle left, and it's unclear how much traffic was in the vicinity. Since there were gas pumps all around (with warnings not to ignite sparks nearby), she may have violated all three provisions. In 2015, another officer fired his weapon in a gas station (PPR #65) but no wrongdoing was found by the PPB or the consultants at OIR Group (PPR #74).

The Portland Police Association (PPA) weighed in on this shooting on their Facebook page on December 25. PPA President Hunzeker wrote that while the PPB "served our city and protected our communities" a "violent criminal" used a car to ram into an officer and she "had to" use deadly force to protect herself and the community as the suspect fled. Although he lives in Washington State, Hunzeker states: "All of us in our city must continue to demand accountability for criminals who terrorize our communities." As with another piece he posted, we wonder if he's referring to the PPB (see "Rapping Back," in this issue).

Dahlen was taken into custody on January 2, but managed to escape when a jail custodial staff person left a door open. He was caught a second time on January 8 after police and US Marshals chased him and put spike strips in the path of his car (Oregonlive, January 8).

Hayes Settlement: Important Council Discussion, No Punishment for Cop

The media quoted the Hayes family wanting to settle rather than go to trial to avoid being re- traumatized by Quanice's death (OPB, February 23)--completely understandable. Due to a flaw in the DOJ Agreement, new information gathered for the civil trial does not prompt a new investigation as to whether Officer Andrew Hearst (#50996) violated policy when he shot Hayes in the head and chest. When the settlement was heard on March 10, City Council allowed Quanice's uncle Steven and attorney Ashlee Albies to testify. Albies revealed that an analysis showed Quanice was shot while trying to get on the ground in compliance with officers' commands. Steven Hayes stated Hearst's responses in deposition showed no remorse. The settlement is the second largest for an officer-involved shooting in Portland.

Surprisingly, all the members of Council (except the Mayor) expressed apologies to the Hayes family, usually seen by the City Attorney as admitting liability, but likely not interrupted because the settlement was about to be approved in a 5-0 vote. At the hearing, PCW noted that no African American Portlanders were shot and killed by the PPB between Keaton Otis in 2010 (PPR #51) and Hayes in 2017, though three others were killed in the next two years (Terrell Johnson/PPR #72, Patrick Kimmons/PPR #76 and Andre Gladen/PPR #77).

Bonus Online Fact: The settlement is the second largest for an officer-involved shooting in Portland, behind the $2.3 million paid out to William Monroe who was wounded in 2011 (PPR #60/2013), but more than the suits for the deaths of James Chasse, Jr. in 2006 ($1.6 million, PPR #51/2010) or Aaron Campbell ($1.2 million, PPR #56/2012).

For details on the previous top settlements, see portlandcopwatch.org/top25settlements20.html.

May, 2021
Also in PPR #83

Portland Copwatch
PO Box 42456
Portland, OR 97242
(503) 236-3065/ Incident Report Line (503) 321-5120
e-mail: copwatch@portlandcopwatch.org

Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.

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