Marion County District Attorney

01/04/2024

Marion County Grand Jury Unanimously Finds Officers Justified in Use of Deadly Physical Force

Yesterday, January 3, 2024, a Marion County Grand Jury unanimously found that Salem Police Officer John Parmer, Oregon State Police Trooper Andrew Tuttle, and Marion County Sheriff’s Deputy Caleb Mott were each justified in their use of deadly physical force against Justin Lee Jordan, 32, on November 24, 2023.

The Grand Jury convened for two days to hear testimony from 22 witnesses, including the Keizer Police Department who led the investigation. The Grand Jury reviewed multiple video exhibits and further examined numerous pieces of evidence including photographs, scene diagrams, ballistic information, fi****ms, and autopsy conclusions. The following is a factual summary of evidence found by the Grand Jury:

On November 24, 2023, Justin Jordan was at his residence located at 1238 Arabian Ave SE, Salem, OR. Ring camera from his residence showed that at 10:44am Jordan walked up to his front door and began hitting the door with his body. He then walks away from the camera back toward the front of the residence, where the driveway is located.

At 10:48am, Jordan is observed back at the front door of his residence and kicks the front door. He then walks away from the camera back toward the front of the residence.

At 10:51am, Jordan is observed back at the front door. He again kicks the front door multiple times and then walks over the Ring camera and looks into the camera. He appears to be holding a phone in his hand. He places two fingers together (appearing to simulate a gun barrel) and puts his fingers to his right temple. He then moves his two fingers to his throat and simulates cutting his throat. He then again moves his two fingers to his temple, slams his hand against the screen door and then walks away from the camera.

At approximately 10:57am, the Willamette Valley Communication Center (WVCC) received a call from Henry Herzberg stating that a male (later identified as Justin Lee Jordan) was in the street at Arabian Ave SE and Sorrel Court SE thrashing items around a trash can. This location is a dense residential neighborhood with minimal entries and exits. Residential homes are on small lots and there are numerous homes on both sides of the street.

Mr. Herzberg had been outside checking the air pressure in his vehicle’s tires. As he was doing this, he saw Jordan come out of his residence and start throwing his (Jordan’s) trash cans around. Jordan went back into his residence and then came out with two handguns. Mr. Herzberg saw Jordan put the guns to his head and make comments of “I’m going to kill everyone around me” and “Everyone’s dying around me”.

Mr. Herzberg then called 911 and while on the phone with WVCC, Mr. Herzberg heard a gunshot and then saw Jordan holding the guns to his head, while kneeling in the middle of the street.

Marion County Sheriff’s deputies were immediately dispatched to the call[1].

(([1] This area of Salem lies just outside of the city limits and falls within the patrol area of the Marion County Sheriff’s Office. Therefore, the Sheriff’s Office was the first agency to be dispatched. However, as is common in these types of situations, other agencies also responded due to the nature of the call.))

While deputies were responding, at least 9 other calls were placed to WVCC. One of those additional callers was Angel Saucier, who called at approximately 11:02am. She reported being shot at by Jordan. She was not injured but reported that there were bullet holes in the vehicle she was driving.

Ms. Saucier had been helping a friend move that morning. She was driving a truck with her friends, Janelle Olson and Kerrie Ann Keebler, in another truck in front of her. As the truck in front of her approached the intersection of Shetland Court SE and Arabian Ave SE, the truck started to turn left onto Arabian Ave SE but then quickly backed up, turned the other direction, and sped off.

Ms. Saucier then looked to her left and saw Jordan running at her with a pistol in his hand, pointing the gun towards her. She ducked down and as she tried to move her car forward, she heard three “pops”. She heard “dings” as something hit her truck. She sped off and called 911 once she was a safe distance away.

Detectives later contacted Ms. Saucier and were able to photograph her vehicle and the bullet holes located on her vehicle. (See attached Exhibit 1)

After the shots had been fired at Ms. Saucier, Jordan walked back down Arabian Ave SE. At approximately 11:00am, a car drove past Jordan, driven by Mr. Collin Mau. Mr. Mau was on his way to work and observed Jordan crossing the street while taking off his shirt. As Mr. Mau got closer to Jordan, Jordan turned to face him and pointed a firearm at him. Mr. Mau drove past Jordan and then called 911 once he was able to pull over safely.

Officers were enroute during this time and arrived on scene at approximately 11:04am. Multiple other officers arrived shortly after. Officers started to walk southbound on Arabian Ave SE and saw Jordan in the middle of the street. They could see that Jordan had a pistol in his hand and could hear him yelling.

Officers observed neighborhood residents in the immediate area. As they were approaching Jordan, they observed Jordan waving a pistol around in various directions. Officers moved a patrol vehicle up the street, toward Jordan, with officers taking cover behind the patrol vehicle as they moved up the street. As this was occurring, officers observed two vehicles traveling northbound, at separate times, toward Jordan.

At approximately 11:05am, officers observed a vehicle approach northbound on Arabian Ave SE. Jordan turned and appeared to yell at the driver to “get back” and the officers saw him point his pistol at the driver. The driver turned around and went back down Arabian[1].

(([1] The driver of this vehicle was not identified. However, the vehicle was captured on surveillance at 1276 Arabian Ave SE and 4755 Sorrel Court SE driving down the street as described. Jordan can be seen pointing a handgun at the driver of the vehicle.))

Another vehicle, driven by Pavlo Nikolaiev, drove northbound down Arabian Ave SE at approximately 11:07am. Mr. Nikolaiev was on his way to the Portland airport, with his girlfriend Diana Mizel. As he drove down the street, he saw police vehicles and Jordan sitting in the street. As they approached, Jordan stood up and approached the car, with a gun pointed at Mr. Nokolaiev through the front windshield. Jordan then walked over to the driver side of the vehicle and pointed the gun at him through the driver side window.

Mr. Nikolaiev started to back up his car while Jordan kept pointing the gun at him. Mr. Nikolaiev saw Jordan turn back to the officers and point his gun at them. Shortly after this, he heard shots, and drove away. Ms. Mizel was recording with her cell phone as they drove away.

As Mr. Nikolaiev was leaving the area, Jordan turned back to the officers and started to walk toward them. During this time, the officers observed two handguns in his hands. Officers were yelling commands during this period, including “drop the gun!”, “we do not want to hurt you!”, “get on the ground!” and “we do not want to shoot you!”.

Jordan did not comply with these commands but instead yelled at officers to “kill me”. Jordan then raised his right arm and pointed one of the pistols directly at the officers. Three officers fired their weapons at this time.

Jordan was hit three times in various parts of his body, including two graze wounds. Multiple officers approached Jordan to render aid; however, Jordan quickly succumbed to his injuries and was pronounced deceased at the scene. When officers approached, Jordan had two guns located by him.

Overall, the investigation showed that Jordan fired his gun 4 times during the entire incident. He pointed his fi****ms at residents in the area at least 5 separate times and at law enforcement at least 4 separate times.

In total, officers fired 4 rounds at Jordan. Officer John Parmer with the Salem Police Department, six years of service, fired two rounds. Trooper Andrew Tuttle with the Oregon State Police, four years of service, fired one round. Deputy Caleb Mott with the Marion County Sheriff’s Office, six years of service, fired two rounds.

No pedestrians, bystanders or police officers were injured during this incident.

The Keizer Police Department led the investigation and was assisted by members of the Clackamas County Major Crime Team[1]. Pursuant to Marion County’s Officer Use of Deadly Force protocol, a non-involved police agency must lead these investigations.

(([1] Detectives from the Molalla Police Department, the Lake Oswego Police Department, the Clackamas County Sheriff’s Office, the Canby Police Department, and the Oregon City Police Department responded to assist with this investigation.))

The scene was geographically large and required closure until the late evening of November 24, 2023. Photographs, diagrams, and other scene evidence collected during that investigation was presented to the grand jury for their consideration.

An autopsy was conducted by State Deputy Medical Examiner Ariel Viramontes on November 25, 2023. Dr. Viramontes determined that Jordan’s cause of death was a gunshot wound to the torso that went through the chest resulting in injury to both lungs and the heart.

Jordan had no prior criminal convictions.

The Grand Jury applied the facts of this case to the legal principles dictating circumstances when deadly physical force can be used. Specifically, the Grand Jury found that, under the totality of the circumstances known to each peace officer, each officer reasonably determined that the use of deadly physical force was necessary as:

Justin Jordan had committed and attempted to commit violent felonies against multiple persons; Deadly physical force was necessary to defend a peace officer and/or another person from the use or threatened imminent use of deadly physical force;
under the totality of the circumstances existing at the time and place, the use of such force was justified.

The Grand Jury further found that no reasonable alternatives, such as verbal de-escalation, waiting or using other available techniques or resources was reasonable, safe or feasible as the officers gave multiple verbal and visual warnings to Jordan and provided him with a reasonable opportunity to comply, but he failed to do so.

The Grand Jury's decision required reviewing all the facts and evidence available and applying them to the legal principles above. The Grand Jury concluded that the actions of Salem Police Department Officer John Parmer, Oregon State Police Trooper Andrew Tuttle and Marion County Sheriff’s Office Deputy Caleb Mott were justified and lawful.

The case was presented to the Grand Jury by Deputy District Attorney Shannon Sullivan.

The Marion County District Attorney’s Office, including their family service coordinator, met with members of Mr. Jordan’s family to explain the legal determination and answer any questions that they had.

Marion County District Attorney Paige Clarkson stated, “Our community is very fortunate to have police professionals who willingly run toward these incredibly violent incidents to keep us all safe. Their response speaks to their bravery in the face of extreme danger. And just as nobody wanted this to occur on this day, nobody wanted this result for Mr. Jordan. We offer our condolences to his family and loved ones”.

The following items from the investigation can be located from the Google Drive link below:

Photographs of Jordan’s guns
Ring Camera from Jordan’s home (3 files)
A Google map overview of the location
Body Camera footage from Officer Parmer, Trooper Tuttle and Trooper Stewart (*Marion County Sheriff’s Office deputies do not wear body cameras therefore there is no body camera footage from any of those officers)
Photographs of Angel Saucier’s vehicle (4 images)
Surveillance video from 1192 Arabian Ave SE
Surveillance video from 1276 Arabian Ave SE
Surveillance video from 4746 Sorrel Court SE
Video from 4755 Sorrel Court SE (4 files)
Video taken from the Camry driven by Pavlo Nikolaiev

12/21/2023

SURVIVOR OF SEXUAL ABUSE SEES HER ABUSER GET 62 YEARS IN PRISON

On December 19, 2023, Charles Thomas Dougherty was convicted of seven separate incidents of child sexual abuse, conduct he perpetrated on a child starting when she was under 12 and continuing until she was 16. Marion County Circuit Court Judge Courtland Geyer found Doughtery guilty of the offenses and sentenced Dougherty to just over 62 years in the Oregon Department of Corrections.

Doughtery proceeded to trial without a jury, instead electing to have a “bench trial.” In a bench trial, the judge decides both the facts of the case (as though it was the jury) in addition to the judge’s regular role of deciding what law applies to the case. In Oregon, a criminal defendant unilaterally determines whether to proceed with a bench or jury trial.

Trial began on December 18, 2023. The case was investigated by Detective Matthew Hagan at the Marion County Sheriff’s Office and prosecuted by Deputy District Attorney Katharine Semple.

During the trial, two charges were dismissed by the State because the victim was no longer able to articulate discrete, specific instances of abuse as it related to a particular charge. Oregon law requires victims to testify in open court regarding specific instances of sexual assault. Unfortunately, that expectation can be both traumatic and difficult; especially so when abuse was ongoing and frequent. Therefore, it is not uncommon for victims to become confused, forget or unable to recall a specific act. (A much less traumatic and lower-stress example of this phenomenon is trying to recall what you had for dinner last Thursday.) When this happens, the prosecution cannot meet its burden in proving a specific charge beyond a reasonable doubt and a defendant is found not guilty of that behavior.

At sentencing, Deputy District Attorney Semple commended the bravery of the victim and emphasized the need to hold the defendant accountable, especially given that this case represented years of abuse against an extremely young child. Even after the verdict, Doughtery took no accountability, and instead asked the Court to “just give me the 25 years so I can move on with my life.” (Several of the counts for which he was convicted carried a mandatory-minimum 25 years in prison.)

Dougherty did not apologize for his actions.

Judge Geyer found that the convictions represented several discrete, independent acts and ran the sentences consecutively for a total of over 62 years, 37 years longer than the mandatory minimum. DDA Semple stated that “the sentence handed down by the Court holds the defendant accountable for the years of torment he subjected the child to, both physical and psychological.”

At sentencing, Judge Geyer addressed the now-adult victim who was subjected to Dougherty’s sexual violence, telling her: “This can never be said enough: this was not your fault.”

The victim also had the opportunity to make a statement during sentencing. She began by telling the Judge that the term “victim” is not a word she wants associated with her story. Rather, “survivor” is what means the most to her. With that, she addressed both Judge Geyer and Doughtery by saying, “People who know my story may call me a victim, which you Charles wrongly mistook me for. I’m here to tell you today that the little girl you took advantage of years ago, you gravely underestimated. I am a survivor and stronger for it. That doesn’t mean I haven’t struggled and suffered because of what you did to me. But I survived those treacherous moments and I will continue to be a survivor. I choose to not let you win.”

11/28/2023

VICTIM GOES THROUGH A DARK PERIOD FOLLOWING AN ATTEMPTED ROBBERY AND BIAS CRIME, BUT HOPES THE CONVICTED MAN MAKES THE MOST OF HIS LAST CHANCE

On November 27, 2023, 26-year-old Douglas Quintanilla pleaded guilty to Attempted Robbery and Bias Crime in the First Degree. The guilty pleas resulted from an incident that took place on October 7, 2023. On that date, Quintanilla entered the Safeway on 3380 Lancaster Dr NE in Salem. Quintanilla grabbed various items for sale by Safeway, then left the store without having paid for these items. The victim, James Murphy (Murphy), is a loss prevention officer for Safeway. Murphy is transgender and prefers the term male to female transitional. Murphy tried to stop Quintanilla when it became apparent that Quintanilla had no intention of paying for the items. When Murphy stopped Quintanilla by the exit doors and grabbed the bag where Quintanilla had placed the stolen items, Quintanilla then pulled on the bag to get it away from Murphy. Quintanilla then threatened to stab Murphy and reached into his pocket as if he had a knife. Thinking that he was about to get stabbed, Murphy let go of Quintanilla’s bag. It was at this time that Quintanilla called Murphy a slur which is highly offensive toward the LGBTQ+ community. This slur was said multiple times, directly to Murphy’s face, and with great indignation. Police were promptly called and arrested Quintanilla who was a short distance away from Safeway.

While pleading guilty to Attempted Robbery 2 and Bias Crime 1 on 23CR49233, Quintanilla also pleaded guilty to two additional misdemeanor thefts (from the Target on Lancaster) and a probation violation on another case. Defense attorney David Kuhns had arranged for Quintanilla to enter inpatient drug treatment at City Team in Portland. Marion County Circuit Court Judge, Daniel J. Wren required that successful completion of drug treatment is an expressed requirement of Quintanilla’s probation. During his 3 years of supervised probation, Quintanilla is to have no contact with Murphy, no physical presence at Safeway or Target, and to obey all laws. Should Quintanilla violate the terms of his probation and his probation be revoked, he faces 21 to 24 months in prison.

In a unique conclusion to this matter, Quintanilla wrote an apology letter to Murphy, who was present at Quintanilla’s sentencing. Murphy also had the opportunity to speak directly to the victim, but also to Judge Wren. For Murphy, this was about more than being the victim of an attempted robbery. Due to the hateful names Murphy was called, Murphy not only lost interest in his job, but he lost interest in living for a couple of weeks. Despite going through this dark period, Murphy stated he wished that this was truly a turning point for Quintanilla and that Quintanilla make the most of this last chance he was given.

The Marion County District Attorney’s Office would like to thank the Salem Police Department in its prompt and thorough investigation into this matter. But most of all, the District Attorney’s Office would like to thank Murphy for his participation in yesterday’s sentencing, re-enforcing the District Attorney’s commitment that Bias type crimes will not be tolerated in Marion County.

11/22/2023

https://www.statesmanjournal.com/story/news/crime/2023/11/21/marion-county-district-attorney-revoke-commutations-made-by-former-gov-brown-gov-tina-kotek/71673550007/

The county attorney's office highlighted convicted felon Thomas Healy, who has been charged with murder since he was released.

11/22/2023

MARION COUNTY DISTRICT ATTORNEY ASKS GOVERNOR KOTEK FOR REVOCATION OF COMMUTATIONS RECEIVED BY 57 INDIVIDUALS CONVICTED IN MARION COUNTY

In an effort to ensure community safety, Governor Tina Kotek formally asked Oregon’s District Attorneys, along with Community Corrections Directors, for their assistance in determining if individuals convicted within their jurisdiction should have their commutations revoked. The governor has the power to grant a lesser sentence than was imposed by a judge to any individual who has committed a crime. Governor Brown used this power in historic numbers to reduce hundreds of sentences resulting in the otherwise premature release of those individuals from prison. As the current Governor of Oregon, Tina Kotek has the authority and discretion to revoke a commutation that was previously granted by Governor Brown.

In response to the Governor’s request, Marion County District Attorney Paige Clarkson examined 138 individual defendants who had been prosecuted by the Marion County District Attorney’s office, sentenced by a Marion County Judge, and then subsequently had their sentences commuted by Governor Brown. The analysis focused on any criminal involvement subsequent to receiving a commutation. As a result, District Attorney Clarkson has formally asked Governor Kotek to authorize the revocation of commutations received by 57 convicted individuals from Marion County.

In an effort to ensure that the requests for revocation were fair and just, District Attorney Clarkson’s staff exerted considerable time, effort, and resources to assess each commutation recipient on a case-by-case basis. In summary, District Attorney Clarkson’s analysis found, as follows:

1. 11 of the 138 persons with Marion County commutations have victimized others by committing various person felonies and/or misdemeanors.

2. An additional 28 are currently wanted for crimes and violations or have already been convicted of a non-person crime since their grant of commutation and release from prison.

3. Two are currently serving prison sentences for felonies committed after their release but do not appear to have had their clemency revoked.

4. One is currently awaiting trial for Murder in the Second Degree with a firearm committed within only one year of Governor Brown’s release.

District Attorney Clarkson thanks Governor Kotek for her shared desire in keeping Oregon a safe place to live. For Clarkson, “Public safety should be a priority for every leader in our state. We must remain committed to a process of justice that keeps that goal at the forefront. Our review of these commutations is evidence that prior decisions lost sight of that. With this request to our Governor, we ask that previous missteps be remedied.”

In her letter to Oregon’s District Attorneys and Community Corrections Directors, Governor Kotek stated, “If I believe someone is violating their conditions of release or supervision and revocation is warranted, I will not hesitate to use my authority and discretion as Governor to revoke their commutation.” The Marion County District Attorney’s Office has submitted its formal revocation requests along with detailed supporting documentation to the Governor’s Office. Governor Kotek’s office has responded that they will review these requests.

11/20/2023

FORMER ADDICT CELEBRATES MORE THAN A DECADE SOBER BY HELPING OTHERS THROUGH MARION COUNTY LEADS PROGRAM

Hank Crapser grew up in an abusive environment, surrounded by drugs and alcohol. He spent about 30 years of his life struggling with addiction and nearly 15 years in and out of prison.

In 2012, Crapser didn't want to be alive anymore, but then he found out he was going to be a dad. In that moment, everything changed.

On Jan. 15, he'll celebrate 11 years clean and sober.

"I absolutely would not be here today if it wasn't for my son, and that guy saved my life," Crapser said.

Now Crapser works as a navigator for the Marion County Law Enforcement Assisted Diversion (LEAD) program, which helps individuals charged with low-level, drug-related crimes receive access to community-based programs, such as addiction treatment and housing services, rather than go to jail.

He hands out his business card with pride, excited to speak about the work he does. He feels obligated to help those in need, as so many tried to do for him for so long, he said.

The walls inside Crapser's house are covered in pictures of him and his son, Henry, now 10 years old. One picture shows Crapser holding Henry as a baby, and a recent photo hangs on the wall with Henry in a Seahawks jersey, arms around his dad.

The house is filled with plants in the living room, and two friendly faces greet you as you come in: their dog, Jasper, and cat, Kelso.

Crapser says if you would have told him 20 years ago that he would own a house and have a government job, he would have thought you were crazy.

"I've been shot, I've been stabbed, I've overdosed on drugs several times, and I'm still here," he said. "And I believe that I'm here today because I'm supposed to be doing what I'm doing."

Crapser promised his first parole officer, Joe Parker, who has since died, that he would use his story to help others.

One of Crapser's favorite quotes is "if we are fortunate enough to make it out of hell, it is our responsibility to send the elevator back down," and this idea is what motivates him to do the work he does with the Marion County Sherriff's Office.

Crapser entered the human services program at Chemeketa Community College and got a counseling license. He then began interning with Marion County Circuit Court Family Drug Court and Fostering Attachment Treatment Court.

He said being in the same room with parole officers, district attorneys, judges, counselors, social workers and all the people who tried to help him before was surreal.

"I just saw a completely different side of the folks that I had some bias toward over the years because since I could remember, I was an outlaw," Crapser said.

He said he finally saw these people as compassionate, as they would get emotional when people were struggling or celebrating victories.

Crapser’s work as an intern led him to the LEAD program, where he is on-call 24 hours with nine different law enforcement agencies who can call him for help with nonviolent offenders.

He goes out and provides them with resources, mentoring and general support to help them get back on their feet, he said.

"I think there's an authenticity that comes from somebody that's been where they are, and I think that's the thing that makes it work," Crapser said.

Crapser has been working with LEAD for five years, and he stays in touch with many of the people who enter the program. He has been able to see some clients through years of recovery to getting "their lives back" again.

Crapser became a single dad in 2013. With no strong parental figures in his past or any experience being a parent, being a dad is the thing he is most proud of, he said.

When he found out he was going to be a father, Crapser put himself in addiction treatment, found sober housing and began taking parenting classes.

He said Marion County believed in him and gave him a second chance, providing him access to all the resources he needed to start a sober lifestyle.

"I was determined to break the cycle. That was my mission," Crapser said. "I wanted to make sure that he had a completely different life than mine."

Crapser kept a folder of receipts, certificates and other documents, such as graduation from drug treatment and parenting class, building a case to Oregon Department of Human Services in hopes of gaining custody of his soon-to-be-born son.

He knew on paper that his criminal history did not fare well for him, but he was determined to be the father he knew his son deserved.

When Henry was born, he got to go to the hospital and take him home.

Becoming a parent was a huge learning curve, he said.

"It was just me and him," Crapser said.

Henry is now in fifth grade and is involved in lots of activities and sports, including jiu jitsu, boxing and football. He loves video games, especially Madden, and sometimes plays with his dad.

Henry and his dad get pretty competitive, Crapser said.

"I like that he's my friend," Henry said when talking about his dad.

ARTICLE BY: STATESMAN JOURNAL writer, Sydney Wyatt. Wyatt covers healthcare inequities in the Mid-Willamette Valley for the Statesman Journal. Send comments, questions, and tips to her [email protected], (503) 399-6613, or on Twitter@sydney_elise44

11/20/2023

IS DECRIMINALIZATION UNDER MEASURE 110 WORKING?

Oregon continues to struggle with a massive addiction and overdose crisis that ballooned following the decriminalization of personal possession of fentanyl and other lethal drugs under Ballot Measure 110. With public opinion souring on decriminalization amid the rise of open-air drug use, drug-fueled crime and soaring overdoses, Measure 110 supporters are now shifting blame for the measure’s policy failures to, ironically, law enforcement. The absurdity of this tactic should be obvious to Oregonians who remember that Measure 110 rhetoric was (and still is) to divorce law enforcement and prosecution from drug use – even if the justice system response is to steer individuals to treatment. As a result, it has also divorced our system of accountability from the personal and community harm caused by those who are severely addicted.

The measure, adopted in 2020, replaced prosecution for drug possession with a citation program. The idea was that police officers would give users a ticket – similar to a traffic violation ­­– and users could avoid the accompanying fine by calling a number to undergo screening with possible referral for treatment. The measure also directed a portion of cannabis tax revenue to fund additional treatment services.

But while the measure has dedicated hundreds of millions of dollars to treatment-based programs, other elements of the program have woefully underperformed. Of the 6,271 citations for possession of drugs written since Measure 110 took effect in February 2021, only 50 people have gone through the steps to ask for help and complete a substance use assessment, according to the Oregon Judicial Department, which tracks these cases. These abysmal numbers demonstrate a lack of accountability for the damage caused by unchecked addiction. And Oregonians are rightfully frustrated at the human cost on full display across our state.

In response to the public’s concern, legislators are considering possible changes to Measure 110. Former lawmaker Max Williams is also leading a coalition to push the Legislature to fix Measure 110 or to champion a ballot initiative for November 2024.

Measure 110 advocates, however, are pushing back. Instead of considering substantive changes like making possession and use of lethal drugs a crime again and mandating treatment as an alternative to jail, they point a finger at law enforcement to fix the problems Measure 110 made worse. They claim more time is needed to allow portions of Measure 110 like ticket writing and the hotline to work, have called on police to write more citations and have suggested police do more to connect people with Measure 110 outreach workers. Some also are advocating that police should just confiscate the drugs from users on the street to change the tide of addiction.

These simplistic deflections have nothing to do with the real reasons Measure 110 is failing and are only scapegoating law enforcement. They also reveal the alternative policy priorities for Measure 110 defenders - keep lethal street drugs decriminalized, avoid personal accountability, and circumvent any effort to mandate drug treatment, such as in exchange for dismissing criminal charges.

The paltry number of people who have completed the screening after receiving a citation shows that simply ramping up the number of tickets isn’t effective in changing behavior. Anyone on the front lines helping those in crisis will tell you that handing a ticket to someone with severe addiction will do nothing to encourage treatment, when they know there is no penalty for skipping court and not paying the fine.

And without arresting authority, police officers are often constitutionally impotent to simply confiscate drugs. The Fourth Amendment guarantees freedom from unreasonable searches and seizure. Considering that possession is no longer a crime, officers’ ability and authority to take drugs away or require someone to do something is significantly erased. So, telling police to seize more from addicts fails as a matter of law, logic and evidence. This impossible expectation creates a precarious situation for our law enforcement officers on the street while simultaneously encouraging the very interactions that the Measure 110 drafters claimed to be intentionally avoiding. Politely asking for one’s drugs has never been and will never be an effective tool to fight drug addiction and the dealers that fuel it. Simply seizing a few dollars’ worth of inexpensive drugs in a flooded market won’t stop an addict from buying more.

Unless possession of these dangerous drugs is re-established as a misdemeanor crime, no reasonable law enforcement agency will risk constitutional violations, potentially dangerous use of force interactions and the costly civil rights litigation that follows to direct officers to engage with users simply to confiscate drugs. Knowing that zero consequences and little accountability exist for refusing to surrender their stash, most will merely refuse.

We can deliver on the promise of Measure 110 and preserve the dedicated funding for expanded drug addiction services. But our legislature needs to act now to make positive change by rejecting the naïve solutions meant to obfuscate Measure 110′s greatest flaw: removing law enforcement’s role in seeking accountability for Oregonians while incentivizing life-saving drug treatment and healthy recovery.

Written by:
Paige Clarkson and Matthew Phillips
Clarkson is Marion County district attorney. Phillips is Clatsop County sheriff.