Hummel calls in DOJ to oversee Bend PD shooting case

One day after an attorney for the family of a Bend man shot and killed by police issued a statement sharply critical of initial actions by investigators, Deschutes County District Attorney John Hummel said the Oregon Department of Justice had accepted his request to assume the “lead prosecutorial role” in the case.

In a statement, Hummel said Oregon Attorney General Ellen Rosenblum agreed to the Oregon Department of Justice taking that role in the Dec. 23 shooting death of Michael Tyler Jacques in downtown Bend.

Hummel said he made the request due to a potential conflict of interest that had developed — not involving agencies investigating the case, led by Oregon State Police, but over the same attorney’s representation of Hummel in litigation over his serious-injury car crash last summer.

Hummel said that months ago, he retained the Bend law firm of Brothers, Hawn and Coughlin to represent him in litigation related to injuries he sustained in a car crash in September, when police said a driver ran a stop sign and smashed into his car at Northwest 11th Street and Portland Avenue, leaving him with a cracked pelvis and ribs.

“This litigation is still pending,” Hummel said in his announcement.

On Thursday, he said, Brothers, Hawn and Coughlin announced they are representing the family of Michael Jacques in litigation against the city of Bend for the death of Mr. Jacques. (There was no mention of litigation in a news release from family attorney Jennifer Coughlin.)

“I would try my best to disregard my relationship with my personal injury attorney when deciding whether the officers in this case acted lawfully,” Hummel said. “However, because I have the same attorney as the family of Michael Jacques, the public would rightfully question any decision I made in this case.

“For this reason, I proactively asked Attorney General Rosenblum to take over this case. I am confident that her team will conduct a thorough and fair review of the facts of this unfortunate incident,” Hummel concluded.

Hummel said the relevant regulatory rule is Oregon Rule of Professional Responsibility 1.7(a)(2). which states:

“[A] lawyer shall not represent a client if the representation involves a current conflict of interest. A current conflict of interest exists if: there is a significant risk that the representation of one or more clients will be materially limited by * * * a personal interest of the lawyer.”

Jacques’ family members have retained two attorneys, who on Thursday said he was unarmed at the time of the fatal encounter. They also accused authorities of making improper public statements and of attempting a “cover-up” by urging witnesses to talk only to police investigators.

Police have said Jacques, 31, was resisting arrest on suspected drunk driving when a Taser was deployed — and what that had no effect, one or two officers fired shots that killed him.

In a news release, attorney Jennifer Coughlin, who was retained along with Michelle Burrows, said witness reports and a video taken at the scene indicated Jacques had “pulled into a parking lot away from the public, coming to a complete stop” and was still wearing his seat belt when 4-5 gunshots were fired “at point-blank or close range” by one or both officers on scene.

Jacques “was unarmed and traveling with his service dog at the time,” she added.

“Witness contacted by investigators for the family were advised law enforcement suggested these witnesses refrain from speaking with anyone but law enforcement,” Coughlin wrote. “These various actions by law enforcement send a disturbing message of cover up and a profound lack of empathy with the victims of police violence, which is the opposite of responsible conduct the public expects of law enforcement.”

The attorney also claimed that Bend police “immediately issued press releases implying Tyler Jacques was to blame for his own death, in what is apparently an attempt to manipulate public opinion and influence the investigation.”

“The family urges Bend PD and the Oregon State Police to conduct a fair and honorable investigation of this shooting, not with the goal of exonerating the officers but with the sole purpose of determining the truth of what occurred that night,” Coughlin wrote.

She said the family wants an analysis to determine “why Tyler Jacques was shot at close range during a traffic stop with no evidence of a weapon present.”

“Law enforcement may only use deadly force when facing imminent threat of deadly harm to themselves or others,” Coughlin said. “Officers may not create a dangerous situation to justify killing a civilian.”

The lawyer said family members are not speaking publicly and are asking investigators and the DA to not make further public comments “until all the evidence is gathered and released.”

Coughlin asked anyone who witnessed the shooting or has video of the incident contact the family’s lawyers.

Hummel provided this initial response late Thursday to the family attorney’s statement:

“The fact the family of Jacques has an attorney changes nothing. I will base my decision on the facts and the law. I continue to grieve for Jacques’ family and the involved officers and their families. I will release more information about the investigation next week.”