Mail Tribune News - Widow `blown away' by decision

Mail Tribune (Medford, OR — Wayback)

2000-05-24

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  Widow `blown away' by decision   Smith's family may sue over his death   By Jessica Smith   of the Mail Tribune   Family members of a man who was shot and killed by police say they're frustrated but not surprised by a grand jury's ruling that cleared officers of any wrongdoing.   The Jackson County grand jury Friday exonerated officers who shot Cole Younger Smith, 25, who authorities said repeatedly threatened to shoot police in a 90-minute standoff Dec. 28 outside the Oregon State Police headquarters in Central Point.   "I'm very disappointed in the grand jury's answer. I was totally blown away," said Smith's wife, Jennifer. "It's not OK how he died. I understand officers have to protect themselves, but you can't do that to someone."   Smith, who later was found to be unarmed, was shot between 21 and 23 times by officers, an autopsy report showed.   "It was presented by the district attorney and detectives as an open-and-shut case. And it isn't as open-and-shut as they make it out to be," said Tony Schrick, Smith's uncle.   Schrick said the family is considering filing a civil suit in the case.   Schrick and Jennifer Smith said information they received about the shooting changed over time, leading them to question whether the story was altered to justify the action taken by officers.   District Attorney Mark Huddleston said witness accounts, like those used in Smith's case, often contradict one another and can lead to conflicting reports.   "In a situation as large and dynamic as this one, you get a lot of different viewpoints or perspectives of what happened," Huddleston said.   Information released early on was based on preliminary police reports, Huddleston said. But the grand jury on Friday reviewed two volumes of complete reports and listened to 27 witnesses before ruling.   Officials Friday said Smith had made up his mind he would not leave the OSP parking lot alive and that officers who fired at him had no choice.   According to Huddleston, witnesses told the grand jury that Smith said police would have to shoot him to stop him from firing at officers. Smith also told police he was a good marksman, had an itchy trigger finger and could hit officers in the head with one shot, Huddleston said.   Police opened fire after a failed attempt to remove Smith from his pickup led him to ram two squad cars and get out of his truck, moving toward officers with a dark object in his right hand.   It was only after officers fired their weapons -- three used bullets, two used nonlethal bean bags -- that police learned Smith had no weapon. He was carrying a black razor case.   Family members have questioned the management of the incident, saying the shooting could have been prevented.   Smith apparently suffered from depression, and family members said he had attempted suicide four times in two years. He arrived in Central Point after leaving his wife and their two daughters in Philomath, a town west of Corvallis.   Authorities said Smith told officers he was taking medication because he heard voices. When police searched Smith's truck, they found only one pill in three prescription bottles.   Jennifer Smith said her husband likely would have fallen asleep if officers had waited him out.   Authorities have said they will begin an administrative review of their policies to develop strategies to prevent the tragedy from repeating.   "I'm glad to hear that. Unfortunately, it doesn't change anything. But it might help protect other people," Schrick said. Mail Tribune Copyright �  The Mail Tribune 2000, Medford, Oregon USA