Gunman accused of shooting at man on busy NE Bend street indicted, arraigned; prosecutors plan to file federal charges

(Update: Polit indicted, arraigned; federal firearms charges to be sought)

BEND, Ore. (KTVZ) – A Bend man was indicted and arraigned Thursday on several charges after police said he drew a gun and fired at least one shot at a man on a busy northeast Bend street late last month, and a prosecutor said he’s likely to also face federal firearms charges stemming from the incident.

Andrew Brandon Polit, 44, dropped the gun when confronted by a bystander who quickly drew his own weapon, police said after the Aug. 28 shooting.

The six-count Deschutes County grand jury indictment returned Thursday accuses Polit of first-degree attempted assault, two counts of unlawful use of a weapon, two counts of felon in possession of a firearm and one count of felon in possession of body armor.

At Thursday’s arraignment, Deputy District Attorney Andrew Doyle told Circuit Judge Beth Bagley that they intend to file federal charges against Polit and asked that his plea hearing be set for Sept. 20 to "line up with the federal schedule." Bagley agreed to set that date, when Judge Randy Miller also will learn the status of the federal case.

Doyle later told NewsChannel 21 that he and fellow Deputy DA Matthew Nelson are cross-designated as special assistant U.S. attorneys. As federal prosecutors, he said, some cases involving drugs, firearms or child exploitation are filed in federal court, “for a host of reasons."

Doyle noted that felon in possession of a firearm also is a federal crime, and based on the evidence, Polit’s criminal history and the severity of the allegations, “this makes sense to prosecute as a federal case.” He expects a federal indictment to be filed later this month.

"Mr. Polit is obviously presumed innocent," Doyle said. "However, this is very dangerous conduct, and certainly the state has concerns about a convicted felon possessing a handgun, a shotgun, and body armor. "

An investigation determined that Polit drove to the area in a black 1988 Jeep and parked on NE Emerson Avenue, Bend Police Communications Manager Sheila Miller said last week.

Witnesses said Polit got out of the Jeep holding a handgun, called out to a man nearby and “fired at least one round at the man,” Miller said in a news release.

The intended victim was not hit and took shelter in the Lighthouse Navigation Center, Miller said.

Several people witnessed the incident, including a bystander with a valid concealed weapons permit who drew his weapon and confronted Polit, Miller said. Polit then dropped his handgun, she said, and officers arriving on scene took him into custody without further incident.

Miller said officers located a 9 mm handgun on the ground near where Polit was taken into custody. Detectives searched his Jeep at the scene and located body armor, a 12-gauge shotgun and ammunition.

Polit was taken to the Bend Police Department headquarters, then to Deschutes County Jail and booked late Wednesday night on arrest charges of second-degree attempted murder, unlawful use of a weapon, felon in possession of a weapon, felon in possession of body armor, recklessly endangering another person and pointing a firearm at another, Miller said. He also was cited for unlawful discharge of a weapon within the city limits.

The District Attorney’s Office listed first-degree attempted assault, a Class B felony, as the most serious alleged crime in the seven-count charging document, also accusing Polit of two counts of unlawful use of a weapon, felon in possession of a firearm, felon in possession of body armor, pointing a firearm at another and recklessly endangering another person.

Atlast Friday’s arraignment, Deputy District Attorney Caleb Staats requested bail be set at $500,000, noting Polit’s “previous convictions for similar conduct” and prior failures to appear for court hearings while pointing to a “very serious concern for public safety.”

“This case involves him firing a weapon at the victim,” Staats said.

Circuit Judge Michelle McIver agreed to the requested bail amount and set conditions that include no contact with the victim or possession of firearms, ammunition or body armor. Court-appointed defense attorney Angela Lee-Mandlin reserved argument on the bail and other issues.

Court records show Polit's criminal history dates back to 1998 and includes a 2020 Alford (conditional guilty) plea to fourth-degree assault, with other charges, including strangulation, dismissed and the judge imposing a 15-month prison term.

Polit was cited earlier this month on a methamphetamine possession charge, a Class E violation, and is scheduled for arraignment on that charge in late September.

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Earlier information:

Streets and the area around the shooting incident were closed for the investigation until about 10:30 p.m.

Miller said Bend Police wanted to thank Oregon State Police and the Deschutes County Sheriff’s Office for their assistance in the case.

The report of shots fired was received shortly after 3:30 p.m. on NE Second Street near Franklin Avenue, Bend Police Communications Manager Sheila Miller said, resulting in a “large police presence in the area."

Miller said there was no danger to the community, and no word on any damage at this time.

Second Street was closed between DeKalb and Franklin avenues, as was Emerson Avenue between Third and First streets for the investigation.

“Bend Police ask the public to avoid the area as the investigation continues,” Miller said.