Document text
By Melissa McRobbie Grants Pass Daily Courier October 31. 2014 1:01PM First GP police fatal shooting justified, DA says The Josephine County District Attorney's Office has found that Grants Pass police were justified in fatally shooting 29-year-old Daniel Diaz during an armed standoff on Northwest Blossom Drive in September. Diaz was hit in the right side of the chest by a bullet fired by Officer Max Anuschat after Anuschat saw Diaz point a handgun at him, District Attorney Stephen Campbell said in a news release issued Thursday. Officers Scott Williams and Jeff Craven also fired their weapons during the incident, Campbell said. The standoff was marked by bizarre behavior on the part of the armed and agitated Diaz, who fired multiple rounds from his handgun that night, and at one point donned seven or eight layers of clothing that ended up stopping one of the police bullets fired at him, according to the news release. It was the first fatal shooting involving Grants Pass police in the city's history. Officers responded to the neighborhood about 9:30 p.m. on Sept. 21 after the wife of Diaz's cousin, Jesus Diaz, who lives at 171 N.W. Blossom Drive, reported that Daniel Diaz was at their house and threatening to shoot them for "planting computer chips in his head," according to the District Attorney's Office. She said Diaz had fired a shot into the air from his handgun.  Daniel Diaz was already barred by a court order from contacting his cousin because of an Aug. 13 incident in which he wielded a baseball bat and made similar threats to the cousin and his family. Diaz was facing two menacing charges for that incident. As officers responded to the scene, the cousin, his wife and their children took refuge in a back bedroom, Campbell said. Meanwhile, Daniel Diaz returned to his home across the street, at 144 N.W. Blossom Drive. The SWAT team was called in, and negotiators communicated with Diaz through a front window screen and over the phone. He told them he had a gun and refused to come out. Diaz could be seen inside the home, pacing, gesturing, yelling and cursing the police, according to the DA's office. At some point, Diaz changed or added clothing. At 11:11 p.m., Diaz allegedly fired a shot from a .45-caliber semiautomatic pistol inside the house. About 15 minutes later, he stepped onto a side patio, racked his gun, pointed it at his neighbor's occupied house and fired, Campbell said. Fearing for the neighbors' safety, Craven and Williams fired their AR-15 rifles at Diaz. It was later determined that a round hit Diaz's neck area, went through as many as eight layers of clothing and "lodged in the clothing near Diaz's neck," according to the press release. The bullet did not penetrate his skin. Diaz went back inside, and the standoff continued until 11:35 p.m. when Diaz pointed his handgun at Anuschat, who fired his AR-15 rifle, hitting Diaz and fatally wounding him. The injured Diaz retreated to a back bedroom, but his status was unclear to the officers outside, and for about three hours, the SWAT team used tear gas to try to get Diaz to surrender, Campbell said. The SWAT team finally entered the home at 2:33 a.m. on Sept. 22, and found Diaz dead in the bedroom, with his handgun nearby. An extra .45-caliber magazine containing six live rounds was found in his back pocket, and additional rounds were found in his front pocket and elsewhere in the home, according to the DA's office  A search warrant was served shortly after 6:30 a.m. on Diaz's residence. The search turned up eight shell casings, which were found in the street; behind a fence, in a carport and in a back bedroom at 144 N.W. Blossom Drive; and in the yard of 171 N.W. Blossom Drive, according to court documents. The documents also stated that a bullet fragment was removed from a refrigerator at Diaz's home, and a "rinse bag" containing methamphetamine residue was seized from inside a dresser drawer in the back bedroom. The search warrant affidavit, written by Detective Archie Lidey, states that Lidey briefly interviewed Diaz's cousin Jesus while the standoff was underway. Jesus told Lidey that he had spotted his cousin at his window earlier that night, and asked him what he was doing there and told him to leave. Diaz then allegedly pulled out a handgun and pointed it at Jesus, Lidey wrote in the affidavit. Lidey's interview with Jesus ended there because it was interrupted by gunfire coming from Diaz's home. The shooting was investigated by the Josephine County Major Crime Response Team, an interagency team that consists of personnel from Oregon State Police, Grants Pass police and the Josephine County Sheriff's Office. Campbell reviewed the evidence collected by the team before reaching his conclusion. "During this incident all three officers were justified in using deadly physical force under the circumstances they encountered," Campbell said. "No further action in this matter is anticipated or merited." The officers involved in the shooting were placed on paid administrative leave but have since returned to full-time duty. Reach reporter Melissa McRobbie at 541-474-3806 or [email protected]. http://www.mailtribune.com/article/20141031/NEWS/141039931 © 2015 Copyright © 1995-2011 Crain Communications Inc. All Rights Reserved. Terms of Use Privacy Statement -->