Download - Detective Investigation: Darryel Ferguson

January 2011

Portland Police Bureau1111 SW 2nd Ave.

Portland OR 97204

Detective Investigation:Darryel Ferguson

Portland Police Bureau

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APPROVAL ROUTE Detective Division

PORTLAND POLICE BUREAU SPECIAL REPORT TYPE:

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REPORTING OFFICER(S)

Craig DobsonDPSST

35609PREC / DIV

e/nRLF / SHIFT

uASSN / DIST

3901SUPERVISOR'S SIGNATURE

Craig Dobson (35609)PPB-SSD-TH 423 (08/07)

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CASE NUMBER

10-103413REFER CASE NUMBER CLASSIFICATION

STATUS ORIGINAL REPORT DATE

12/16/10TIME

0347THIS REPORT DATE

12/16/10TIME

0347LOCATION OF OCCURRENCE

12110 E BURNSIDE ST #201 SUBJECT OF THIS REPORT

officer involved shootingCAD INCIDENT NUMBER

. . .

PRECINCT OF OCCURRENCE

East Precinct

PERSON SB - Subject SI - Sick/Injured/Cared For PE - Park Exclusion VI - Victim RP - Reporting Party KN - Person w/Knowledge OW - Owner WI - Witness BU - Business PF - Property Finder MI - Missing RW - Runaway AR - Arrested

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VEHICLE L - Locate A - Abandoned T - Towed V - Victim's Vehicle X - Suspect Vehicle I - Information M - Missing Add Vehicle

PROPERTY RECEIPT NO.

PROPERTY S - STOLEN L - LOST D - DAMAGED F - FOUND K - SAFEKEEPING R - RECOVERED E - EVIDENCE Add Property

NARRATIVE (COMMENTS)

6. Jenson #46624, Kizzar #46622 8. Radio call by Officer Jenson and Kizzar of shots fired at above location. Prior to arriving I asked if this was officers or subjects shooting and I believe I heard that the subject had fired rounds, safe route in was from the south. I arrived and began assigning officers to the outer perimeter. Officer Kizzar appeared at the front door where I was directing officers in and he was visably shaken. Still unsure of the evolving situation and concerned about the safety of other offices and citizens in the apartment complex and what tactical considerations we were dealing with, I asked him what happened and he said he needed a moment. I assigned Officer Cole to be with him and waited until he could talk. Kizzar said they went to the door and the subject answered the door and pointed a gun at Officer Jenson's face. Officer Kizzar said Jenson stepped back and he (Kizzar) drew his weapon and began firing at the subject. Officer Kizzar stated that Jenson then fired some rounds as the subject retreated back into the apartment and the door closed. Kizzar said that Jenson went south and he stayed on the north of the door to the apartment. I had Officer Cole take Kizzar to one of our police cars and remain there until needed. Officer Jenson came up and he said that they had been out earlier on a call with the same subject so they cancelled the car dispatch had initially sent to this second call. He said they went to the door and the subject opened the door and put a gun in his face. Jenson said he reacted by turning away and stepping back. He said Kizzar began firing and then Jenson said he was able to fire at the subject before the subject backed up and closed the door on them. Jenson said they went down the hall in opposite directions and waited for cover to arrive and then came to see me. I walked walked Jenson to my car and assigned Officer Cater to be with him until further notice. I then went back to help run the outer scene. I then passed this information on to Sgt Besner who was forming a tactical team to assist Sgt Andrusko who had taken over the inner perimeter. I set up the outer tape to limit access into the area and directed officers to block off the area. See other reports.EXTERNAL DISTRIBUTION LIST Add Addressee

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APPROVAL ROUTE Homicide*** CONFIDENTIAL ***

PORTLAND POLICE BUREAU SPECIAL REPORT TYPE: 4. SUPPLEMENTAL

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Mark E SlaterDPSST

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Kraig McGlathery (26847)PPB-SSD-TH 423 (08/07)

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CASE NUMBER


STATUS

5. ExceptionalORIGINAL REPORT DATE

12/17/10TIME


12/20/10TIME


12110 EAST BURNSIDE, APARTMENT #201SUBJECT OF THIS REPORT

INITIAL RESPONSE AND INVOLVED OFFICERS WEAPONS COUNTDOWNCAD INCIDENT NUMBER

PP1012170225

. . .


East Precinct


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CODE

VINAME: (Last, First Middle)

FERGUSON, DARRYLL DWAYNECRN SEX

MRACE

WDOB

07/ /65ADDRESS

12110 E BURNSIDE, APT. #201CITY

PORTLANDSTATE

OregonZIP

97216WORK PHONE MESSAGE PHONE MOBILE PHONE HOME PHONE

X





NO CONNECT INFORMATION NONCONNECT INFORMATION Involved Officers: Officer Jonathan Kizzar, DPSST #46622 East Precinct Night Relief, Unit 958N Officer Kelly Jenson, DPSST #46624 East Precinct Night Relief, Unit 958N Additional Detectives: Lieutenant M. MARSHMAN, DPSST #25056 Detective Division Lieutenant, supervisor on-scene Detective Sergeant R. AUSTRIA, DPSST #25048 Detective Division Homicide Detail, supervisor on-scene Detective C. TRAYNOR, DPSST #36266 Detective Division Homicide Detail, primary investigator Detective K. WHATTAM, DPSST #24582 Detective Division Homicide Detail, primary investigator Detective E. KAMMERER, DPSST #29988 Detective Division Homicide Detail, assisted with countdown

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Mark E SlaterDPSST

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Criminalist T. MCGRATH, DPSST #21146 Forensic Evidence Division, photographs and evidence collection Additional Persons Present: Michael Staropoli Attorney representing Officer Kizzar James McIntyre Attorney representing Officer Jenson NO EXHIBITS NO SUMMARY NARRATIVE On 12/17/10 at approximately 0500 hours, I received a page from Detective Sergeant Austria requesting I respond to the area of 122nd Avenue/East Burnside regarding an officer involved shooting. I responded to the location, arriving at approximately 0545 hours and met with the investigative team. After receiving an initial briefing from uniform personnel and the investigative team, Detective Sergeant Austria requested I respond to East Precinct with Detective Kammerer to conduct a weapons countdown with the involved officers. Detective Kammerer and I responded to East Precinct to meet with the involved officers and their attorney's to have each officer photographed and conduct a weapons countdown and have each officer issued a communication restriction order. Officer Jonathan Kizzar: Primary Handgun: Make/Model: Glock / Model 17 Serial Number: GXK802 Magazine in gun: 17 round magazine with 17 rounds, plus 1 round in chamber Extra Magazine in lower pouch: 17 round magazine with 16 rounds Extra Magazine in left front pants pocket: 17 round magazine with 2 rounds We began our contact with Officer Kizzar at approximately 0700 hours. Prior to conducting the weapons countdown with Officer Kizzar, Criminalist McGrath took photographs of Officer Kizzar in uniform as he was dressed during the incident. After the weapon countdown was completed, Detective Kammerer asked Officer Kizzar if he was willing to give an on-scene briefing, and Officer Kizzar replied, "Not at this time." Detective Kammerer then asked Officer Kizzar if he was willing to give a statement, and Officer Kizzar responded, "Not at this time." Lieutenant Marshman then issued Officer Kizzar a communication restriction order which Officer Kizzar signed at 0730 hours. Officer Kizzar was then escorted to the men's locker room where his uniform and

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Mark E SlaterDPSST

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duty belt were collected by Criminalist McGrath. Officer Kizzar was given a copy of the communication restriction order and a receipt for items taken as evidence. Officer Kelly Jenson: Primary Handgun: Make/Model: Glock / Model 17 Serial Number: GXK825 Magazine in gun: 17 round magazine with 17 rounds, plus 1 round in chamber Extra Magazine in lower pouch: 17 round magazine with 17 rounds Extra Magazine in left rear pants pocket: 17 round magazine with 12 rounds Backup Handgun: Make/Model: Glock / Model 26 Serial Number: HRY395 Magazine in gun: 10 round magazine with 10 rounds, plus 1 round in chamber We began our contact with Officer Jenson at approximately 0752 hours. Prior to conducting the weapons countdown, Criminalist McGrath took photographs of Officer Jenson in uniform as he was dressed during the incident. After the weapons countdown was completed, Detective Kammerer asked Officer Jenson if he was willing to provide an on-scene briefing, and his attorney James McIntyre replied, "We're more than happy to cooperate, but will not discuss it at this time." Detective Kammerer then asked Officer Jenson if he would provide a statement, and Officer Jenson replied, "Not at this time." Lieutenant Marshman then issued Officer Jenson a communication restriction order, which Officer Jenson signed at 0804 hours. Officer Jenson was then escorted to the men's locker room where Criminalist McGrath collected his uniform and duty belt. Officer Jenson was given a copy of the communication restriction order and receipt for items taken as evidence. For a detailed list of items seized from Officer Kizzar and Officer Jenson, refer to the special reports written by Criminalist McGrath. EXTERNAL DISTRIBUTION LIST Add Addressee

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APPROVAL ROUTE Homicide


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CASE NUMBER


STATUS


12/17/10TIME


12/20/10TIME



SEARCH OF ELEVATOR SHAFT FOR EVIDENCECAD INCIDENT NUMBER

PP1012170225

. . .


East Precinct


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CODE



MRACE

WDOB

07/ /65ADDRESS


PORTLANDSTATE

OregonZIP


X





NO CONNECT INFORMATION NONCONNECT INFORMATION Business Mentioned: Thyssen Krupp Elevator 14626 NE Airport Way Portland, OR 97230 (503) 255-0079 Responding Thyssen Krupp Employee: LOVELY, MARK R MW, DOB 05 /68 Home Address: 32605 SE Proctor Gresham, OR 97080 Cell Phone: 503-209-2739 Additional Detectives: Detective Sergeant K. MCGLATHERY, DPSST #26847 Detective Division Homicide Detail, supervisor advised of search Detective E. KAMMERER, DPSST #29988 Detective Division Homicide Detail, assisted with search Criminalist J. SHEARER, DPSST #29992 Forensic Evidence Division, photographed and collected evidence

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NO EXHIBITS NO SUMMARY NARRATIVE During the crime scene processing and collection of evidence, it was determined there was a possibility shell casings could have fallen down the elevator shaft which was adjacent to the door to apartment number 201. I called the Thyssen Krupp Elevator service and spoke with an employee named "Koy", who told me they could respond to the location but would charge the apartment owner $267 per hour for labor and travel. I confirmed with Sergeant McGlathery we wanted them to respond to assist with a search for evidence, and to have the Portland Police Detective Division billed for their service. I called "Koy" back and told her we wanted them to respond to assist with the investigation, and she called me back at 1100 hours advising an employee was enroute to the location. At approximately 1116 hours, MARK LOVELY arrived to assist with the search of the elevator search. Detective Kammerer and I searched the elevator shaft with MARK LOVELY, and on the second floor, inside the elevator shaft on a small shelf against the east wall of the shaft, MARK LOVELY located one shell casing. Criminalist Shearer entered the elevator shaft, photographed and collected the shell casing. At approximately 1135 hours, the search was completed and I signed for the service of Thyssen Krupp Elevator. EXTERNAL DISTRIBUTION LIST Add Addressee

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CASE NUMBER


STATUS


12/17/10TIME


12/20/10TIME



WITNESS INTERVIEWS REGARDING OFFICER INVOLVED SHOOTINGCAD INCIDENT NUMBER

PP1012170225

. . .


East Precinct


Add Person

CODE



MRACE

WDOB

07/ /65ADDRESS


PORTLANDSTATE

OregonZIP


X





NO CONNECT INFORMATION NONCONNECT INFORMATION Witnesses Interviewed: AMSDEN, ROBERT (A.K.A. "B.A.") MW, DOB 06 /55 PPDS #923680 Home Address: 12110 East Burnside, Apt. #314 Portland, OR 97216 Work Phone: 503-257-2022 (Manager of Ventura Park Plaza apartments) LARKIN, JEREMY MICHAEL MW, DOB 08 /82 PPDS #1626965 Home Address: 11901 NE Couch Street Portland, OR 97216 Home Phone: 503-256-4909 Cell Phone: 503-847-7473 Additional Detectives: Detective Sergeant R. AUSTRIA, DPSST #25048 Detective Division Homicide Detail, supervisor on-scene Detective C. TRAYNOR, DPSST #36266 Detective Division Homicide Detail, primary investigator

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Detective E. KAMMERER, DPSST #29988 Detective Division Homicide Detail, assisted with interviews EXHIBITS 1. Portland Police Bureau Property/Evidence Receipt Number 1203440: Item 1: CD-R containing interview of JEREMY LARKIN 2. Portland Police Bureau Property/Evidence Receipt Number 1203441: Item 1: CD-R containing voice mail from CHAD CROSBY 3. Transcription of interview with JEREMY LARKIN 4. Transcription of voice mail from CHAD CROSBY NO SUMMARY NARRATIVE ROBERT AMSDEN interview: Detective Kammerer and I received information that the manager of the apartments, ROBERT AMSDEN, has information regarding the officer involved shooting. Detective Kammerer and I met with ROBERT AMSDEN in his office at the apartment complex at approximately 1015 hours. We had received information that the shooting could have been captured on video surveillance, however ROBERT AMSDEN informed us the video system was not functioning and was not captured. ROBERT AMSDEN told us he received a phone call/voice mail at approximately 0327 hours from CHAD CROSBY, and that DARRYLL FERGUSON had been threatening to kill CHAD CROSBY. ROBERT AMSDEN told us CHAD CROSBY told him DARRYLL FERGUSON was getting crazy and that DARRYLL FERGUSON had tired to come into his apartment, calling CHAD CROSBY a child molester. ROBERT AMSDEN told us he still had the voice mail on his phone and played the message for us. I asked ROBERT AMSDEN if I could record the message, and he consented to it being recorded. For details of the voice mail left by CHAD CROSBY, please refer to the transcription of the call. ROBERT AMSDEN then told us he did not hear the shooting occur, and said he was awoken at approximately 0500 hours by the emergency alarm sounding on the south side exit door. ROBERT AMSDEN said he looked outside and saw police everywhere, then checked his voice mail and retrieved the message from CHAD CROSBY. ROBERT AMSDEN said DARRYLL FERGUSON has been "beefing" with CHAD CROSBY'S neighbor "JESSE", and that three weeks ago CHAD CROSBY told ROBERT AMSDEN that DARRYLL FERGUSON had a gun. ROBERT AMSDEN said he confronted DARRYLL FERGUSON about having a gun, and said DARRYLL FERGUSON told him he was on parole and cannot have guns. ROBERT AMSDEN said he believed what DARRYLL FERGUSON told him.

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ROBERT AMSDEN then told us he spoke with DARRYLL FERGUSON the day before, and DARRYLL FERGUSON told him he had cancer and his outlook was not good. We asked ROBERT AMSDEN if he had any further information regarding the shooting, and he said he did not. JEREMY LARKIN interview: At approximately 1330 hours, Sergeant Kuechler informed me a subject, later identified as JEREMY LARKIN, approached him and said he had information regarding the shooting. At approximately 1339 hours, Detective Kammerer and I met with JEREMY LARKIN in a police vehicle at the scene for an interview. I began by asking JEREMY LARKIN if he consented to having the interview recorded, and he said we could record it. JEREMY LARKIN said he received a telephone call at approximately 2220 hours from a friend of his named "JOSE", who lives in the same apartment complex where the shooting occurred. JEREMY LARKIN said he went to "JOSE'S" apartment, and when he got there, there was a man there who introduced himself to JEREMY LARKIN as "DARRYLL." JEREMY LARKIN said "DARRYLL", later identified as DARRYLL FERGUSON, was arguing with a larger gentleman in the apartment. JEREMY LARKIN said DARRYLL FERGUSON was in a "heated argument" with a male Russian or Ukrainian subject. JEREMY LARKIN said they were arguing about how much they didn't like each other. JEREMY LARKIN said he went out on the back porch to smoke a cigarette, and when he came back inside, DARRYLL FERGUSON was standing in the apartment with a gun in his hand, pointed at JEREMY LARKIN. JEREMY LARKIN said he told DARRYLL FERGUSON, "Don't fucking point a gun at me, that's not cool." JEREMY LARKIN described the gun as being black in color, and said it was not a revolver, describing it as a gun that is "clip loaded." JEREMY LARKIN said that situation defused itself, and JEREMY LARKIN said he asked DARRYLL FERGUSON if he wanted to smoke some marijuana with him. JEREMY LARKIN said DARRYLL FERGUSON agreed, so they both went into the bathroom at the location and smoked marijuana together. JEREMY LARKIN said he spoke with DARRYLL FERGUSON about the gun, and said DARRYLL FERGUSON was telling him he's legally allowed to carry the gun. JEREMY LARKIN said he was then discussing what happened with CHAD CROSBY, and said CHAD CROSBY told him about an incident that happened recently where DARRYLL FERGUSON had two guns while in the elevator at the apartment complex, and that DARRYLL FERGUSON had a problem with "JOSE", and that "JOSE" better "watch out." JEREMY LARKIN said after awhile, he and DARRYLL FERGUSON left the apartment. JEREMY LARKING said he continued to exit the building, but said DARRYLL FERGUSON went to the second floor of the building. JEREMY LARKIN said he did not see DARRYLL FERGUSON again after they parted ways. Detective Kammerer asked JEREMY LARKIN if he thought the gun DARRYLL FERGUSON had looked real, and JEREMY LARKIN said, "Oh yeah it looked real man, like I've seen people paint their little Airsoft guns like the tips of 'em like black or whatever so it's not orange. No, that thing looked like a real gun." Detective Kammerer asked JEREMY LARKIN if DARRYLL FERGUSON ever told him it was a fake gun, and JEREMY LARKIN said he did not, and said DARRYLL FERGUSON "actually affirmed several times

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it was a real gun." JEREMY LARKIN said, "It looked impressively real to me", and, "It appeared as real as any gun I've seen in my life, any handgun." This report summarizes the interview with JEREMY LARKIN. For complete verbatim details of the interview, please refer to the transcription of the interview. EXTERNAL DISTRIBUTION LIST Add Addressee

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PORTLAND POLICE BUREAU INVESTIGATION REPORT

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Kraig McGlathery (26847)PPB-C-1-10/84 767 (08/07)

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CASE NUMBER

10-103413REFER CASE NUMBER CLASSIFICATION CLR

DATE / TIME REPORTED

12/17/10 0347DATE /TIME OCCURRED

12/17/10(START)

0400DATE / TIME OCCURRED

12/17/10(END)

1330RADIO (R)

PHONE-IN (P)

S/I (S)

LOCATION OF OCCURRENCE

12110 E Burnside Street #201 PREMISE TYPE

100 - Dwelling, ResidencePRECINCT OF OCCURRENCE

East PrecinctONE SENTENCE SUMMARY OF INCIDENT

OFFICER INVOLVED SHOOTING

PERSONS BU - Business Complainant KN - Person w/Knowledge OW - Owner PF - Property Finder SB - Subject RP - Reporting Person VI - Victim WI - Witness Add Person

X1,X2, - X9 - SUSPECTS MI - Missing RW - Runaway DK - Drunk DE - Deceased AS - Attempt Suicide ME - Mental SB - Subject Add Subject

CODE

DENAME (Last, First Middle)

FERGUSON, DARRYEL DWAYNECRN SEX

MRACE

WDOB

07 /65HOME ADDRESS

12110 E Burnside Street #201 CITY

PortlandSTATE

ORZIP

97216HEIGHT

5'9"WEIGHT

135HAIR

BROEYES

BLUCUSTODY?

YESNO

AKA/MONIKER WRK PHN MSG PHONE MOBILE PHONE HOME PHONE

OTHER DESCRIPTION

X

VEHICLE S - Stolen R - Recovered L - Locate A - Abandoned T - Towed V - Victim's Vehicle X - Suspect Vehicle I - Informational M - Missing Add Vehicle

IDENTIFICATION DIVISION NOTIFIED? YES NO

OUTSIDE AGENCY NOTIFIED/REFERRED TO?

PROPERTY RECEIPT NUMBER(S)

PROPERTY S - STOLEN L - LOST F - FOUND D - DAMAGED K - SAFEKEEPING R - RECOVERED E - EVIDENCE Add Property

NARRATIVE-The order of appearance for additional information will be:

ITEM 1: N/A

ITEM 2: N/A

ITEM 3: N/A

ITEM 4: ADDITIONAL WORTHLESS DOCUMENTS - Record multiple worthless documents on a fraud supplemental form. Record in the narrative the total number of worthless documents written.

ITEM 5: N/A

ITEM 6: ADDITIONAL OFFICERS - List all officers present and identify their involvement with the incident being reported.

ITEM 7: SUMMARY - A short summary is necessary if the narrative is more than one full page in length.

ITEM 8: NARRATIVE - List in chronological order, all of the relevant details of the incident and/or elements of the crime or violation.

NARRATIVE NO CONNECT INFORMATION NONCONNECT INFORMATION Involved Officers Referred To: Officer Kelly JENSON, DPSST #46624, East Precinct Night Shift. Officer Jonathan KIZZAR, DPSST #46622, East Precinct Night Shift. NO EXHIBITS NO SUMMARY NARRATIVE On December 17, 2010, at about 0400 hours Officers Jenson and Kizzar of the Portland Police Bureau were

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PORTLAND POLICE BUREAU INVESTIGATION REPORT

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Kraig McGlathery (26847)PPB-C-1-10/84 767 (08/07)

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involved in a shooting just outside the residence 12110 E Burnside Street #201. As a result of the shooting the resident, DARRYEL D FERGUSON, was killed. EXTERNAL DISTRIBUTION LIST Add Addressee

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CASE NUMBER


STATUS


12/17/10TIME


01/04/11TIME


12110 E Burnside Street #201 SUBJECT OF THIS REPORT

OFFICER INVOLVED SHOOTINGCAD INCIDENT NUMBER

1012170261

. . .


East Precinct


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CODE

DENAME: (Last, First Middle)


MRACE

WDOB

07 /65ADDRESS


PortlandSTATE

OregonZIP

97216WORK PHONE MESSAGE PHONE MOBILE PHONE

503 926-1654HOME PHONE

X



1222254



NO CONNECT INFORMATION NONCONNECT INFORMATION Witnesses Interviewed: LAWSON, MARSHA LYNN F/W, DOB 03 67 Home Address: 12110 E Burnside Street #201, Portland, OR 97216 Cell Phone:503 926-1668 Caretaker of FERGUSON, Interviewed JINX, KAY F/W, DOB 07 59 Home Address: 1109 Haven View Drive, O'Fallon, MO 63366 Home Phone: 636 240-6080 Sister of FERGUSON Witnesses Referred To: MANKINS, JEREMY PAUL M/W, DOB 07 79 Home Address: 12110 E Burnside Street #201, Portland, OR 97216 Cell Phone: 503 750-3965 Present during shooting, Interviewed by Detective Steed DAVIDSON-THELIN, SHEENA RAE F/W, DOB 03 82 Home Address: 12110 E Burnside Street #201, Portland, OR 97216

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Cell Phone: 503 789-8706 Present during shooting, Interviewed by Detective Beniga BAER, TERRIE F/W, DOB 10 72 Home Address: 12110 E Burnside Street #202, Portland OR Cell Phone: 503 995-6398 Witness interviewed by Detective Michaels CROSBY, CHAD M/W, DOB 06 65 Home Address: 12110 E Burnside Street #208, Portland, OR Cell Phone: 503 320-8333 Called 9-1-1 to report threats by FERGUSON, interviewed by Detective Michaels COOPER, MARIAN F/W, DOB 10 77 Work Address: 12339 SE Stark Street, Portland, OR 97233 Work Phone: 503 261-2951 Manager Big Five Sports, sold FERGUSON the BB gun. Additional Police Personnel Referred To: Involved Officers: Officer Kelly JENSON, DPSST #46624, East Precinct Night Shift Officer Jonathon KIZZAR, DPSST #46622, East Precinct Night Shift PPB Detective Division Personnel: Detective Sergeant R. AUSTRIA, DPSST #25048, PPB Homicide Detail, On Scene Supervisor. Detective Sergeant K. McGLATHERY, DPPST #26847, PPB Homicide Detail, On Scene Supervisor. Detective K. WHATTAM, DPSST #24582, PPB Homicide Detail, Partner. Detective B. STEED, DPSST #19008, PPB Homicide Detail, see his Special Report. Detective M. MICHAELS, DPSST #40400, PPB Homicide Detail, see her Special Report. Detective E. KAMMERER, DPSST #29988, PPB Homicide Detail, see his Special Reports. Detective M. SLATER, DPSST #27192, PPB Homicide Detail, see his Special Report. Detective R. BENIGA, DPSST #36906, PPB Homicide Detail, see his Special Report. Forensic Evidence Division Personnel: Criminalist J. SHEARER, DPSST #29992, Processed Scene. Criminalist R. YOSHIMURA, DPSST #24583, Processed Scene. Criminalist T. McGRATH, DPSST #21146, Processed Scene. Criminalist P. WARE, DPSST #37137, Processed Scene. Other Personnel Referred To:

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Sergeant L. BESNER, DPSST # 27981, Initial Responder, On Scene Supervisor. Detective J. SERVO, DPSST #37609, Gresham Police Department, see his Special Report. Officer F. WIECHMANN, DPSST #30431, PPB East Precinct, analyzed cell phones. EXHIBITS Property/Evidence Receipt #1222254: Item 1: One Diagram created by MARSHA LAWSON Item 2: Once CD of interview with MARSHA LAWSON Item 3: One CD of portion of interview with KAY JINKS Item 4: One Consent to Search form (cell phones and laptop) signed by LAWSON Item 5: One CD of images from FERGUSON's and LAWSON's cell phones. Property/Evidence Receipt #1227426: Item 1: One CD of surveillance footage from Big Five Sports. All items delivered to the Property Room by Writer. SUMMARY On December 17, 2010, I was one of a large number of Officers, Criminalists and Detectives who responded to an Officer Involved Shooting at the Ventura Park Apartments. A resident of apartment # 201, DARRYEL FERGUSON, was shot and fatally wounded by Officers Kizzar and Jenson. This report documents my initial response to the scene and my interview of witness MARSHA LAWSON. This report also documents the collection of evidence from the cell phones of both LAWSON and FERGUSON by Officer Wiechmann and the collection of surveillance footage from Big Five Sports. NARRATIVE On December 17, 2010 at about 0500 hours, I received an electronic page from Detective Sergeant Austria notifying me of an officer involved shooting outside apartment #201 of the Ventura Park Apartments. I was asked to respond to the area of SE 122nd Avenue and SE Ankeny Street. I arrived at the scene at about 0545 hours. Detective Whattam and I were part of the Homicide Up Team and so were assigned the roles of primary investigators. At about 0615 hours, I attended a briefing given by Sergeant Leo Besner. Sergeant Besner explained Officers Jenson and Kizzar had responded to two calls at the Ventura Park Apartments that morning. The first call came from a male in Apartment #201 who identified himself as DARRYEL FERGUSON. The caller complained he was being harassed by a neighbor. Sergeant Besner told us less than an hour later Officers Kizzar and Jenson returned to the apartment complex, this time after BOEC received a call from a man identifying himself as CHAD CROSBY. The caller said he was being threatened by a neighbor who had previously shown him a gun. Sergeant Besner told us Officers Jenson and Kizzar knocked on Apartment 201 and were confronted by a male who pointed a firearm at them. Sergeant Besner said the officers fired on the male and struck him. Sergeant Besner told us the front door to the residence then closed and the officers called for assistance.

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Sergeant Besner told us as units arrived they learned three additional adults and a child were still inside the apartment. Sergeant Besner explained the SERT team were activated but because they were unavailable the Washington County Tactical Negotiations Team were called. Sergeant Besner told us the PPB Hostage Negotiation Team also responded. Sergeant Besner explained a female identified as MARSHA LAWSON then came out of the apartment and advised the officers the male inside (who she identified as DARRYEL FERGUSON) was deceased and the weapon seen was, in fact, a BB gun. LAWSON also stated she had moved the weapon into the kitchen. Sergeant Besner said two other adults identified as SHEENA DAVIDSON-THELIN and JEREMY MANKINS (as well as their young child) then came out of the residence. Sergeant Besner said based on the updated information from the occupants of the residence uniformed officers entered 12110 E Burnside Street #201 and secured it. Sergeant Besner confirmed medical personal examined the male inside the apartment and declared him deceased. Sergeant Besner told us as part of the response to the incident officers had begun to evacuate the building. The occupants of the Ventura Park Apartments were placed on two TriMet buses in a large lot east of the incident. Sergeant Besner explained officers had come into contact with several potential witnesses to the build up to the shooting. At the end of the briefing, I was notified by Detective Kammerer he had obtained written consent from all of the occupants of 12110 E Burnside Street #201 to enter and search the residence. Detective Sergeant Austria directed Criminalists Ware, McGrath, Yoshimura and Shearer to begin the process of documenting the scene with video and photographs and later on to collect the evidence. Detectives Kammerer and Slater then went to East Precinct in order to conduct the weapons countdown on the firearms carried by Officers Jenson and Kizzar. Detectives Steed, Michaels, Beniga and Servo and later Detectives Kammerer and Slater began to interview witnesses. For details of the actions of the investigators see their reports. Detective Whattam and I then met with and interviewed MARSHA LAWSON. The interview was conducted in our vehicle. The interview which lasted about three hours was recorded using my digital recorder. This report is only a very brief summary of our conversation. For full details of the interview see the transcript. In response to our questions, LAWSON told us she and DARRYEL FERGUSON lived in the residence 12110 E Burnside Street #201. LAWSON said her daughter (DAVIDSON-THELIN) and son-in- law (MANKINS) as well as their child had moved in about one week before. LAWSON said she is the caretaker of FERGUSON who suffered from both LAWSON said she and FERGUSON have been involved in a relationship for about ten years. LAWSON said FERGUSON took a significant

LAWSON told us one of the medications FERGUSON took, which she identified as . LAWSON said FERGUSON had only resumed taking the medication a few days before but had complained to her about its impact upon him. LAWSON said she believed the medication negatively impacted FERGUSON's mental state. LAWSON told us FERGUSON had, about two weeks before, purchased a BB gun from the nearby Big Five Store. LAWSON said she feared the weapon would get FERGUSON into trouble and she had repeatedly told him to return the item. LAWSON said both she and FERGUSON had fired the BB gun inside the apartment and that it looked to her like a BB gun but could appear real to someone not familiar with it. LAWSON told us she was aware FERGUSON had been feuding with neighbors for some time. LAWSON said the root cause of the problems related to concerns FERGUSON would become public knowledge and he would loose his friends. LAWSON told us, however, she was

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unaware of any problems with neighbors in the hours leading up to the incident. LAWSON said FERGUSON's mood in the last twenty-four hours had been largely positive. LAWSON said FERGUSON had initially been upset about the impact on his life the arrival of her family members had had. LAWSON said, however, FERGUSON had come to terms with his new living conditions and seemed to be looking forward to Christmas and the time he could spend with LAWSON's grandson. LAWSON said FERGUSON left the residence at about 2000 hours on the evening of December 16, 2010. LAWSON said FERGUSON went across the hall to hang out with TERRIE BAER, which he often did. LAWSON said she talked to BAER and was told FERGUSON was in good spirits and was smoking marijuana with her. LAWSON said she learned at some point FERGUSON had gone to another neighbors apartment. LAWSON said FERGUSON returned home at about 0210 hours on December 17, 2010 and went into their bedroom. LAWSON stated she was in the living room dozing on the sofa. LAWSON said she was aware FERGUSON was on the phone but she could not hear who he was talking too or what was being said. LAWSON said the tone of the call appeared friendly. LAWSON said at no point was she aware FERGUSON was arguing with any neighbor or that he had contacted the police. LAWSON told us she was on the sofa when she heard knocking at the door. LAWSON said she approached the door and looked out of the peephole. LAWSON said she did not see anyone outside. LAWSON said she did not know who was outside but said she did not yell out or enquire as to who was there. LAWSON said FERGUSON then came up behind her and told her he would answer the door. LAWSON said she turned and walked back to the area of the sofa. LAWSON said she did not see the BB gun in FERGUSON's hand and was not aware he had it. LAWSON said she heard but did not see the incident. LAWSON said she heard the door open and a male voice say, "whoa, whoa, whoa." LAWSON said she then heard popping sounds and turned to see FERGUSON stepping back and falling to the ground. LAWSON said she approached FERGUSON and saw blood coming from him. LAWSON said she saw the BB gun on the floor next to FERGUSON's body. LAWSON said this was when she first became aware he had the BB gun with him. LAWSON said she picked up the gun and placed it on the counter in the kitchen. At our request LAWSON drew a diagram in my note book documenting where the BB gun was when she first saw it and where she then placed it. Later on, I placed the diagram into evidence on PER 1222254. LAWSON told us she checked for signs of life from FERGUSON but could not find any. LAWSON said she then opened the door of the apartment and yelled that FERGUSON needed medical assistance. LAWSON said she was told to go back inside. LAWSON told us she yelled out again and this time was asked to come out. LAWSON said she did so. During our conversation, LAWSON told us she feared FERGUSON was tired of life and the stress under which he lived. LAWSON told us she believed, even though she did not want to, that FERGUSON's actions were a form of suicide. We asked LAWSON for her written consent to search both her cell phone and the cell phone of FERGUSON. LAWSON granted us permission. The Consent to Search Form signed by LAWSON was later also placed into evidence on PER 1222254. Detective Michaels delivered the two cell phones to Officer Fred Wiechmann for analysis. After completing our interview, MARSHA LAWSON told us she wished to call FERGUSON's sister Ms. KAY JINKS and notify her of the death. After calling Ms. JINKS, LAWSON contacted a family friend (GARY and LINN HALL) who made arrangements to come to the scene and collect LAWSON, MANKINS and DAVIDSON-THELIN. Once Detective Beniga and I collected items from inside the residence including

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clothing and hygiene products, LAWSON left the scene. As part of the investigation I entered the residence 12110 E Burnside Street #201. I searched the bedroom described to me by LAWSON as being the room she shared with FERGUSON. In the closet on its right (south side) I located a small dresser drawer. In the drawer I located several items related to the BB gun including Daisy brand CO2 cartridges, Crossman brand .177 calibre pellets and a bottle of Copperhead brand BB's. On the window sill of the west facing bedroom window I located a The

. ." I also observed the BB gun

recovered from the kitchen counter inside the residence. I noted the weapon had been altered with black marker or a similar product and the white lettering on the side was not as visible. I saw the weapon was a replica of a Colt Defender. Detective Whattam and I completed our on scene investigation at about 1300 hours. We then drove to the Big Five Store at SE 122nd Avenue and SE Stark Street. We spoke with the store manager Ms. COOPER. In response to our questions, Ms. COOPER told us company records indicated they had only sold one Colt Defender BB gun recently. Ms. COOPER then gave us a copy of receipt dated November 27, 2010 documenting the sale. I noted that in addition to the BB gun the purchaser had also obtained several items described by LAWSON. At our request Ms. COOPER located video surveillance of the transaction. On December 18, 2010, at about 1230 hours, Detective Whattam drove to the Big Five Store and collected a CD of video surveillance captured during the sale of the BB Gun. Later on I watched the footage and noted the person buying the BB gun on November 27, 2010 was indeed DARRYEL FERGUSON. On December 17, 2010 at about 1330 hours I drove to East Precinct and collected from Officer Wiechmann a CD containing the analysis of the cell phones belonging to LAWSON and FERGUSON. For details of the analysis see my separate Special report. Later on I placed the CD into evidence on PER 1222254 and released LAWSON's phone to her. This matter remains under investigation. EXTERNAL DISTRIBUTION LIST Add Addressee

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CASE NUMBER


STATUS


12/17/10TIME


01/07/11TIME



ONGOING INVESTIGATION OF OFFICER INVOLVED SHOOTINGCAD INCIDENT NUMBER

. . .


East Precinct


Add Person

CODE



MRACE

WDOB

07/ /65ADDRESS


PortlandSTATE

OregonZIP


X





NO CONNECT INFORMATION NONCONNECT INFORMATION Witnesses Interviewed: JINX, KAY F/W, DOB 07 59 Home Address: 1109 Haven View Drive, O'Fallon, MO 63366 Home Phone: 636 240-6080 Sister of FERGUSON Witnesses Referred To: LAWSON, MARSHA LYNN F/W, DOB 03 67 Home Address: 12110 E Burnside Street #201, Portland, OR 97216 Cell Phone:503 926-1668 DAVIDSON-THELIN, SHEENA RAE F/W, DOB 03 82 Home Address: 12110 E Burnside Street #201, Portland, OR 97216 Cell Phone: 503 789-8706 Daughter of MARHSA LAWSON Additional Police Personnel Referred To: Detective K. WHATTAM, DPSST #24582, PPB Homicide Detail, Partner. Involved Officers:

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Officer Kelly JENSON, DPSST #46624, East Precinct Night Shift Officer Jonathon KIZZAR, DPSST #46622, East Precinct Night Shift SUMMARY This report documents my interview of Ms. KAY JINKS, sister of DARRYEL FERGUSON who was fatally wounded during and officer involved shooting on December 17, 2010. Ms. JINKS is a resident of O'Fallon, MO and so was not a direct witness to the incident, however, Ms. JINKS did have a significant knowledge of her brothers medical condition and his mental state. Ms. JINKS also spoke with MARSHA LAWSON and discussed with me several key discrepancies between LAWSON's account of the incident as provided to me and her account as provided to Ms. JINKS. NARRATIVE. I have been investigating an officer involved shooting which occurred on December 17, 2010, at about 0400 hours, at the Ventura Park Apartments in East Portland. During the incident DARRYEL DWAYNE FERGUSON a residence of Apartment #201 was fatally wounded by Officers Kizzar and Jenson. On December 18, 2010, I spoke with Ms. KAY JINKS, sister of the deceased. The conversation with Ms. JINKS lasted about 90 minutes. Two short portions of the conversation were recorded. These two portions relate to discrepancies between MARSHA LAWSON's account of the incident. Simply stated, LAWSON's description of the shooting to Ms. JINKS differed from the statement she gave to myself and Detective Whattam on the day of the shooting. In response to my questions, Ms. JINKS, told me she was aware that her brother suffered from a number of

. Ms. JINKS told me she was, however, . Ms. JINKS described in detail to me the history of the relationship between herself and her brother, her mother and her brother and LAWSON's relationship with her family.

. In summary, Ms. JINKS profoundly disagreed with the

suggestion from LAWSON that her brother's death was some form of suicide. Ms. JINKS said her brother seemed to be in a positive frame of mind when she talked to him in the days before the incident. Ms. JINKS also told me she knew from her conversations with her brother he respected Law Enforcement. Ms. JINKS told me she was aware her brother made poor decisions when he consumed alcohol. Ms. JINKS described her brother as having a Dr. Jekyll and Mr. Hyde personality. Ms. JINKS told me her brother might on one occasion cope calmly with a stressor and on the next occasion explode when faced with the same stressor. Ms. JINKS told me she had personally experienced that when her brother drank he became a "crazed man." Ms. JINKS told me she was aware from conversations with her brother he was involved in ongoing disputes with neighbors. Ms. JINKS told me one neighbor, had according to her brother, attempted to assault him. Ms. JINKS told me she believed her brother went to the door with the a BB gun not because he wished to be killed by the police but because he was likely unaware the police were there and instead believed he was defending his home and family from neighbors. Ms. JINKS told me she was aware her brother . Ms. JINKS said her brother had been

. Ms. JINKS told me, based on her conversations with her brother, . Ms. JINKS told me, however, the

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of which FERGUSON complained, were that they made " . Ms. JINKS said she had not heard from her brother .

During my conversation with Ms. JINKS she told me she was notified of the death of her brother by MARSHA LAWSON on December 17, 2010 at about 1043 hours (Oregon time). Ms. JINKS said she received a call from a number I know to belong to LAWSON's daughter SHEENA. Ms. JINKS told me during that call, LAWSON told her she saw FERGUSON go to the door with the BB gun in his hand and that they called out to whoever was outside asking who was there. Both of these details are at odds with what LAWSON told myself and Detective Whattam during our interview of her. Ms. JINKS and I discussed those details during two brief recorded conversations. For full details of those conversations please see the transcript. EXTERNAL DISTRIBUTION LIST Add Addressee

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CASE NUMBER


STATUS


12/17/10TIME


01/05/11TIME



Autopsy of DARRYEL FERGUSONCAD INCIDENT NUMBER

. . .


East Precinct


Add Person

CODE



MRACE

WDOB

07 /65ADDRESS


PortlandSTATE

OregonZIP


X





NO CONNECT INFORMATION NONCONNECT INFORMATION Additional Police Personnel Referred To: Involved Officers: Officer Kelly JENSON, DPSST #46624, East Precinct Night Shift Officer Jonathon KIZZAR, DPSST #46622, East Precinct Night Shift PPB Detective Division Personnel: Detective K. WHATTAM, DPSST #24582, PPB Homicide Detail, Partner. Officer P. MEYER, DPSST #26651, PPB Training Division, Present. Forensic Evidence Division Personnel: Criminalist V. NEBLING, DPSST #37144. Criminalist P. WARE, DPSST #37137. Medical Examiners Office: Dr. Karen GUNSON, Deputy Medical Examiner Phone Number: 971 673-8200 Performed Autopsy of FERGUSON. Multnomah County District Attorneys' Office: DDA Robert LEINEWEBER

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Phone Number: 503 988-3162 Present during autopsy of FERGUSON. NO EXHIBITS NO SUMMARY NARRATIVE On December 18, 2010, at about 0900 hours, I attended the autopsy of DARRYEL DWAYNE FERGUSON who had been fatally wounded during an officer involved shooting at the residence 12110 E Burnside Street #201. The autopsy was performed by Dr. Karen Gunson. Dr. Gunson observed the deceased to be wearing a black hooded zippered sweatshirt with a black tie-dyed style T-shirt underneath. The deceased was wearing blue jeans with a black leather studded belt as well as black and white sneakers. A single spent bullet was located in the black sweatshirt close to the right elbow of the deceased. Dr. Gunson observed the deceased to be a forty five year old white male with a thin build. Dr. Gunson noted the deceased weighed 138 lbs. Dr. Gunson noted two injuries consistent with bullet strikes on the lower left side of the deceased at about the abdominal level. One of the injuries was at about the belt line of the deceased, the other was about four inches higher. Dr. Gunson noted a third injury consistent with a bullet strike on the upper torso of the deceased also on his left side. Dr. Gunson also noted an injury which appeared consistent with an exit wound on the upper right side of the deceased. The path of the exit wound suggested one of the shots passed through the deceased, travelling from his left side to his right, exiting his body and coming to rest in the right sleeve of the sweatshirt. Dr. Gunson recovered two mushroomed bullets from the deceased. One was in the area of his right hip and the other was on the right side of his abdomen. At the end of the autopsy Dr. Gunson told me that the upper two bullet strikes would have been fatal. Dr. Gunson told me the lowest strike would not have been fatal. Dr. Gunson explained the uppermost strike entered the Deceased's upper chest cavity causing significant damage to both lungs and to a major artery. Dr. Gunson told me the cause death was therefore multiple gunshot wounds. EXTERNAL DISTRIBUTION LIST Add Addressee

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CASE NUMBER


STATUS


12/17/10TIME


01/07/11TIME



ONGOING OFFICER INVOLVED SHOOTING INVESTIGATIONCAD INCIDENT NUMBER

. . .


East Precinct


Add Person

CODE



MRACE

WDOB

07 /65ADDRESS


PortlandSTATE

OregonZIP

97216WORK PHONE MESSAGE PHONE MOBILE PHONE

503 926-1654HOME PHONE

X





NO CONNECT INFORMATION NONCONNECT INFORMATION Persons Referred To: LAWSON, MARSHA LYNN F/W, DOB 03 67 Home Address: 12110 E Burnside Street #201, Portland, OR 97216 Cell Phone:503 926-1668 Caretaker of FERGUSON CROSBY, CHAD M/W, DOB 06 65 Home Address: 12110 E Burnside Street #308, Portland, OR Cell Phone: 503 320-8333 Additional Police Personnel Referred To: Detective K. WHATTAM, DPSST #24582, PPB Homicide Detail, Partner. Officer F. WIECHMANN, DPSST #30431, East Precinct, analyzed cell phones Involved Officers: Officer Kelly JENSON, DPSST #46624, East Precinct Night Shift Officer Jonathon KIZZAR, DPSST #46622, East Precinct Night Shift EXHIBITS Property/EvidenceReceipt #1222255:

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Item 1: One CD of three 9-1-1 calls made by FERGUSON. Placed into Property Room by Writer. SUMMARY This report documents my review of the analysis done by Officer Fred Wiechmann of the cell phone belonging to DARRYEL FERGUSON. NARRATIVE On December 17, 2010, I responded to an officer involved shooting at the Ventura Park Apartments at 12110 E Burnside Street. The resident of apartment #210, DARRYEL FERGUSON, was fatally wounded after a confrontation of Officers Jenson and Kizzar. During my initial investigation I met with MARSHA LAWSON, caretaker and partner of the deceased. At our request, Ms. LAWSON gave myself and Detective Whattam written consent to search and analyze a cell phone used by Mr. FERGUSON. The phone was delivered to Officer Fred Wiechmann at East Precinct where the analysis was completed. The reader should note because the phone is a Cricket cell technical issues prevent a digital capture of the cell phones data. Officer Wiechmann told me he was forced to simply take images of the screen as he searched through the phones various sections. Officer Wiechman delivered to me a CD containing the images. Over the course of the investigation, I had learned the deceased was involved in an ongoing dispute with a fellow resident of the Ventura Park Apartments, CHAD CROSBY. I knew prior to the shooting FERGUSON had called BOEC to report he was being threatened, and CROSBY had called BOEC to report he was being harassed. I reviewed the data in FERGUSON's cell phone in order to determine whether and how often the pair were communicating in the hours before the shooting. My analysis is as follows: Beginning at 0012 hours FERGUSON's cell phone logs say he received fourteen calls from a number CROSBY told us was his cell phone. The completed calls varied in length from nine seconds to ninety four seconds. The final completed call from CROSBY was received at 0343 hours. FERGUSON's cell phone logs also show he missed four calls from CROSBY including one at 0354 hours about six minutes before he was involved in the incident. Beginning at 0137 hours FERGUSON's cell phone logs say he called CROSBY's number twelve times. The calls vary in length from seven seconds to eighty five seconds. FERGUSON called CROSBY's number seven times in the forty five minutes before the shooting. The final call to CROSBY came at 0356 (about four minutes before the shooting). FERGUSON's cell phone log also show he called 9-1-1 four times and the non emergency number once. According to the cell phone log, FERGUSON called 9-1-1 at 0242 hours. The cell phone log shows a fifty second call. I contacted BOEC and learned their records showed a call which lasted only a few seconds. I obtained a copy of the call and reviewed it. A male calls and asks for "non-emergency," the caller appears to

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be transferred. The cell phone shows a two hundred and fifty two second call to 9-1-1 at 0244 hours. I reviewed that call and heard a male complaining he was being threatened. The caller is referred to the non emergency line and an argument ensues between the male and the BOEC call taker. The cell phone shows a two hundred and three second call to 9-1-1 at 0248 hours. I reviewed that call and heard the same male complaining he was being threatened. The male is referred to the non emergency number again. The cell phone then shows a five minute call to the Non Emergency Number at 0251 hours. The same male is heard identifying himself as DARRYEL FERGUSON. Finally, the cell phone shows a two second call to 9-1-1 at 0258 hours. I placed a CD of the 9-1-1 calls into evidence on PER 1222255. EXTERNAL DISTRIBUTION LIST Add Addressee

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Ryan HilsentegerDPSST

39660PREC / DIV

TF / K9RLF / SHIFT

NASSN / DIST

K98SUPERVISOR'S SIGNATURE

Ryan Hilsenteger (39660)PPB-SSD-TH 423 (08/07)

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CASE NUMBER


STATUS

2. PendingORIGINAL REPORT DATE

12/17/10TIME


12/17/10TIME


12110 E. BURNSIDE ST. #201SUBJECT OF THIS REPORT

INVOLVEMENT AT OFFICER INVOLVED SHOOTING SCENE.CAD INCIDENT NUMBER

#0225

. . .


East Precinct


Add Person

CODE



MRACE

WDOB

07 65ADDRESS

12110 E. BURNSIDE ST. #201CITY

PORTLANDSTATE

OregonZIP


X





8) I responded to the listed location after Officers broadcast that shots had been fired. They were able to broadcast info that the suspect pointed a gun at them and they returned fire. Upon arrival, I went up the stairwell on the north side of the apartment complex and posted at the stairwell door that entered the second floor. From there, Sgt. Andrusko established phone contact with a female inside the suspects apartment. As a result, the female, one other adult, and a child were safely evacuated from the apartment and made it out to officers in the south stairwell. We then began evacuating other residents on the second floor and apartments above on the third floor. After supervisors and command staff gathered intelligence on the situation surrounding the suspects status, we developed a plan to approach the apartment door. We were advised that the apartment door was slightly ajar and the suspect was down on the floor just inside the door. One of the evacuated females was interviewed and told an Officer that after the suspect was down, she took the gun away from him and placed it on the kitchen counter in the apartment. At that point, myself, Sgt. Andrusko, Ofc. Jakubauskas, and Ofc. Valdez, entered the apartment to clear it. After pushing the door open, we saw that the suspect was down and appeared to be deceased. We advanced into the apartment, locating a gun on the kitchen counter, and then found the rest of the apartment to be clear. After this, I went back outside the apartment building as the scene was secured by other officers.EXTERNAL DISTRIBUTION LIST Add Addressee

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Gedemynas J. JakubauskasDPSST

46056PREC / DIV

EARLF / SHIFT

NASSN / DIST


Gedemynas J. Jakubauskas (PPB-SSD-TH 423 (08/07)

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CASE NUMBER



12/17/10TIME


12/17/10TIME


12110 E BURNSIDE ST #201SUBJECT OF THIS REPORT

ShootingCAD INCIDENT NUMBER

#0225

. . .


East Precinct


Add Person

CODE

SBNAME: (Last, First Middle)

DARRYEL FERGUSONCRN SEX

MRACE

WDOB

07 /65ADDRESS

12110 E BURNSIDE ST #201CITY

PortlandSTATE

OregonZIP

WORK PHONE MESSAGE PHONE MOBILE PHONE HOME PHONE

X





6) Ofc Kizzar ( #46622) Unit 958, Primary Ofc Jenson (#46624) Unit 958, Primary Ofc Cater (##50089) Unit 979, Cover Ofc Strohmeyer (#38637) Unit 928, Cover Ofc Valdez (#40118) Unit 908, Cover Ofc Hilsenteger (#39660) Unit K98, Cover Sgt Andrusko (#29502) Unit 3904 8) I self dispatch to the above location for an Officer involved shooting. While enroute 958 updated that SB had pointed a gun at them and they returned fire and he went back into his apartment. On scene I enter the north stairwell and went to the second floor, Ofc Cater was with me. Ofc Kizzar had a position in the doorway of the stairwell looking south down the hallway. I took Ofc Kizzar's position. He told me the SB was in apartment 201 the one with the Christmas wreathe on the door. I could see that there were about a dozen bullet holes in the west hallway wall just in front of the door to apartment 201, there were also about a dozen casings laying on the hallway floor, and a flashlight was on the hallway floor on the far side of 201's door. I could see that the door was slightly open. At one point I heard a female yelling, "he is bleeding can I get him help." I yelled for her to come out to the hallway with her hands up. The woman came out of apartment 201 with her hands up, I had her walk to me then passed her to the officers behind me so I could continue to cover the door. I maintained that position until Ofc Strohmeyer arrived with a long rifle. Once relieved I stayed in the stairwell as cover for Ofc Strohmeyer. After a few minutes a cover shield was brought up to our location and put into use. Once the seconded floor was cleared of it residents. The order was given to clear apartment 201. I was lead followed by Valdez, Andrusko, and Hilsenteger. We approached the door from our north stairwell position. Myself and Valdez crossed the door to the far side and Andrusko and Hilsenteger stayed nearside. I was able to push open the door to apartment 201. Just inside the door on the north side wall of the hallway SB was laying on the floor with his feet towards the door. There was blood next to him. There was no movement or breathing. SB was very pale. SB did not respond to commands. It looked as if SB was dead. We cleared the rest of the apartment, nobody else was inside.

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Gedemynas J. JakubauskasDPSST

46056PREC / DIV

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Gedemynas J. Jakubauskas (PPB-SSD-TH 423 (08/07)

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I then took a position at the south stairwell to send all personnel to the north stairwell where Ofc Valdez was doing the Crime scene log. I kept that position until day shift Ofc Chong relieved me. EXTERNAL DISTRIBUTION LIST Add Addressee

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Ted WilsonDPSST

24191PREC / DIV

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920/951SUPERVISOR'S SIGNATURE

Ted Wilson (24191)PPB-SSD-TH 423 (08/07)

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CASE NUMBER



12/17/10TIME


12/17/10TIME


12110 E Burnside St. #201SUBJECT OF THIS REPORT

Crime scene log at police involved shooting.CAD INCIDENT NUMBER

. . .


East Precinct


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CODE


Ferguson, Darryel DCRN SEX

MRACE

WDOB

07 65ADDRESS

12110 E Burnside St. #201CITY

Portland STATE

OregonZIP


X





Dispatch to the listed location regarding a shooting. On-scene I was assigned to maintain the crime scene log. I did so until the scene was finished processing by F.E.D. The crime scene log was given to Detective Ken Whattam #24582, and I was cleared. Nothing further to report at this time.

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pbmelodye

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pbmelodye

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pbmelodye

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correct case# 10-103413

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Leo BesnerDPSST

27981PREC / DIV

EA/URLF / SHIFT

NASSN / DIST


Rich Austria (25048)PPB-SSD-TH 423 (08/07)

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CASE NUMBER


STATUS

2. PendingORIGINAL REPORT DATE

12/17/10TIME


12/17/10TIME


12110 E Burnside St #201SUBJECT OF THIS REPORT

Entered Crime Scene - Officer Involved ShootingCAD INCIDENT NUMBER

. . .


East Precinct


Add Person

CODE

SBNAME: (Last, First Middle)

Ferguson, DarryllCRN SEX

MRACE

WDOB

07 /1965ADDRESS

12110 E Burnside St #201CITY

PortlandSTATE

OregonZIP

WORK PHONE MESSAGE PHONE MOBILE PHONE HOME PHONE

X





6/ SGT Andrusko SGT Dobson 8/ I responded to 12110 E Burnside St #201 to assist at the scene of an Officer Involved Shooting. While enroute I was updated via radio that all Police Officers were safe and accounted for. The suspect had been shot and was last seen inside the doorway of apartment #201. He had fallen back inside the apartment and the door had shut behind him. There were other people inside the apartment. I was briefed by SGT Dobson and SGT Andrusko by phone regarding specifics of the tactical situation. This information was used to formulate the plan and was the basis of information I later relayed to Detectives and Command Staff. I arrived and became the team leader of the officers in the south stairwell. SGT Andrusko had several officers and was in the north stairwell. His team had direct sight of the front door. We established a plan to call into the apartment, establish communication with the other people inside and have them come out of the apartment, walk to the south stairwell and downstairs. We established communication with them and they left the apartment, followed direction and were escorted to waiting patrol cars. We found out that the only phone in the apartment had come out with the people who left. The only other phone had a dead battery. The door had closed behind the people when they left but was not latched. Based on the information we had at the time the decision was made to activate SERT. We were notified that Washington County TNT was covering for SERT and would contact us by phone. After Command Staff arrived and additional information was gained during interviews the people from the apartment it was decided that a four person team would approach the apartment door, open the door and see if the suspect was on the floor inside the front door. If he wasn't in view from the door the team would back out. The team approached, opened the door and located the suspect laying just inside the door. He appeared to be deceased. Command Staff was notified and they instructed the team to clear the rest of the apartment. While they were clearing the apartment I saw that they would need an extra person. I left my spot at the front door and helped to clear the back bedrooms. It was determined that the apartment was clear except the

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suspect. I notified Washington County TNT by phone and advised them during the planning stages that the full team would probably not be needed. The team leader was kept advised of the circumstances and eventually they were cancelled. One Officer was left at the front door to monitor the crime scene and establish the Crime Scene Log. All other Officers were reassigned to other perimeter positions. I supervised various aspects of the perimeter and crime scene with SGT Dobson and SGT Andrusko until relieved by LT Meyer.EXTERNAL DISTRIBUTION LIST Add Addressee

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CASE NUMBER


STATUS


12/17/10TIME


01/19/11TIME



OFFICER INVOLVED SHOOTING INVESTIGATIONCAD INCIDENT NUMBER

. . .


East Precinct


Add Person

CODE



MRACE

WDOB

07 /65ADDRESS


PortlandSTATE

OregonZIP


X



1222018



NO CONNECT INFORMATION NONCONNECT INFORMATION Persons Referred To: LAWSON, MARSHA LYNN F/W, DOB 03 67 Home Address: 12110 E Burnside Street #201, Portland, OR 97216 Cell Phone: 503 926-1668 Caretaker of FERGUSON JINX, KAY F/W, DOB 07 59 Home Address: 1109 Haven View Drive, O'Fallon, MO 63366 Home Phone: 636 240-6080 Sister of FERGUSON Additional Police Personnel Referred To: Involved Officers: Officer Kelly JENSON, DPSST #46624, East Precinct Night Shift Officer Jonathon KIZZAR, DPSST #46622, East Precinct Night Shift Additional Detective Division Personnel Referred To: Detective M. SLATER, DPSST #27192, PPB Homicide Detail. FED Division Personnel Referred To: Criminalist T. McGRATH, DPSST #21146, PPB FED.

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OSP Crime Laboratory Personnel Referred To: Travis D. Gover, Forensic Scientist Address: OSP Crime Lab, 13309 SE 84th Avenue, Suite 200, Clackamas, OR 97015 Phone: 971 673-8230 EXHIBITS Property/Evidence Receipt #1222018: Item 1: One bag of fired 9mm bullets and casings (from OSP Crime Lab Marked Item 1.1) Item 2: One bag of fired 9mm bullets and casings (from OSP Crime Lab Marked Item 2.1) Delivered to the Property Room by Writer. SUMMARY This report documents my ongoing investigation of an Officer Involved Shooting which occurred on December 17, 2010. NARRATIVE On December 22, 2010, I collected from Criminalist McGrath the Glock pistols and magazines assigned to Officers Kizzar and Jenson as well as the casings collected from the shooting scene. I delivered the items to the OSP Crime Lab and asked Forensic Scientist Travis Gover both to test the operability of the guns and determine which casing were fired from which pistol. Officer Kizzar's Glock Model 17 pistol is assigned the serial number GXK802 and was stored on PER #1227092. Officer Jenson's Glock Model 17 pistol is assigned serial number GXK825 and was stored on PER #1190745. On December 28, 2010, I received a copy of a report written by Mr. Gover. The report states that both of the Glocks were found to be operable as designed by the manufacturer. The test resulted in the creation of test fire casings and bullets which were later returned to me. I placed the test fire evidence into the Property Room on PER #1222018. Mr. Gover wrote that he had determined: the Glock Model 17 pistol serial number GXK825 matches five of the casings recovered at the scene and the Glock Model 17 pistol serial number GXK802 matches fifteen of the casings found at the scene. On December 30, 2010, at about 1500 hours, Detective Slater met with Officers Kizzar and Jenson. Both Officers had completed their appearance at Grand Jury. Detective Slater gave the involved Officers a notice informing them that their Communication Restriction Orders were now lifted. On January 4, 2011, I met with Officers Kizzar and Jenson. I returned to them several items which had been seized as evidence during the investigation. The items included the Glock Model 17 pistol serial number GXK825 and the Glock Model 17 pistol serial number GXK802. I also released the uniforms and other equipment assigned to the Officers. On January 18, 2011, I met with MARSHA LAWSON and delivered to her two items which had been removed from the wallet of the DARRYEL FERGUSON. The items were Zoo passes and a pawn slip. I then

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asked the Property and Evidence Division to return to KAY JINKS certain personnel effects of the deceased including his wallet, a $5 bill and his cigarette lighter. EXTERNAL DISTRIBUTION LIST Add Addressee

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Troy GrundmeyerDPSST

29898PREC / DIV

TF/K9RLF / SHIFT

EASSN / DIST

K93SUPERVISOR'S SIGNATURE

Troy Grundmeyer (29898)PPB-SSD-TH 423 (08/07)

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CASE NUMBER



12/17/10TIME


12/17/10TIME


12110 E Burnside #201SUBJECT OF THIS REPORT

Officer involved shooting crime sceneCAD INCIDENT NUMBER

. . .


East Precinct


Add Person





06 Ofc. Strohmeyer #38637 Ofc. Mawdsley #46528 08 East officers broadcast that they were involved in a shooting at listed location & I responded to assist. I blocked 122nd & set up crime scene tape at 122nd/Ankeny. I responded to the south entrance to the 2nd floor hallway & assisted with evacuations of the 2nd floor. I never entered the suspect apartment or even got close enough to see the apartment.

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PORTLAND POLICE BUREAU SPECIAL REPORT TYPE: 1. INFORMATION

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Aaron L. ColeDPSST

46360PREC / DIV

EA/URLF / SHIFT

NASSN / DIST


Aaron L. Cole (46360)PPB-SSD-TH 423 (08/07)

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CASE NUMBER



12/17/10TIME


12/17/10TIME


12110 E BurnsideSUBJECT OF THIS REPORT

Actions taken after officer involved shootingCAD INCIDENT NUMBER

0225

. . .


East Precinct


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6. Ofc. Kizzar #46622 and Ofc. Jenson #46624 / Primary Ofc. Mawdsley #46428 / Partner Sgt. Dobson #35609 / Supervisor on Scene 8. At approximately 0400 hrs on 12/17/10, I heard Ofc. Kizzar broadcast via radio that shots had been fired. I knew he and Ofc. Jenson were on a call near SE 122 / E Burnside. Ofc. Mawdsley and I self attached to their call and arrived at 12110 E Burnside at approximately 0405 hrs. I went to the north entrance and saw Ofc. Kizzar coming out of that entrance. I could see Ofc. Kizzar was visibly upset. I asked if he was ok and he said he needed a minute to calm down. Sgt. Dobson asked me to stay with him. When Ofc. Kizzar was able to calm down, I stood by while he gave Sgt. Dobson a briefing of the incident. I stayed with Ofc. Kizzar throughout the rest of the morning in order to make sure he was doing ok. I later went to his vehicle (located inside the crime scene) with him and Sgt McGlathery in order to retrieve a few of his personal belongings. Nothing further at this time.EXTERNAL DISTRIBUTION LIST Add Addressee