When a man allegedly high on meth drove toward a Deschutes County sheriff’s deputy and a recruit who happened to be there for a ride-along, the deputy pulled the trigger.
Brandon Berrett was wounded by two bullets, and the shooting raised flags about officer training and tactical preparedness.
“Deputy [Chris] Jones was legally justified in shooting Brandon Berrett, but the decisions that led up to the shooting were concerning,” said Deschutes County District Attorney John Hummel at a Friday press conference.
Hummel pointed to a few eyebrow-raising facts. Berrett has a history of running from the cops, the three deputies who went to arrest him didn’t have a tactical plan, and two unarmed corrections officers in training should not have been standing around at a scene Hummel described as “a tactical nightmare.”
The place is known as the Funny Farm — a Central Oregon roadside attraction with a Wizard Of Oz museum and an RV park, where Berrett’s father reportedly lives. On Oct. 12, it was just one stop on a ride-along for recruits training to work in the jail, who were spending time with three sheriff’s deputies.
Deschutes County District Attorney John Hummel presents the findings of an OSP investigation at the Deschutes County District Attorney's Office on Dec. 7, 2018.
Emily Cureton / OPB
Hummel said the decision to team up and go arrest Berrett introduced an unnecessary degree of danger to the ride-alongs. The DA said it put the deputies, the recruits and the public at risk. He added that having unarmed recruits in civilian clothing outside of the patrol cars contributed to Jones’ decision to use lethal force.
Hummel’s description of events came from an investigation led by Oregon State Police. There is no audio or video recording of the incident. The Deschutes County Sheriff’s Department does not use body cameras, and no vehicle dashboard cameras captured footage.
Hummel said investigators don't know how fast the car was traveling when it came within inches of the deputy, whose bullets entered through the driver’s side window.
Sheriff’s office detectives are still internally reviewing what happened. In a statement at the press conference Deschutes County Sheriff Shane Nelson said “the simple way to avoid all of this is to comply with law enforcement commands.”
“I think it’s important to remember there was one individual responsible for putting the reactions into play this day and that was Mr. Berrett himself. If you are going to run from law enforcement and not be accountable for your actions, and you’re going to drive a motor vehicle toward somebody, you can expect that someone would fear for their safety,” Nelson said.
Deschutes County Sheriff Shane Nelson speaks at a press conference Dec. 7, 2018.
Emily Cureton / OPB
Oregon law prohibits officers from using lethal force on a suspect solely for fleeing arrest. When pressed about how the department is handling the DA’s concerns, Nelson said they'll learn from the incident.
“I’m disappointed that it appears basic law enforcement principles were not communicated or at least discussed, or followed," Nelson said. "And so, part of that administrative review process is to take a look at those actions and determine what we can do to do better.”
Jones remained on paid leave as of Dec. 7. Two other deputies involved are back at work. Berrett has been indicted on felony charges, including escape, reckless driving and driving under the influence.