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Grand jury clears officer in shooting By SARAH LEMON No criminal charges will be filed against sheriff's Lt. Jim Anderson for firing a shot at a Medford man this month. A Jackson County grand jury decided after deliberating for five minutes that Anderson's actions were justified and not criminal under Oregon law, said District Attorney Mark Huddleston. Anderson, commander JACNET, the county's interagency narcotics enforcement team, thought that he was under attack when he fired one round from his police handgun at 24-year-old Jorge Armando Cisneros. Cisneros threw a box of Chinese food into Anderson's unmarked police vehicle at the corner of Stewart and Columbus avenues at around 5 p.m. on April 2. Anderson told jurors that he thought Cisneros knew he was a police officer. "Basically this is a guy who was just trying to get home," Huddleston said. Because Anderson hadn't reached his residence yet, he was still on duty, police said. The grand jury did vote to return criminal charges against Cisneros and 24-year-old Jose Pepe Banuelos, who was driving a pickup that approached Anderson's red Dodge Durango. Cisneros was charged with harassment and second-degree criminal mischief for damage to the vehicle when the Chinese food hit the interior. Banuelos was charged with reckless driving and possession of methamphetamine. There was no evidence that Banuelos was driving under the influence of methamphetamine, Huddleston said. Banuelos was driving on the right side of Anderson's Durango where Columbus narrows to one lane north of Stewart, according to testimony. Banuelos appeared to be trying to pass. He and the other two men in the pickup appeared to be yelling at Anderson and "flipped him off," Huddleston said. Anderson told jurors that he then flipped them off. The pickup fell behind Anderson's vehicle, and Banuelos tailgated Anderson and drove recklessly, according to testimony. When the two vehicles stopped at the intersection of Columbus and Stewart, Cisneros approached Anderson's vehicle on the passenger side and Banuelos strode to the driver side. The vehicle's windows were rolled down, and Anderson grabbed his police handgun from a fanny pack on the seat beside him. Anderson told jurors that he was concentrating on Banuelos when he saw Cisneros had a white or silver object in his hand. Anderson fired when Cisneros threw the object - a box of Chinese food - at Anderson. The bullet lodged in the side of a nearby house. No one was injured. Anderson told jurors that he was aiming his gun at Cisneros. Sheriff's department policy authorized Anderson to use deadly force in this case, said Sheriff Robert Kennedy. The jury was asked to consider returning charges against Anderson, including attempted murder, attempted first-degree assault, reckless endangering and pointing a firearm at another. Reckless endangering charges would have reflected the presence of any passers-by who could have been hit by the round, Huddleston said. Penalties for criminal charges are the same for police officers as for private citizens, Huddleston added. The grand jury heard testimony from sixteen witnesses, including Anderson, several Medford police detectives, a police trainer in the use of force, six citizens at the scene and Javier Banuelos, 20, who was in the pickup with Cisneros and Jose Banuelos. The district attorney said he didn't think any grand jury members were Hispanic. Kennedy said he hopes that the case doesn't affect his department's relationship with the county's Hispanic community. The department's internal investigation of the case should be completed next week, Kennedy said. The investigation's findings are not likely to conflict with those of the grand jury, Kennedy said. Anderson, placed on administrative leave for a week, will be on light duty until the investigation is concluded, Kennedy added. "I'm extremely pleased and ecstatic for Lt. Anderson," Kennedy said. "This is the outcome we had hoped for." Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected]. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.