2 OSP recruits, DCSO deputy in police academy incident resign positions

(Update: More on injuries; notice of intent to sue)

BEND, Ore. (KTVZ) -- A probationary Deschutes County sheriff's deputy and two Oregon State Police recruits spared from criminal charges but placed on administrative leave during internal investigations of their roles in a police academy incident that seriously injured a fellow recruit have resigned, the two agencies said this week.

"Joe DeLance has resigned his position with the sheriff’s office after allegations of misconduct," Sgt. William Bailey, the agency's public information officer, told NewsChannel 21 on Monday.

"The internal affairs investigation that was being conducted has now been closed, as he is no longer an employee," Bailey added, declining further comment.

On Friday, OSP Capt. Tim Fox, the agency's public information officer, confirmed that OSP recruits Austin Daugherty (who is Deschutes County Sheriff Shane Nelson's stepson) and Dylan Hansen had both resigned on Thursday.

Fox told NewsChannel 21 the internal investigations of both recruits had not been completed when they resigned. He said both had been with the agency for less than 18 months, but declined further comment.

The Marion County District Attorney's Office had announced in late January that no criminal charges would be filed in the incident that occurred last Oct. 17 in a dorm room at the state Department of Public Safety, Standards and Training campus in Salem.

It involved several DPSST recruits who went out for dinner and drinks at day's end, then returned to the campus, including DeLance, Daugherty, Hansen and Portland police recruit Dustyn Matlock, 28.

Three men's stories generally agreed that while practicing "clinchwork," DeLance grabbed Matlock in a bear hug and lifted him slightly off the ground, then let go, and Matlock somehow fell over and hit the ground. They all denied DeLance slammed Matlock in any way, but medical evidence based on Matlock's injuries indicated otherwise, Deputy DA Matt Kemmy wrote.

Matlock came to after being knocked unconscious. He spit up blood, thought he might have broken his arm and wondered if he was suffering a brain bleed. He also was having visible body tremors, but the prosecutor said no one in the group called for medical help or notified anyone Matlock was in distress.

In fact, he wrote, when Matlock asked the others call an Uber ride to take him to the hospital, they instead tried to convince him to just take ibuprofen and "sleep it off." Kemmy blasted the trio's "disgraceful and irresponsible attitude" toward Matlock and his injuries.

DeLance was hired by the sheriff's office as a corrections deputy in September 2017 and transfered to the patrol division last year. Bailey said in late January that the conduct described in the DA's office findings "does not meet the expectations of the Deschutes County Sheriff's Office."

Matlock's injuries included a brain bleed, a fractured vertebra, an orbital fracture and a broken wrist, The Oregonian/Oregon Live reported. He was hospitalized for more than a week and was unable to complete basic training. Doctors said the injuries suggested Matlock was body-slammed into the ground.

Matlock, 28, has returned to the Portland Police Bureau on desk duty and has been getting stronger while waiting for a chance to finish his basic police academy class and work as an officer.

This month, Matlock's civil attorneys filed a notice of intent to sue the state Department of Public Safety Standards & Training, OSP and the sheriff's office for Matlock's injuries, seeking more than $1 million in damages.