DA finds Bend Police officer was justified in shooting armed driver, 18, at the same time he took his own life

(Update: Adding video, interview with DA Steve Gunnels)

Warning: Images and video shown might be disturbing

Says 'both officers in this situation acted admirably and according to their training'

BEND, Ore. (KTVZ) – A Bend Police officer was justified in using deadly force to shoot an armed 18-year-old Bend man who at the same moment used his own gun to take his life during a March 20 encounter after a crash on the Bend Parkway, Deschutes County District Attorney Steve Gunnels concluded Friday.

Gunnels issued a 12-page report on the use of deadly force that laid out the sequence of events that night and concluded that while Bend Police Officer Wesley Murphy “acted lawfully in self-defense and defense of others” when he shot Gabriel Platz, the young man “died from a self-inflicted gunshot wound.”

"The police officer in this case has the authority, has the right to defend themselves and to defend others, and they can use deadly force in response to a deadly threat. And that's what happened here. " Gunnels told NewsChannel 21 Friday.

In the conclusion of his report, Gunnels wrote, “Officer Murphy’s use of deadly force was reasonable to defend Officer (Cody) Lyter and to defend bystanders from Mr. Platz’s firearm as it was being grabbed, manipulated and brought up into a shooting position (all despite multiple warnings to not grab the gun and to drop it) prior to Mr. Platz shooting himself,” Gunnels wrote in the conclusion of his report.

“Officer Murphy would have been legally justified in shooting Mr. Platz from the time it became clear Mr. Platz had grabbed the gun from the floorboard of the vehicle after having been told multiple times not to do so,” the DA said, adding, “Both officers in this situation acted admirably and according to their training.”

While Lyter also “would have been justified” in shooting Platz for the same reason, he instead “reached into the vehicle to close distance and to take the gun away or prevent it from being used,” Gunnels wrote. “That act required a great deal of courage, and it is extraordinarily fortunate that Officer Lyter was not struck by any of the three rounds fired during this incident.”

A Bend Parkway motorist reported the crash on the northbound parkway at 8:17 p.m. on March 20, involving a Lincoln Towncar that was estimated to have topped speeds of 90 mph, passing vehicles on the shoulder, Gunnels wrote. The witness said the driver smelled of alcohol and took his keys away.

Officers arrived on the scene and saw the driver still inside, also spotting a handgun on the car’s floorboard. He ignored repeated direction not to reach for it and the officer-involved shooting ensued, with Platz sustaining a fatal self-inflicted gunshot wound as he “was simultaneously shot by police,” an incident captured on both officers’ body-warn cameras.

Gunnels told us Friday, "Mr. Platz went to kind of a great effort to grab the firearm off of the floorboard of his car. to bring it up to rack the slide on the handgun, which makes it a deadly weapon at that point, and brought it up to his head."

In the bodycam video, Platz, who says he’s not injured, is asked for license or ID and begins reaching down to the floorboard, and Lyter, holding a flashlight, spots the gun on the floorboard and asks, “Is that a real gun,” which Platz confirms.

“Don’t reach for that!” Lyter says, and Platz says “sorry” and puts his hands up. He says he can’t get out because “the door won’t open” and Lyter directs him to crawl out the other said, adding, “I don’t want you reaching for that gun!”

Platz is seen picking up the gun from the floorboard anyway and “starts to ‘rack’ or manipulate the slide of the gun, which puts a live round in the firing chamber,” the report stated.

“Hey! Hey! Hey! Hey!” Lyter says, while Murphy, on the passenger side of the car, says, “Drop the gun! Drop the gun!”

Platz then raises the gun, points it at himself and fires the fatal shot, while Murphy fires two rounds from his handgun from two to three feet away, “the first being nearly simultaneous” with the one fired by Platz. All three shots struck Platz.

The DA's report says at various points that the shots were fired "virtually" or "nearly" simultaneously. Asked about that, Gunnels told NewsChannel 21 Friday: "I believe the officer’s first shot was simultaneous with Mr. Platz’s shot. I’ve reviewed the footage many, many times, and it is impossible for me to hear or see a time difference, even when watching in very slow motion with sound."

The report said that Lyter only drew his gun after the three shots were fired and as he moved away from the car.

In his conclusion, Gunnels stated, “Hindsight allows us to recognize that Mr. Platz acted with an intent to end his own life, but the officers who were charged with protecting the public at that moment did not have the benefit of hindsight.’

“They had a duty to act within seconds to end the threat that they reasonably perceived, and they did so,” the DA wrote. "They did not have the ability to wait and see what would happen.”

“These events represent a tragedy for those affected by them, including Gabriel Platz and his family,” he concluded. “The involved officers carry the emotional burden of these events, as well as do witnesses.”

At the end of his report, Gunnels includes this information, under the heading of "Resources":

If you or someone you know is in crisis, please reach out to Deschutes County Behavioral Health at (541) 322-7500, the National Suicide Hotline is at phone number 988, and the Deschutes County Stabilization Center, Crisis Services at (541) 585-7210.

--

Bend Police Chief Mike Krantz’s Statement on the March 20, 2024 Officer-Involved Shooting

I would like to extend my gratitude to the Tri-County Major Incident Team and the Deschutes County Sheriff's Office, who, on March 20, 2024, led a rapid, transparent, and thorough investigation into an incident in which a Bend Police Officer used deadly force during an encounter with a member of our community.

I also want to recognize the thorough and fair review of this investigation by the Deschutes County District Attorney's Office. The District Attorney's careful examination of the facts of this incident ensures that the process is fair and just for all involved. These agencies' commitment to justice and transparency is invaluable during events that have such a profound impact on those involved, as well as on our community.  

As with any loss of life, this incident has a devastating impact on Mr. Platz's family and friends. It will also have a life-changing impact on the police officers involved in this incident, on our Police Department, and on the community we serve. 

The use of deadly force is the most difficult and challenging decision a police officer will ever face in a career of protecting and serving the community. These decisions are made under incredibly challenging and stressful circumstances and often must be made in a split second. In this instance, Mr. Platz took his own life. At the same time, Officer Wes Murphy recognized a threat to himself as well as other police officers and community members and was found to be justified in his actions. 

The completion of the District Attorney's Office review brings to a close the criminal investigation required following these types of incidents. The Bend Police Department will now conduct an administrative review, which aims to assess whether officers adhered to department policies and procedures during the incident. 

While much of our Department's training focuses on reducing officers' reliance on force, our officers know that they will sometimes be faced with circumstances out of their control. As a learning agency, we will use the review to determine if departmentwide training or new equipment could make these instances even more rare. 

The Bend Police Department has a strong relationship of trust with our community, and force incidents involving police departments often impact those relationships. The Bend Police Department's commitment to serve and protect our community is unwavering, as is our commitment to fostering transparency and accountability while keeping our community's trust. 

My thoughts are with everyone affected by this incident, and I remain steadfast in ensuring our entire community knows that the Bend Police Department is committed to upholding their safety and well-being. 

The Bend Police Department encourages anyone who is experiencing a mental health crisis or knows of someone who may be experiencing a mental health crisis to call 988 or contact Deschutes County Behavioral Health at 541-322-7500 for assistance or referral to resources. 

--