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An internal review board said the officer who shot Jacob Macduff on Jan. 6, 2021, acted within department policy.

COURTESY PHOTO - Jacob Ryan Macduff, who had mental health issues, was shot and killed by a Tigard police officer on Jan. 6. 2021. An investigation by a Tigard police Use of Force Review Board determined he was within department policy when he did so. A year after the fatal shooting of a man by Tigard police, an internal review by the agency's Use of Force Review Board has determined the use of deadly force was within the department's policies.

Jacob Ryan Macduff, who had mental health issues, was shot and killed by Officer Gabriel Maldonado on Jan. 6, 2021, when officers were responding to a domestic disturbance call at a Tigard apartment complex.

The review board's report is consistent with the Oregon Department of Justice September 2021 report. A grand jury further determined that criminal charges weren't warranted against Maldonado.

"As is common in many force response reviews, the Board identified potential opportunities for future training," the Tigard Police Department stated in a news release. "They also noted issues with aging audio equipment, which has since been resolved with the upgrade and expansion of the department's body-worn camera program." Records released in October 2021 by the Washington County District Attorney's Office of interviews conducted by the Washington County Major Crimes Team indicated that officers and a negotiator tried to persuade Macduff to get out of his pickup. Police were aware, too, that Macduff had identified as a so-called "sovereign citizen," a political movement that questions the legitimacy of the government and believes they are not subject to laws.

Maldonado told investigators he feared for his life after seeing Macduff holding a knife and reaching between the seats in his truck, after having used a spring-loaded tool to break the driver's-side window.

At least one other officer fired non-lethal beanbag rounds at Macduff.

Maldonado told investigators that Macduff ignored his commands up until the officer shot and killed him with his service weapon.

The review board concluded that both the non-lethal rounds and the shots that killed Macduff were fired within the Tigard Police Department's use-of-force policies. Those rules generally permit officers to use deadly force if they believe their life or another person's life is in danger.

Macduff's mother told Pamplin Media Group her son suffered from bipolar disorder and Macduff's roommate believes he was experiencing a manic episode the day he was shot.

Since the fatal shooting, Tigard police and other local agencies have added a mental health clinician to their team to accompany officers responding to mental health and behavioral calls.

Maldonado has since left the Tigard Police Department. A police spokesperson said his resignation was unrelated to the Macduff shooting.

The Use of Force Review Board, which convened Dec. 28, 2021, reviewed hundreds of pages of investigative materials while reviewing the incident, the Tigard Police Department said. The board consisted of five members, including a representative from an outside police agency.

"First and foremost, I want to acknowledge that any loss of life is tragic. I know the Macduff family continues to endure that painful loss," said Chief Kathy McAlpine in a statement accompanying the announcement. "Although the actions of the officers were within policy, we will bring subject matter experts together to provide additional training relating to barricaded subjects. I am thankful to the members of the Washington County Major Crimes Team, Washington County District Attorney's Office, Oregon Department of Justice, grand jury and the internal Use of Force Review Board for their thoughtful and comprehensive review of this case."


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