DA ruling in Bend shooting spotlights self-defense law
No charges will be filed against a man who shot another man near Bend’s Jack In The Box last month.
The shooter was said to be acting out of self-defense. In the security footage however, the shooter appears to instigate the shooting.
Deschutes County District Attorney John Hummel had strong words for the shooter Monday, calling his actions “foolish” and “dangerous.” But he said because of Oregon law, he would not file criminal charges against the shooter.
Karla Nash, senior staff attorney Crabtree & Rahmsdorff, watched the video and said Tuesday that for anyone not involved in the case, it might be confusing.
“Certainly, if someone is coming at you with fists, and you’re of similar size, you know coming back at that person when one weren’t the person provoking that incident is lawful and justified and not criminal,” Nash said.
The shooter was not charged because of Oregon Revised Statute 161.219 that says:
A person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(3) Using or about to use unlawful deadly physical force against a person
But Nash said Oregon’s self-defense laws do hold up in this type of situation.
“Very often, the loser of the fight is the victim,” she said. “For criminal charges, so very oftentimes, a person may be accused of a crime having gotten the upper hand — and then the question arises, ‘Was the use of force justified under the circumstances?’ I think that’s a defense that goes back and is inherent. People see it as plain and simple justice, and it’s always been a trademark of the American justice system.”
She also said it’s normal in a case like this to not charge the shooter with with anything at all.
“Typically, when charges are brought, more serious charges are brought that the DA believes they may be able to establish, as well as lesser charges,” Hash said. “It’s fairly uncommon for a state to decline (a first-degree) assault (charge) and charge a menacing.”
