Document text
Wife of resident killed by GP police during manhunt plans lawsuit By Nick Morgan Updated: Nov 07, 2022 12:59 PM A A The wife of a man killed outside his southwest Grants Pass home in September — while police canvased the area for a still-unknown suspect — is in the early stages of planning to file a wrongful death lawsuit. Danielle Caldwell, wife of 46-year-old Mark Barrett Caldwell, intends to pursue a claim of wrongful death in the Sept. 19 shooting outside their home on Westholm Avenue, according to a Josephine County Circuit Court probate filing Wednesday and a phone interview with the family’s lawyer, Robert A. Miller of Eugene. “There will be a civil complaint alleging wrongdoing in causing the death of Mr. Caldwell,” Miller said, describing the Grants Pass Police Department and city of Grants Pass as likely defendants in the case. Grants Pass police officer Micaila K. Miguel shot 46-year-old Mark Caldwell during a search for a still-unknown suspect following reports of “suspicious activity” at nearby Westholm Park. Caldwell was rushed to Asante Rogue Regional Medical Center, where he was pronounced deceased Sept. 22, according to a news release that Oregon State Police issued Oct. 28. Oregon Department of Public Safety Standards and Training records show Grants Pass Police Department hired Miguel Aug. 20, 2018. Training requirements needed for certification as a basic police officer are set to expire Dec. 31 of this year, and her certification efforts toward becoming an intermediate police officer show her application was not completed after being placed on leave per police department protocol in September. OSP conducted an independent investigation and referred its findings to the Josephine County District Attorney’s Office. Miller said the DA’s office has since taken its findings to a grand jury. Miller said as far as he’s aware, there will be no criminal charges. “My client was told, and my co-counsel was advised, that the grand jury had concluded their investigation,” Miller said. “It’s my impression that no criminal charges were handed down by the grand jury.” A message left with the DA’s office Friday seeking to confirm Miller’s claim was not returned as of Monday. Miller said Friday his lawsuit had not yet been filed, and he hasn’t issued a tort claim notice officially notifying the city of intent to sue because they were waiting to see whether the DA’s office was going to hand down “any type of indictment against the officer who shot and killed Mr. Caldwell.” Miller and Danielle Caldwell haven’t had access to police reports, videos and recordings of statements in the criminal investigation as of Friday. Miller said he and his client will only be able to obtain those records once the criminal investigation into the officer is officially closed. Miller said they intend to include “local, state and federal claims” in the wrongful death suit, but he provided no specifics in this early stage of the civil case. Miller provided few new details about the shooting because his firm is in the process of interviewing “many witnesses” and compiling their findings into the complaint that will be the foundation of their lawsuit — likely to be filed in U.S. District Court in Medford. He said he’d like for his civil complaint, once filed, “to speak for itself.” “We want to do our due diligence, and we want to make sure the facts, as we believe them, are true,” Miller said. Reach web editor Nick Morgan at 541-776-4471 or [email protected]. Follow him on Twitter @MTwebeditor.