It had been about a year since the Portland police killed somebody, and this fellow appears to have made the end of that streak a no-brainer. He reportedly brandished a fake gun at the PoPo. Some of those guys will kill you if you flash your wallet at them, and so that was the end of Brad Morgan, age 21, father of an eight-month-old son.
Suicide by cop, apparently.
Would more spending on mental health services in Portland have saved this deceased man's life? We'll never know. We have other priorities.
Comments (17)
COPS, are trained , so they say to unload thier weapons
At a citizen, if they feel threatened. Not the last time, the PDX cops unload thier 9mm at citizens .
Wait to offer mental health care for a year or two. Then with the publication of the new DSM V in 2013, a lot of illnesses and conditions won't exist anymore.
Then again, with the PoPo whatever they say should be taken with a Costco-sized bag of salt. If there's one thing their last few years' of shenanigans should teach us, it's that. It seems like we're already forgetting that simple truth.
Can someone just explain something to me. The law says that if someone breaks into my house and threatens me I am supposed to retreat and not shoot them (fat chance by the way). Now my home is my castle under ye old common law. But the PoPo not in the "safety of their own homes" but doing a job with known risks and dangers can shoot with impugnity. Our legal system is so effed.
The two restraining orders and very recent burglary conviction didn't appear to stop him from 'acting out.' Who knows, he may have been able to benefit from some mental health services if he actually did some real jail time.
LucsAvdo - you can legally defend yourself if your life is threatened who told you that you couldn't?
Ms. P: Oregon is a 'duty to retreat' state. That means if there is any opportunity to run or deescalate without using deadly force, you are required to take it... even if its in your own home. That also means you can't just shoot someone just because they have a gun in their hand.
March 29, 2007 Supreme Court Rules "No Duty To Retreat"
On March 29 2007, the Oregon Supreme Court ruled that Oregonians have no "duty to retreat" when faced with a violent confrontation.
This is certainly welcome news. It also means that several bills that would have accomplished the same thing may now be unnecessary. That is particularly good news, since in the current legislative climate, the chances of those bills moving ahead is virtually zero.
In their decision, State of Oregon v. Sandoval, the Supreme Court correctly notes that Oregon law contains no requirement to retreat from an attacker and that previous rulings to the contrary are not only incorrect, but obviously so,
The Court noted "On a purely textual level, ORS 161.219 contains no specific reference to "retreat", "escape," or "other means of avoiding" a deadly confrontation. Neither, in our view, does it contain any other wording that would suggest a duty of that kind."
It went on to describe a previous Supreme Court ruling this way: "The court's analysis did not focus on or even consider the words of the statutes that we now recognize to be pivotal." and "We conclude, in short, that the legislature's intent is clear on the face of ORS 161.219: The legislature did not intend to require a person to retreat before using deadly force to defend against the imminent use of deadly physical force by another."
The Supreme Court points out "Indeed, the entire analytical flow of the Charles opinion is distinctly odd: The court did not examine the wording of either ORS 161.209 or 161.219 at all... Instead, the court set out the wording that the Oregon Criminal Law Commission had proposed to the legislature regarding the use of deadly force as part of the final draft of the proposed 1971 Criminal Code, which wording explicitly imposed a duty of retreat to avoid the necessity of using deadly force. Then, after noting that the 1971 legislature had rejected that wording, the court cited a view expressed in the Oregon Criminal Law Commission's Commentary to the 1971 Code to the effect that "the statute probably was not necessary" because of existing Oregon case law.."
This is a great decision for those who are forced to defend themselves, but at the same time it is chilling that it was even needed. Oregon law, as we repeatedly remind the Port of Portland, is clear. We wonder how many innocent people have been sent to prison for acting lawfully.
This decision also points out how easy it is for judges to ignore the law and make a ruling that can destroy a person's life. OFF's experience in courts in Oregon has been similar if less personally traumatic.
This decision is an overdue recognition that the law is the law. It is regrettable that it was even necessary.
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (17)
COPS, are trained , so they say to unload thier weapons
At a citizen, if they feel threatened. Not the last time, the PDX cops unload thier 9mm at citizens .
Expect more unarmed citizens to follow this path.
Wait for it, the clock is ticking.
Posted by SHOOT FIRST | January 26, 2012 8:27 AM
High time for fake gun control.
Posted by Allan L. | January 26, 2012 8:38 AM
Any sarcastic or cynical thing that could be said about this city's effed-up priorities would only be an insult to the young man's family.
Another casualty in the war on its citizens.
Posted by Mr. Grumpy | January 26, 2012 8:44 AM
I'm not sure who among us would patiently negotiate with a man brandishing a weapon and refusing to follow police commands.
If you don't mind the Police running away from the gunman, I guess they could call in a mental health professional.
I'm not sure how many of them would put themselves in the line of fire, as in this example.
Clearly, a tragedy for everybody involved. That said, I don't blame the cops one bit.
Posted by Mister Tee | January 26, 2012 9:01 AM
Here in the mayor's office, we view it as one less guy using plastic bags. #teamadams
Posted by Mayor Sam | January 26, 2012 9:03 AM
Wait to offer mental health care for a year or two. Then with the publication of the new DSM V in 2013, a lot of illnesses and conditions won't exist anymore.
Posted by Nolo | January 26, 2012 10:12 AM
Then again, with the PoPo whatever they say should be taken with a Costco-sized bag of salt. If there's one thing their last few years' of shenanigans should teach us, it's that. It seems like we're already forgetting that simple truth.
Posted by observer | January 26, 2012 10:19 AM
That's why I used the word "reportedly."
Posted by Jack Bog | January 26, 2012 12:08 PM
Can someone just explain something to me. The law says that if someone breaks into my house and threatens me I am supposed to retreat and not shoot them (fat chance by the way). Now my home is my castle under ye old common law. But the PoPo not in the "safety of their own homes" but doing a job with known risks and dangers can shoot with impugnity. Our legal system is so effed.
Posted by LucsAdvo | January 26, 2012 12:19 PM
The two restraining orders and very recent burglary conviction didn't appear to stop him from 'acting out.' Who knows, he may have been able to benefit from some mental health services if he actually did some real jail time.
LucsAvdo - you can legally defend yourself if your life is threatened who told you that you couldn't?
Posted by ms peebody | January 26, 2012 1:11 PM
Ms. P: Oregon is a 'duty to retreat' state. That means if there is any opportunity to run or deescalate without using deadly force, you are required to take it... even if its in your own home. That also means you can't just shoot someone just because they have a gun in their hand.
Posted by Anthony | January 26, 2012 2:13 PM
Anthony
I don't think you have Oregon law quite right
Maybe you should refrain from legal advice here...
Posted by geneb | January 26, 2012 3:00 PM
'Duty to retreat' is news to me, too. It wasn't before. Did that change?
Posted by Mr. Grumpy | January 26, 2012 3:23 PM
March 29, 2007 Supreme Court Rules "No Duty To Retreat"
On March 29 2007, the Oregon Supreme Court ruled that Oregonians have no "duty to retreat" when faced with a violent confrontation.
This is certainly welcome news. It also means that several bills that would have accomplished the same thing may now be unnecessary. That is particularly good news, since in the current legislative climate, the chances of those bills moving ahead is virtually zero.
In their decision, State of Oregon v. Sandoval, the Supreme Court correctly notes that Oregon law contains no requirement to retreat from an attacker and that previous rulings to the contrary are not only incorrect, but obviously so,
The Court noted "On a purely textual level, ORS 161.219 contains no specific reference to "retreat", "escape," or "other means of avoiding" a deadly confrontation. Neither, in our view, does it contain any other wording that would suggest a duty of that kind."
It went on to describe a previous Supreme Court ruling this way: "The court's analysis did not focus on or even consider the words of the statutes that we now recognize to be pivotal." and "We conclude, in short, that the legislature's intent is clear on the face of ORS 161.219: The legislature did not intend to require a person to retreat before using deadly force to defend against the imminent use of deadly physical force by another."
The Supreme Court points out "Indeed, the entire analytical flow of the Charles opinion is distinctly odd: The court did not examine the wording of either ORS 161.209 or 161.219 at all... Instead, the court set out the wording that the Oregon Criminal Law Commission had proposed to the legislature regarding the use of deadly force as part of the final draft of the proposed 1971 Criminal Code, which wording explicitly imposed a duty of retreat to avoid the necessity of using deadly force. Then, after noting that the 1971 legislature had rejected that wording, the court cited a view expressed in the Oregon Criminal Law Commission's Commentary to the 1971 Code to the effect that "the statute probably was not necessary" because of existing Oregon case law.."
This is a great decision for those who are forced to defend themselves, but at the same time it is chilling that it was even needed. Oregon law, as we repeatedly remind the Port of Portland, is clear. We wonder how many innocent people have been sent to prison for acting lawfully.
This decision also points out how easy it is for judges to ignore the law and make a ruling that can destroy a person's life. OFF's experience in courts in Oregon has been similar if less personally traumatic.
This decision is an overdue recognition that the law is the law. It is regrettable that it was even necessary.
Posted by STROYD | January 26, 2012 3:42 PM
The decision leaves no wiggle room, bet I know a few lawyers that would love to go after them in civil court for any damages ....
They get away with ignoring the law if you fail to not have representation that is stupid.
Posted by STROYD | January 26, 2012 4:14 PM
It's a shame young Mr. Morgan dragged some unwilling police officers into his suicide plan.
Maybe what's needed is another LAW requiring toy guns to have an orange tip on the muzzle so they won't be confused with a REAL gun.
Oh...they already have that? You say his toy was repainted to appear more realistic?
Well can't we outlaw black paint then?
I'd like to know since Mr. Morgan was hit ONCE, how many other rounds were discharged and where did THOSE impact?
Posted by LTJD | January 26, 2012 4:21 PM
Here's where one wound up (Tonkon's managing partner's window).
http://imgur.com/QCWWn
Posted by Curtiss | January 28, 2012 4:01 PM