DA details ‘terrifying’ Bend museum assault before OSP trooper’s fatal shots

A 6-foot-6, 400-pound man who recently moved to Bend grabbed a High Desert Museum gift shop employee around the neck, holding a knife, and dragged her around the busy museum until the struggling woman broke free – moments before an Oregon State Police trooper shot and killed him, investigators said Wednesday.

Less than 24 hours after the “terrifying” events of Tuesday afternoon, Deschutes County District Attorney John Hummel briefed reporters on the initial investigation into the sequence of events that led to the deployment of a Taser and three gunshots, at least one of which felled Nicholas Berger, 36.

“There are many terrifying aspects to this, especially that it was fluid, moving between exhibit halls,” Hummel told reporters.

The call to Deschutes County 911 at 3:25 p.m. Tuesday was a museum worker saying “a man was holding a female and threatening to kill her,” Hummel said in a news conference aired live on NewsChannel 21 ant KTVZ.COM.

The DA said Berger had been looking around the museum gift shop – or perhaps “casing the joint” – before grabbing the 38-year-old woman, who is only about 5-foot-3, around the neck, “for reasons unknown.

He forced her out of the gift shop and “a violent struggle ensued with Mr. Berger, fighting for her life,” Hummel said. “He took her through various exhibit halls. He had his arm around her neck. He had a knife.”

Among the nearly 270 visitors at the museum Tuesday, a fourth-grade field trip from Maupin School.

About 30 museum patrons were in the area where the moving assault occurred. “Thankfully, all evidence is that none of the schoolchildren were in the immediate vicinity” or witnessed what took place.

Hummel did not release the cellphone or security video footage, as the investigation continues, but did release two still images from the patron’s cellphone video, showing Berger towering over the woman and pulling her through the museum halls. He also asked that anyone else with photos or video at the museum Tuesday afternoon to contact them.

But there also were heroes, Hummel said. Some of the nearby museum visitors “intervened in an attempt to protect this woman’s life.”

The woman eventually was either released or broke free from Berger and ran, shortly before an Oregon State Police trooper, as yet unidentified, arrived on the call for help, as did Deschutes County sheriff’s officers.

That encounter with the trooper “is the most active part of this investigation,” Hummel said, so many details are not being released until confirmed.

“But I can tell you this: A Taser was deployed by the OSP trooper, and that same trooper fired three shots at Mr. Berger.” An autopsy was underway Wednesday at the state Medical Examiner’s Office in Clackamas, so Hummel was not ready to say how many shots struck Berger, or where.

“My sympathies go out to Mr. Berger’s family,” Hummel said. “We still don’t know why he did what he did, and no doubt many feel animus toward him. But I’m sure his family is suffering, and we wish them well.”

He also thanked everyone from the Red Cross and Deschutes County Behavioral Health to the local Costco and Starbucks, which provided food and beverages to investigators,.

“It’s hard to keep this community down, and last night, we shone,” the DA said.

Museum Executive Director Dana Whitelaw also spoke about how “the unthinkable happened at our museum – a paying visitor assaulted our staff member.”

“Those moments shook us to our core,” she said, but also said they “showed the incredible perseverance of our staff and visitors. It was inspiring.” Whitelaw said staff used skills practiced during safety drills to call 911 and move people out of harm’s way, minimizing the impact.”

“Tomorrow is a new day,” she said. “We will reopen our doors and seize all the opportunity that comes with a new dawn.”

Hummel also answered some questions, telling NewsChannel 21’s Wanda Moore that “thankfully, the victim is not suffering permanent injuries, but they are painful.” He briefly acted out how Berger dragged the woman by holding her around the neck: “She has significant pain, bruising along her neck. It was a violent struggle.

“This woman – the strength she showed, this small woman’s will to live was darn impressive,” Hummel said. “Grabbing onto handrails. She believed – and I believe as well – if Mr. Berger got her out of that building, she would not be with us today.”

Hummel also said there’s no evidence to this point that the assailant and victim knew each other. But he said Berger was “not unknown” in the community and had worked at various places. “We’re talking to his employers, know the places he’s lived on and off, spoke to some family members. We’re creating a good picture of Mr. Berger, not a full picture.”

At one point, Berger told the woman, “I’m going to (expletive) kill you,” Hummel said. “It’s through the grace of God she’s not injured more.”

Here’s Hummel’s statement, in full. NewsChannel 21’s Wanda Moore and Pedro Quintana will have more at at 5 and 6:

At 3:25 PM yesterday, May 31 st , a 911 call was placed from the High Desert Museum. The High Desert Museum is Central Oregon’s backyard. For more than 30 years the Museum has enchanted us with the natural world, and with the cultural history of the West’s High Desert. But yesterday was anything but enchanting.

The 911 caller reported that a man was holding a female and threatening to kill her. That man was Nicholas Berger, a 36 year old Caucasian man who had recently moved to Bend. For reasons that are unknown at this time, Berger, a patron at the museum, grabbed a 38 year old female employee in the gift shop.

Berger took the woman against her will out of the gift shop. A violent struggle ensued, as the woman fought for her life. Berger was 6 foot 6 inches and weighed 425 pounds. The woman is 5 foot 3 inches and petite. Berger forced the woman through various exhibit halls in the museum. He had his arm around her neck and he had a knife.

Numerous patrons were present. Throughout the day the museum had 269 visitors, including 36 students. These students included 4 th graders from Maupin. In the immediate vicinity of the incident were approximately 30 patrons.

Among those 30 patrons were a few heroes. These individuals, at great risk to their own lives, intervened in an effort to protect the museum employee. She was eventually released by Berger and ran to safety.

Oregon State Police Troopers and Deschutes County Sheriff’s Deputies arrived quickly on the scene. When they arrived they encountered Berger. An OSP Trooper deployed a Taser and this same Trooper also fired three shots at Berger. Bend Fire and Rescue was soon on the scene and declared Berger dead.

My sympathies go out to the Nicholas Berger’s family. We still do not know why he did what he did, and many no doubt feel animus toward him, but we know his family is suffering and we wish them well.

Almost immediately after the incident the Tri-County Major Crimes Team was activated. The Bend Police Department is the lead agency on this investigation.

The community response to this tragedy has been overwhelming. The Red Cross was on scene until the wee hours this morning. They provided food, blankets and support for museum visitors and investigating officers. Deschutes County Behavioral Health was on the scene to provide support to museum staff and visitors and remains a resource for anyone who is struggling with what they experienced. And our local Costco and Starbucks provided food and beverages to visitors and investigators. It’s hard to keep this community down, and last night was no exception.

Here are the next steps in the investigation:

Complete autopsy of Berger and review results (autopsy is happening right now)
Interview additional witnesses
Examine all museum security videos
Conduct interview of OSP Trooper who shot Berger (this is happening tomorrow)
After the investigation is completed DA Hummel will decide if he believes a crime was committed by the Trooper who fired the shots.
If he thinks a crime was committed he will ask a Deschutes County Grand Jury to charge the officer.
If DA Hummel does not think a crime was committed he will decline to initiate criminal charges and he will explain to the public his rationale for his decision.