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Grand Jury will decide if use of force was justified in killing of Doug Diamond on July 3

COURTESY PHOTO: CLACKAMAS COUNTY SHERIFFS OFFICE - On July 3, Clackamas County Sheriffs deputies were dispatched to the RV Park on a report of a suicidal man who was armed, later identified as Doug Diamond, 58, of Tualatin.About the officer-involved shooting on July 3 in Welches, we now know this: The man who was shot and killed was Tualatin man Doug Diamond, 58, who was allegedly armed and suicidal. Clackamas County Sheriff's Office Sgt. Sean Collinson was injured during the confrontation. And Sandy Police officer Michael Boyes was the only person who fired a weapon during the incident.

What we don't know — and is left for a grand jury to decide — is if the deadly force wielded by Boyes will be considered justified.

On July 3, Clackamas County Sheriff's deputies were dispatched to the RV Park on a report of a suicidal man who was armed. Upon arrival deputies found Diamond outside of his RV in the camping area.

According to police reports, deputies — including a crisis negotiator — began a conversation with Diamond that went on for several minutes. During that time, a Clackamas County sergeant and officers from the Sandy Police Department responded to the scene as well.

As the situation evolved, deputies began to issue verbal commands to Diamond, who refused to comply, according to a press release issued Thursday, July 16, by the Clackamas County Sheriff's Office.

A less-than-lethal shotgun was used, as well as a Taser, but neither subdued Diamond. As the incident continued, an attempt was made to physically take Diamond into custody. In the struggle, police said, Diamond produced a semi-automatic handgun, pointing it at Sgt. Collinson.

Boyes then fired his weapon, striking Diamond. During the incident, Collinson was also shot, receiving injuries to his arm and finger. Investigators said they believe the Sandy police officer was the only person who fired a weapon.

When asked if Collinson was shot by Boyes, Sheriff's office Public Information Officer Sgt. Marcus Mendoza said "that is what is believed at this time."

Deputies and officers on scene performed first aid on Diamond and Collinson. Diamond died at the scene. Collinson was taken to an area hospital and is in good condition, recovering from his injuries at home.

As with any officer-involved shooting, a joint investigation by members of the Major Crimes Team has begun. Mendoza says the team for this investigation consists of members of the Clackamas County Sheriff's Office and Molalla Police Department. Sandy Police Detective Sam Craven is a member of the MCT, but will not help with this investigation because of obvious conflict of interest.

Officer update

Sgt. Collinson, as of July 23, was still recovering from his injuries at home.

As for the members of the Sandy Police who were involved — Officer William Wetherbee and Officer Michael Boyes — they were both put on paid administrative leave after the incident, as is standard protocol.

Boyes, who is still probationary with Sandy and was being supervised by Wetherbee, his training officer, will remain on leave until the grand jury's decision. Wetherbee has returned to duty.

"(This action) is not punitive," clarified Sandy Police Chief Ernie Roberts. "The case is investigated similar to a homicide, because it is (a homicide)."

He added that Boyes retains full access to department benefits, such as medical and mental health resources.

As per the Clackamas County Deadly Physical Force Plan, the Clackamas County Interagency Major Crimes Team agreement, and Oregon Senate Bill 111, all officers involved in an incident where a person is killed by police use of deadly force must participate in a debriefing, report the incident to the District Attorney and Oregon Department of Justice and be provided at least two sessions with a mental health professional by their agency.

COURTESY PHOTO: SANDY POLICE DEPARTMENT - Sandy Police Officer Michael Boyes has been sworn at Sandy for nearly five months now. Officer Michael Boyes

Until the shooting on July 3, Boyes had only been on the force in a probationary capacity for nearly four months, after being sworn in on March 11. He had not served as a sworn officer anywhere before coming to Sandy, and his only prior experience was with the Clackamas County Cadet Program.

As a probationary officer, Boyes was accompanied on every call by a training officer; in this case, Officer Wetherbee. New officers remain on probation for their first 18 months.

To date, according to the Oregon Criminal Justice Information Records Inquiry System (IRIS), Boyes has completed 25 hours of his required training, and is registered to start at the police academy.

Of the trainings he has already completed and passed, none pertain to de-escalation tactics or dealing with a person with mental illness.

In the past

Chief Roberts said the last case of a Sandy police officer being involved in a shooting was in 2005. Roberts was a patrol officer then, but he remembers hearing about the incident. He was off duty when it happened.

Sept. 8, 2005, (former) city police officer William Bergin shot and killed Gresham man Fouad Kaady, 27. This came after, according to The Post's reporting from the time, police found Kaady unarmed, burned, bleeding, naked, acting strangely and standing atop a patrol car. According to coverage by then Post reporter Jim Hart, "When Officer Bergin and Deputy (David) Willard located Kaady, he was sitting at the side of the road, cross-legged and reportedly growling." After Kaady failed to comply with officers' requests, Bergin shot Kaady with his taser. Kaady still did not comply and Willard shot Kaady with his taser.

"That's when everything started to happen very fast, according to several witness reports. Kaady ran away from the officers until he was free of the taser barbs," The Post reported. "Then he turned around and ran toward the patrol car. One witness said Kaady 'became wilder and wilder,' while another said 'he went nutso on them.' Kaady is reported to have chased Willard, jumping on the hood of the patrol car and then on the roof, wildly waving his arms. At that point, Willard reported that he realized his shotgun was lying on the hood, the driver's door was open and the engine was running."

That's when Bergin fired five shots, killing Kaady.

"That was the last time (an officer-involved shooting) happened here," Roberts said.

Four years after the shooting, in 2009, the city of Sandy and Bergin, who no longer worked for the Sandy Police Department, reached a $1 million settlement with Kaady's family.

Former Sandy City Manager Scott Lazenby said the decision to settle the case was made by the city's insurance carrier, which he said was "looking at pretty steep attorney's fees just to defend and win the case. So it was a business decision for them."

The city admitted no liability.

Sgt. Mendoza told The Post he believed the last time the Sheriff's Office has been involved in a shooting was April of this year in Oak Grove.

A date for the grand jury trial regarding this case has yet to be announced.

A desired level of accountability

In reporting on this incident, The Post requested body camera footage from both Sandy officer Boyes and Clackamas County Sgt. Collinson. Both agencies said they don't currently own or use body cameras. Both agencies do have some, if not all, of their patrol vehicles equipped with cameras, but during the incident in Welches, all vehicles were parked too far away from the scene to record what happened.

Both agencies also gave a similar reason for why they haven't acquired this technology.

"The main reason is funding issues right now," Roberts said. "We've looked into the technology and programs to get them."

At the moment, Sandy Police Department is still working to acquire enough cameras for all of its vehicles.

"We see the need for (body cameras) for transparency reasons," Roberts added.

"We have a request into Clackamas County for body cameras, but the cost of body cameras has been (prohibitive)," Mendoza said of the Sheriff's Office. "Funding needs to be approved. That request has been made a few times to the Board of County Commissioners."

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