I
Monday, September 8, 2008
"Crossing the Blue Line" by Michael J. Grundmeyer
This story begins on September 19, 2007 when Shane Grundmeyer was stopped by a Portland Police officer – an undercover officer who was in an unmarked vehicle without lights or siren, and wearing civilian attire. The officer approached Shane's vehicle and made several comments to Shane, which he did not understand or did not hear, and the officer began to strike Shane in the face with his flashlight; witnesses also verify this assault. Shane suffered scratches, bruises and a black eye. He wanted to stop being assaulted so he put the vehicle in reverse and waited for the officer to step back and then Shane sped off into the night; no officer pursued him. Needless to say, Shane was scared and injured and just wanted the beating to stop, so he departed the scene.
The officer wrote a report stating that Shane tried to run him down; this is where Shane “crossed the blue line.” The officer made no statement about assaulting Shane with his flashlight; this was completely overlooked, intentionally I am sure. Although no criminal charges were ever filed against Shane, it became well known throughout the department that Shane had tried to run down a cop. Unfortunately, the department did not know the whole story of this incident, and that the report this officer filed was bogus, untruthful and did not contain all the facts. So since it appeared to the department that Shane was a real bad guy, Shane was seen to have crossed the blue line, and he now had a bull’s-eye on his back.
A complaint was filed by the family with the Internal Police Review Committee within the Multnomah County District Attorney's Office. The families complaint was reviewed by the IPRC and forwarded to the Internal Affairs Division of the Portland Police Bureau by the IPRC for a complete investigation, which is currently underway.
On February 16, 2008 Shane's residence was under surveillance by an undercover sheriff's deputy from Washington County for most of the day. Shane's movements and activities were noted by this deputy throughout the day and evening. The deputy is also a Tactical Negotiations Team member. Their standard-issue firearms include the Colt M-4 carbine rifle with .223-caliber ammunition. Also, gathering several blocks from Shane's residence, at a local elementary school parking lot, was the rest of the Tactical Negotiations Team members, and members of the Portland Police Tactical Team as well.
It was noted in the investigation, that all these officers were assembling to serve a search warrant at Shane's residence. The warrant was signed by a judge on February 15, 2008 and was to be served on February 19, 2008 (today is February 16, 2008).
Shane was taking his daughter and her friend to dinner in Beaverton, when Shane thought he was being followed, so he pulled to the side of the road and let his daughter and her friend out of the vehicle and then drove away. There was no police chase, as the girls witnessed no such pursuit, either while in the vehicle or outside the vehicle. The girls were then harassed and threatened by a Police sergeant, who had stated, "Shoot to kill," while talking on his radio and within hearing range of Shane's daughter and her friend. The sergeant and another officer called the undercover deputy at Shane's residence via cell phone. It was noted that neither the sergeant or the officer could recall the name or call sign of the deputy who was doing surveillance at Shane's residence.
Shane pulled into his driveway at approximately 5:40 P.M. on SW Shady Peak Lane, when an unmarked police vehicle pulled in behind him. Shane drove about 75 feet on his wet dirt and gravel road, then turned into a circular driveway of a neighbor's house. Another unmarked police vehicle pulled in front of him and blocked him in; this vehicle was pre-staged and had been waiting in another neighbor’s driveway across from the shooting scene. Shane's vehicle was resting against a telephone pole guide wire on the passenger side, with a police vehicle in front and in the rear and another vehicle blocking the driver side. Shane had less than a foot of space between the vehicles, and his back tires were in the mud. Shane could go nowhere; he was caged, like an animal. Three shots rang out of the bushes into and through the windshield, striking Shane in the left lung. The other two officers, not knowing what was happening or who was shooting, started to open fire on the vehicle. Three shots were fired into the driver-side window and rear-door handle, several shots into the rear window and rear of the vehicle, and four shots to the rear tire. Witnesses stated they only heard gunfire, and then shouting after the shooting stopped, not before. Shane exited the vehicle holding his right hand against his chest and asked for help. He was told to lie down on the ground, which he did. Shane was pronounced dead at 7:04 P.M. on February 16, 2008 at OHSU hospital. He had bled to death from the three small-caliber gunshots to his left lung, according to the attending physicians, and witnessed by others. Shane was also shot in the left shoulder in the back, which fractured all the bone, disabling the entire left shoulder so that he would never have regained any use of the arm; the doctor noted that the pain associated with this type of wound was unimaginable. There were several other bullet fragment wounds to the upper torso area as well.
The officer in the bushes who actually killed Shane has never filed a report, nor was he ever mentioned in a report, except for mention of the Beaverton police officer calling him on his cell phone. This deputy is also a certified sharpshooter (a role known as Long Rifle) with the WCSO Tactical Team. In the old days they referred to this position as Sniper. The other two officers are also members of the Tactical Negotiations Team for WCSO, and one of them is the Lead Negotiator for the Tactical Team.
The Washington County Sheriff's Office, the Washington County Medical Examiner's Office and the Washington County District Attorney's Office have attempted to cover up and dispose of evidence associated with this shooting. The family had a second autopsy done by Dr. William J. Brady, ex-director for the State of Oregon's Medical Examiner's Office. The original autopsy report filed by Washington County is bogus and inaccurate, since they removed evidence and disposed of it as well, as noted by Dr. Brady. The doctor also has another bullet fragment that was removed by him during the second autopsy, while the original autopsy stated that all bullets and fragments were removed, with a followup x-ray to verify this. It was also noted that the autopsy performed by the WCME was very sloppy.
A formal complaint has been sent to the State of Oregon Attorney General, Department of Justice, asking that this entire incident be reviewed for possible wrongdoing by these agencies and individuals. I have been advised by the Attorney General’s office that this matter has been forwarded to the Oregon State Police Criminal Investigations Division for their consideration.
I should point out that the search warrant that was issued has been returned to the judge as un-served. The officers stated, after Shane's death, that, " what they were looking for was not there and besides it would not look good in the Oregonian newspaper if they had proceeded up to the residence and shot Shane's distraught brother, Cody Grundmeyer". It was noted by the WCSO and PPB Tactical teams that "they would not be serving the search warrant".
As of February 16, 2008 at 1800 hours, the only information in the Police Data Systems was a Failure to Appear charge from Multnomah County, from an incident occurring on September 11, 2007 and directly related to the September 19, 2007 incident. Shane’s assigned court date was October 16, 2007 at 10:00 A.M. When Shane failed to appear, a warrant for his arrest was issued by Multnomah County. Any and all other allegations did not appear in the data system until several days after the shooting.
When the two deputies who were reported to be involved in the shooting were interviewed by detectives, they were allowed to have their union representatives and personal attorneys present during that questioning. When will they be interviewing the third deputy – the one in the bushes across the road doing surveillance, the one who actually shot and killed Shane – you know, the one they are covering up for? If this officer is put into the picture, there would be no justification for this officer-involved shooting incident of February 16, 2008 in Aloha, Oregon, and some very serious charges would ensue.
The officers and others involved in this officer-involved shooting should be required to submit to a polygraph and placed under oath in a court of law, before they answer any questions, with a perjury warning issued to each person(s).
This story about Shane Grundmeyer and this incident is just now starting to unfold. This is only Part I, and more information will be forthcoming in the days ahead.
Has JUSTICE truly been served? Not yet, but we're working on it.
II
Wednesday, September 10, 2008
"Crossing the Blue Line" Part II by Michael J. Grundmeyer
In Part II of Shane's story we will be discussing the various reports, documentation and witness statements in this needless taking of a human life on February 16, 2008 in Aloha, Oregon, by Washington County Sheriff's deputies on SW Shady Peak Lane.
Shane M. Grundmeyer was a good man and a great dad to his daughter. Taken from us all at such a young age (38), Shane was not able to experience all that life has to offer. His daughter loved him dearly and will surely have a piece missing from her heart for the rest of her life, as will many others who really knew Shane. Sometimes in life we all make some bad decisions or make a wrong turn, even a mistake or two, but in time we usually get back on our feet and walk the straight and narrow; that is, if you are given the time. This young man was cut short in life by an over-zealous group of law enforcement officers, one of whom made a grave mistake and thus involved several others in a cover-up, with disinformation, false statements and some extremely creative report writing, to say the least.
I will begin with the Washington County Deputy District Attorney's Office response to the officer-involved shooting.
The DA's report was completed and distributed on April 11, 2008, some 55 days after the shooting incident.
The incident was cleared, as no evidence was found of criminal wrongdoing by deputies, and thus no need perceived for a Washington County grand jury review.
The basis for this decision was the alleged police pursuit in Beaverton, Oregon. Witnesses stated they observed no police vehicle behind them with any lights or siren being utilized. When the girls were dropped off, and the daughter's father drove away, they stated that he drove off in a normal manner. They then turned around and saw a police vehicle pull up alongside them and turn on its overhead lights. The officer then proceeded to threaten the two 14-year-old female witnesses. The alleged purpose for the stop, was that Shane Grundmeyer had made an improper left turn, failing to initiate his turn signal 100' before the turn. The officer stated that he initiated a traffic stop by activating his patrol lights. However, again the witnesses do not corroborate this event. In another report, it was noted by this officer that he recognized Shane Grundmeyer from a departmental "Wanted" bulletin as he drove past him – a little hard to do when Shane's vehicle had dark tinted windows; so I presume the traffic-stop scenario sounded better.
The DA report also states that when Shane pulled onto Shady Peak Lane, the officer activated his overhead lights to signal Mr. Grundmeyer to stop. The only problem with this scenario is that both officers stated they were operating unmarked patrol vehicles, and these are not equipped with overhead lights.
The DA's report also alleges that a felony warrant exists for the arrest of Shane Grundmeyer for Identity Theft, Attempted Theft, Computer Crime, and PCS or Failure to Appear on these charges (FTA). All of these are known as trump charges; all would have been dismissed in a plea bargain, and Shane would have pled guilty to Attempted Theft, and received a sentence of less that 60 days. Shane had intended to appear in court, except after that flashlight incident with a Portland Police undercover officer on September 19, 2007, Shane felt he would not get a fair chance at his defense. One must remember, Shane only attempted the theft, he never was able to complete the theft, so there was no actual identity theft, only an attempted theft.
It is also noted that Shane Grundmeyer was reported to be armed and was reported to have made statements that he would elude/escape if encountered by law enforcement. Seriously – give me a break – the information they were relying upon came from a third-party statement from an on-again, off-again girlfriend, who made a statement to an officer who responded to a domestic disturbance call at the residence a month or so earlier. The girlfriend had since recanted the statement several times, weeks before the shooting incident. Besides, this lady is known to have severe mental problems, and was known to local police officials via many contacts in the past. This lady engaged in a suicide pact with her brother, who jumped to his death off the Glenn Jackson bridge a few years back, and she attempted an overdose on the same day; except she survived. Her suicide attempt was noted by the Washington County Sheriff's Office, and it is part of her record. I was present at the residence that afternoon and witnessed this event. The information this lady provided should have been seriously suspect. Any other law enforcement agency would have reviewed the informant's past, as to reliability and motivation of the information provided. Shane Grundmeyer never owned a gun, and he wouldn't have known how to use it if he did. I inventoried his entire household after his death, along with another person who is a retired deputy, and we found no such weapon(s) or ammunition of any sort. If the Sheriff's Office had served their search warrant when they were supposed to, I guess they would have come to the same conclusion, no gun(s). But then again, if they came up empty-handed, I suppose it would have put a damper on their assumptions and any attempts at justification for their actions.
It was reported that Shane Grundmeyer was using/dealing methamphetamine and engaging in fraud-related crimes. Upon inventorying Shane's residence, we found no evidence of any nature that would indicate any fraud-related crimes; nor did we find any drug-related items. I guess the Sheriff's Office was indeed correct in their statement that what they "were looking for was not there." Again, if they had all this information of crime(s) at this residence, no doubt others were also involved; so what about the informant, not to mention suspected evidence? The alleged search warrant was some 23 pages long, so to just dismiss the serving of that search warrant indicates either ignorance or that it was fabricated just to make them look good; or, is it an attempt to justify their actions on February 16, 2008 on Shady Peak Lane?
The DA's report further states that Shane Grundmeyer was known to live on nine acres of wooded property at 17980 SW Shady Peak Lane in a home equipped with surveillance cameras and driveway sensors which monitored and signaled approaching persons/vehicles.
This is correct, as the home was protected by a Brinks Home Security, Medical, Fire and Police alarm system. The only problem is that the surveillance cameras did not work and had not worked since the previous owner moved out. The owner had the system installed some years back along with the driveway sensor, and this sensor was operational. There is a Brinks Home Security Warning sign as you approach the driveway. Most of the homes in the area also have these systems, protecting their homes, property and no doubt their lives. I guess the whole neighborhood, by the DA's assumption, must have something to hide or are engaged in criminal activity. I'll just bet they have dogs too, really big dogs protecting their families and property as well, so there must be some crime in there somewhere. It is amazing, sometimes, how someone can take an otherwise innocent situation and turn it into a full-blown criminal act or an alleged/assumed criminal act. I presume that if someone needed some sort of justification, again this sort of "evidence" could be applied in this situation.
The DA also noted that an officer's statement of a previous contact at Shane's residence included the personal observation of night-vision equipment and ammunition associated with assault-style weapons. You've got to be kidding! This had to come right out of a TV cop show somewhere. Again, if you need justification for an action, what do you do but bend the truth – or in this particular case, really bend the truth. As I have stated, no such night-vision equipment existed, nor were any weapons or ammunition observed or inventoried at the residence. It just so happens that this statement came from one of the officers involved in shooting Shane.
There is a statement within the DA's report that really stands out as total nonsense; it is a total fabrication and the witnesses' statements verify this. "The officers successfully blocked the BMW in the circular driveway with their patrol vehicles, Shane Grundmeyer then used his BMW to ram both patrol vehicles, both officers exited their vehicles and repeatedly shouted, 'Shane, stop the car! Shane, get out of the car! Shane you are under arrest!' These pleas were ignored, and Shane Grundmeyer continued to use his BMW to avoid apprehension." Just exactly how was Shane avoiding apprehension, since he was already apprehended, and the vehicle could go nowhere "and "an officer was standing directly in the path of the BMW and made eye contact with Shane Grundmeyer and repeated his commands to stop. Mr. Grundmeyer responded with an obscene gesture." This sounds like just another attempt at additional justification, or maybe officer road rage.
First of all, in light of the statement, "successfully blocked with their patrol vehicles," how exactly was he ramming the patrol vehicles, which are also equipped with push bumpers, when Shane's rear tires were in the mud and there was less than 12" distance between the vehicles? And how exactly was an officer "standing directly in the path of the BMW" if Shane was "successfully blocked in" with less than 12" distance between vehicles? If one reviews the diagram of the scene, it couldn't happen that way. Where is the imminent threat of life or death? The vehicle is blocked in, the officers are out of their vehicles, and the BMW could go nowhere. Oh yeah, I almost forgot, "Shane made an obscene gesture" towards an officer. Just where is the justification for the use of deadly physical force, or to shoot someone? Where does it say you are authorized the use of deadly force, when you've trapped someone in a vehicle and he flips you off. How ridiculous and unprofessional that sounds when you really look at this incident and their attempts to justify this shooting.
All the witnesses at the scene do not corroborate the officers' version of events, or the statements made by these officers. The statements made to the investigating detectives by the witnesses indicate a different version or sequence of events, shots fired first and then shouting, and another volley of gunfire, then more shouting, then a calm of action. It sure sounds as if Shane Grundmeyer never stood a chance against these officers. It makes one wonder, as it almost seems that Shane was set up to be shot and killed. The situation gives a lot of credence to the old saying, "Dead men tell no tales."
One of the officers had a seventeen-year-old ride-along seated in the passenger seat of his patrol vehicle, who was also vulnerable and in danger, as the DA stated in his report. However, the WCSO Public Information Officer stated that the ride-along was also out of the patrol vehicle, as were the officers, so we have a situation wherein no one was in any vehicle except Shane Grundmeyer. Everyone was out of any immediate danger or any threat thereof, so again, just where is the life-or-death threat? I certainly don't see any such danger or threat of immediate injury, based on their own statements of the incident/situation. I have discussed this incident with many retired deputies, officers and current law enforcement officers, based on the information and sequence of events the shooting-involved officers provided to detectives. The opinion of those I spoke to is that they "would not have used deadly physical force in this instance, or fired their weapons into this vehicle"; instead they would have got Shane out of that vehicle.
The ride-along teenager, a female, made a statement to detectives that she never felt her life was in danger or that she would be hurt in any way. In fact she stated she was more concerned about the driver of the BMW, that he would be hurt or shot.
If the officer had brought this ride-along into a situation where they suspected an armed and dangerous person was to be intercepted and possible injuries may be involved to any party, why was this teenager put into harm's way? Was it again for a kind of justification, or was this officer's ego too big for his own good? There are numerous questions to be answered in this situation, and this particular officer's judgement should be in serious question. Has the John Wayne syndrome affected his professional judgement, or did they know Shane was not armed and would pose no physical threat? This would be my conclusion.
It is noted that an officer fired 4 or 5 rounds into the rear tire of Shane's BMW, in an attempt to disable the vehicle. Surely you jest. The tires were in the mud, after all. And the contention was that Shane was continuing to use the BMW as a weapon against the officers and the ride-along, so both officers fired at Shane. Where exactly is any sort of threat to anyone's life or threat of injury against anyone, even if any of this is true? What does make sense to me is that these officers are nothing more than a couple of pure cowards. What part of "successfully blocked by their patrol vehicles" is hard to understand? The progressive action taken by these officers should have ceased, no shots should have been fired, and they should have waited for any cover units to arrive. By their own statements, there were at least 6 units in the immediate area, one within a block, and others within a 1-2 minute response time, not to mention all the tactical officers right around the corner at the elementary school. These officers shot and killed an unarmed young man, without justification.
During all this commotion – the shouting, the gunfire, the lights, etc. – where was the undercover deputy who was on property doing surveillance? The Beaverton PD officer had just talked with him on his cell phone, moments before. This officer is the third shooter. Am I aware of this officer's name? Yes.
It is interesting to note that having received a copy of all the police reports, documentation and statements via the Freedom of Information Act from Washington County Records, I am left wondering where exactly is this officer's report? Were his weapons confiscated and ammunition inventoried? What duty weapons did this officer have in his possession? Were the weapons turned over to the Oregon State Police Crime Lab for review and investigation? The other involved officers' weapons were sent to the lab; why not his? Was this officer logged into and out of the crime scene area? The answer to that question is, "Yes."
When I requested a copy of the records, I was given a censored edition, and definitely not complete, as required by federal law. My thoughts are that Washington County thinks they are above the law and need not comply with federal mandates. I could explain the reasons this federal law was enacted for the people; however, I believe the point has been made.
If this undercover officer was on the property doing surveillance, he knew Shane Grundmeyer's activities most of the day. He also knew when Shane took his daughter and her friend to dinner, and was advised via Beaverton PD that Shane was headed back to the residence. This officer would also have known Shane was not armed. It is apparent that this entire incident was pre-planned, and pre-staged, and there was use of an inside informant. The informant no doubt set up Shane, and passed along information that was bogus at the very least. All that was wanted was revenge for what these officers thought or perceived was an attempt to run down a Portland Police Officer on September 19, 2007 on NE Tillamook. It appeared that Shane Grundmeyer had crossed the blue line. It did not happen that way, but they knew no better. A statement by a Tactical PPB officer, assembled at the elementary school on February 16, 2008, indicated that they were there to take care of business for the September 19th incident, when it was alleged by an undercover officer that Shane tried to run him down with his vehicle. No charges, though, were ever pursued against Shane by the officer, the district attorney or the grand jury. This must be due to a lack of evidence, or maybe the officer had something to hide; just maybe he did something that would not have justified his case, and thus it was not pursued.
The autopsy report filed by the Washington County Medical Examiner's Office, as reviewed by the DA, states that Shane Grundmeyer was struck by two bullets, one to the left shoulder and one to the left upper chest. The toxicology revealed a substantial amount of methamphetamine in his blood at the time, according to this examiner.
As I stated earlier, the family had a second autopsy completed after this examiner completed her review or autopsy of Shane Grundmeyer. Dr. William J. Brady, former Director of the State of Oregon Medical Examiner's Office, states that his review and autopsy results vary substantially from the county's explanation and/or results. Dr. Brady's overview is consistent with the two attending physicians at OHSU, the primary care doctors and ER staff that initially attempted to treat Shane's wounds. Shane was shot three times; there were three separate frontal wounds to the left lung, one rear/back wound to the left upper shoulder that shattered the bone completely, and two rear/back upper torso exit wounds. A piece of Shane's 6-7 rib had been removed, and Dr. Brady suspected it was also shattered. He also removed an additional bullet fragment from Shane's body, contrary to the WCME's report that all bullets and fragments had been removed and that a complete x-ray had been taken to assure this was accomplished.
Why does the WCME's report state that the left shoulder wound penetrated the soft tissue, and there was no evidence of bone fracture, when Dr. Brady's report contradicts these statements? The WCME's report also omits the removal of the 6-7 rib bone and does not even mention it. What did the examiner do with the bone, just throw it away in the trash? Who else was present at WCME's autopsy when all this was taking place, who also witnessed or legally advised the examiner during the autopsy? On this question I will comment shortly.
These witnesses have a real problem with the WCME's autopsy results and have noted that the report of the wounds suffered in this tragic incident, the two gunshot wounds indicated by WCME, is misleading and fabricated and not truthful by any means. The original autopsy was completely sloppy, according to Dr. Brady who stated he was very familiar with this medical examiner. It appears the WCME's report is not conducive to the truth and has been fabricated, and so the toxicology report submitted by the WCME must also be in question – was there really any methamphetamine in Shane's blood system?
Shane Grundmeyer had just successfully completed a drug program, and his counselor had nothing but good things to say about Shane, in fact highly praised him. Shane had his daughter with him that day, and when Shane had his daughter, he would never do drugs or be under the influence; it was just a line he drew.
The DA further states that a thorough and impartial investigation was completed and included various agencies throughout Washington County, with the exception of the Oregon State Police Crime Lab, who was not within the jurisdiction of Washington County.
This investigation was completed by the Washington County Sheriff's Office, Washington County Medical Examiner's Office and the Washington County District Attorney's Office. Is there something wrong with this picture?
It was also noted that the DA personally reviewed the investigation in its entirety, and stated he also was present at the scene shortly after the shooting and witnessed the statements made by the involved officers. What the DA fails to include in this report, is that he was also present at Shane's WCME's autopsy, along with 4 or 5 detectives from Washington County (no one from any outside agency was present, except those of Washington County).
I received some information a short while back that kind of fits in with a little different scenario, in that Washington County, per capita, has more officer-involved shootings than any other county in the entire United States of America. I believe there is a good reason for this, if you really read this story. I also believe the elected Sheriff and the elected District Attorney of Washington County should either take responsibility or take the needed steps to correct this horrible reputation. This reputation is not conducive to an image of a professional law enforcement agency. This department requires some real serious changes to its policies for the Use of Deadly Physical Force and its applications.
The DA also included ORS 161.219, which denotes the prescribed manner in which the "use of deadly physical force" may be applied in the defense of a person. Based on his personal review, he concluded that these officers acted under the reasonable belief that Shane Grundmeyer was committing or about to commit a felony involving the use or threatened imminent use of force, against the officers and their passenger, and was "using or about to use unlawful deadly physical force," against the officers and their passenger. Therefore the officers were justified, he stated, in responding with deadly physical force against the threat posed by Mr. Grundmeyer.
The report further states that it is the established policy of his office to review officer-involved shootings and decide whether a grand jury is necessary, on a case-by-case basis; and that there is no evidence of criminal wrongdoing by these officers and thus no need for a grand jury review in this matter.
Where exactly is the civilian oversight committee in this matter? It is apparent that the DA did not review all the statements, witness accounts, or evidence in this incident. There seems to be an apparent cover-up of the actual person(s) involved in the shooting, with evidence removed and discarded by the WCME under supervision of this DA, and a manipulation of actual facts in this case.
Where is the protection of Shane Grundmeyer's US Constitutional rights in this matter? They have been totally discarded. All citizens are afforded this protection, whether their behavior may be in question or not. Their constitutional rights must be first and foremost protected at all cost.
The DA in this case was offered the expertise of the Oregon State Police Criminal Investigations Division Major Crimes Section's assistance in this matter, to provide investigative resources to assist in a full review of this case. However, this DA has not been willing to do so, so I guess there is something to hide. A re-investigation with an outside agency would prove, one way or another, whether or not criminal wrongdoing is or was present at the time of the officer-involved shooting or in its original review by this DA.
The family of Shane Grundmeyer has been requesting a review or re-investigation of this shooting since day one of this incident by an outside law enforcement agency. As the above agency has offered their assistance and expertise, we all believe this DA should take them up on their offer. It would be in the best interest of all concerned, specifically Washington County and its citizens.
We intend to get to the truth in this case, and to receive justice in the shooting death of Shane Grundmeyer. Our intentions are not to litigate/adjudicate this matter in court; however, if that's what it takes to get to the truth and find justice, then all options are on the table.
In Part III, we will continue to discuss other documentation and evidence in this case.
III
Friday, October 17, 2008
"Crossing the Blue Line" Part III by Michael J. Grundmeyer
In Part III of Shane's story we'll be continuing our discussion and review of various information, facts and reports of that dismal evening of February 16, 2008 on SW Shady Peak Lane, in Aloha, Oregon.
It should be the mission of the Washington County Sheriff's Office to protect the lives and property of the people in Washington County.
And to accomplish their mission, the members of the Washington County Sheriff's Office should be committed to honesty and integrity in their relationship with the people in the county and within the Sheriff's Office. They need a commitment to respect individual dignity in all people and to be caring and understanding. They also need a commitment to provide service in a fair, consistent and impartial manner.
On November 9, 2007, information was received that stated the Washington County Sheriff's Office was directed to develop a plan regarding the use of deadly physical force by law enforcement officers within Washington County. The elected Sheriff Rob Gordon and elected District Attorney Bob Hermann of Washington County co-chaired this planning committee.
This planning committee was directed by Oregon Senate Bill 111, to develop a plan to meet specific criteria to include the proper training and the use of deadly physical force; adequate support for officers and civilian members of the community involved in a deadly force incident and all families affected by a deadly force incident; and a process for investigating a deadly force incident and determining whether the use of deadly force complied with law and policy. The plan was to be submitted to the Oregon Attorney Generals Office by May 30, 2008. This plan was also to be submitted to all governing bodies of all law enforcement agencies within Washington County, by March 31, 2008 for consideration.
The deputy district attorney in the incident occurring on February 16, 2008, solely determined that the use of deadly physical force was justified and no grand jury would be required. There was no civilian or other oversight in this determination.
The use of deadly physical force is governed by state statute and is usually authorized in a progressive series of actions, commonly referred to as a "use of continuum." It is also often recommended that the use of negotiation or other "conflict resolution" techniques be utilized.
When the continuum of force progresses from verbal orders, through physical restraint, up to lethal force, the general mandate for the application of force is that only "necessary force" may be used. When force is applied, the amount of force permissible is, likewise, only that which is reasonable and necessary under the circumstances. When a level of force beyond verbal commands is used, the person using such force is accountable for the degree of force applied. In the case of lethal force, other levels of force must have been attempted first, or the only way to minimize loss of life is by the use of lethal force.
In some states they have added, "Duty to Retreat," meaning that a person is not justified in using deadly physical force upon another person if he/she knows that he/she can avoid the necessity of using such force with complete safety by retreating. This law stresses that self-defense cannot be retaliatory. It must be defensive and not punitive. (Consider the situation with this restriction applied to the incident on Shady Peak Lane.)
All the reports, documents, and witness statements reflect that there was no immediate threat of loss of life in this incident. As I have noted previously, the DDA stated in his own words that Shane's vehicle was "successfully blocked in by patrol cars," and the officers exited their vehicles, as did the passenger. It was also noted that Shane was allegedly ramming the patrol vehicles with less than 12" of space between them, and yet an officer was alleged to be in the direct path (just how did the officer accomplish this feat, as there was not a whole lot of room there?). I don't know about anyone else, but really, how gullible and stupid do they think we are, not to mention the officer, if he in fact stood in the path of that vehicle, in less than 12" of space; he was flat stupid, if he did that.
Maybe the word "ram" sounds better than "bump"; we will be discussing this shortly (Definitions). Talk about a stretching of the truth ... is anyone aware that when the patrol vehicles' damage was assessed by an investigator, it was noted that, on one of the patrol vehicles, the license plate frame was cracked and a small dent was noted in the fender, and the other patrol vehicle had a cracked headlight frame. Was any of this previous damage, or does it just sound better if they say that the BMW was "ramming" them? As I pointed out earlier, Shane's vehicle tires were in the mud, so it could not have been any more than a bump, at most – or did these officers push Shane's successfully blocked vehicle into theirs and create their own damage to their vehicles?
They also created the situation wherein they brought their passenger into harm's way or a suspected dangerous situation. In this the officers had a choice. One of these officers is also the lead negotiator for the tactical team, so where was his expertise in this incident regarding "conflict resolution"? The witness statements reflect no such negotiation or attempt at conflict resolution, even in the officers' own statements and the DDA's report: "Shane stop the car! Shane, get out of the car! Shane, you are under arrest!" Just where is there any negotiation or resolution in this incident, even as reported? Witnesses state that these officers shot first and then shouted these words or phrases and then shot again. It is apparent that excessive force was utilized to effect nothing more than a traffic stop; and as well with all the other related charges, these officers had legal choices. It sure seems there were some seriously poor choices and some really bad judgements made by these officers and others in this incident, that led to the death of a young man needlessly; and then to attempt to cover it up is beyond belief. I suppose honesty and integrity mean nothing to the Washington County Sheriff's Office, or at least to these particular officers and any other officers involved in this incident who may have distorted the truth in this incident.
If this incident had proper civilian oversight, and this DDA would have properly reviewed the officer-involved shooting, no doubt a grand jury review would have been required.
Where has Washington County Sheriff's Office met the criteria of proper training of the use of deadly physical force, adequate support for civilian members of the community involved in a deadly force incident and all families affected by a deadly force incident, and determining whether the use of deadly force complied with law and policy?
There has been no contact with this family or involved members of this family, or directly involved friends, or any of the witnesses or their families. If I remember correctly, this is or was a deadly force incident. One of the witnesses required hospitalization because of the trauma and stress involved with this deadly force incident, where was his assistance. Where was Shane's daughters assistance when she needed counseling, well so much for this criteria too.
It does appear however, that only one of the criteria has been met, adequate support for officers involved in a deadly force incident. I believe the planning committee needs to re-review their compliance with senate bill 111, and they need to pay particular attention to the "use of continuum," when any officer is involved in a deadly force incident.
Another observation I have is, why was Washington County in need or was directed by the senate bill 111 to develop a plan to meet specific criteria for the use of deadly force. Maybe it has something to do with their national reputation or per ca pita "officer involved shootings."
The Washington County Sheriff's Office must comply with the state's request of compliance, both in written form, and actual implementation.
I would like to take a moment to review some definitions, to bring perspective to the use of deadly force, since the following words were used as a justification for the use of that force.
Definitions:
*******************************************************************
Successfully; resulting or terminating in success.
Blocked; to hinder the passage, progress, or accomplishment by an obstruction, to prevent normal functional action.
Bumping; to encounter something that is an obstacle or hindrance.
Ramming; to move with extreme rapidity.
*******************************************************************
I will leave you to draw your own conclusions as to the question, Was the use of deadly physical force really necessary, reasonable and justified, under the circumstances, when Shane and his vehicle were "successfully blocked in by the patrol vehicles"? At that point all hostilities should have ceased and other measures/options should have taken place.
In Part IV of Shane's story, Crossing the Blue Line, we will be discussing further reports, diagrams and Crime Scene evidence and its relation to this unfortunate incident. We will also review the search warrant that was supposed to have been secured prior to the shooting incident of February 16, 2008 on SW Shady Peak Lane, Aloha, Oregon.
IV
Saturday, October 25, 2008
"Crossing the Blue Line" Part IV by Michael J. Grundmeyer
In Part IV of Shane's story we will be reviewing further reports, diagrams and crime scene evidence, and we will also review the search warrant in this incident, as well as other miscellaneous information.
However, first we would like to take this time and opportunity to give a special thanks to US Congressman Earl Blumenauer, Attorney General Hardy Myers and his Executive Assistant Jacob Weigler, Oregon State Police Superintendent Tim McLain, Lieutenant Steven C. Duvall of the Criminal Investigations Division Major Crimes Section, and the Oregon State Police, for their condolences for the loss of our son and their willingness to review and/or re-investigate this tragic "officer involved shooting" and to provide the investigative resources necessary. We would also like to give a special thanks to Portland Attorney John McVea, and the retired Multnomah County Sheriff's deputies who have become involved or who have assisted in this story; and a very special thanks to Holly Danks, of the Oregonian newspaper, for her diligence and fair reporting of this unfortunate incident.
In Parts I through part III of Shane's story, we have reviewed the various reports, documents, and witness statements of this incident/case. Notwithstanding the irreverent tone of some of my side-bar comments, this is a very serious matter, and some very serious charges may be forthcoming in the days, weeks, months or even years ahead, against those officers who participated in this tragic and sad taking of a human life without reasonable and necessary just cause; not to mention the issue of a possible cover-up and disposal of potential evidence. This case has some very serious consequences for all concerned and should not be taken lightly.
The involved WCSO officers' weapons were sent to the Department of State Police Forensic Laboratory on February 20, 2008 and they completed their Analytical Report on March 4, 2008. The review only included 2 S&W .40-caliber Glock model 22 double-action semiautomatic pistols, with one magazine each, one with 6 .40-caliber cartridges remaining and the other with 10 .40-caliber cartridges remaining. The weapons were noted to have a capacity of 14 rounds for each magazine clip and 1 in the chamber. There would have been 3 ammunition rounds missing from one service weapon, and 7 ammunition rounds missing from the other service weapon. The lab kept 1 bullet and 1 shell casing from each service weapon for future reference.
There were 3 bullets that penetrated the windshield of Shane's BMW on the driver's side, passing through the vehicle's dashboard and out through the instrument panel into Shane's chest area, specifically the left lung, and making 3 separate wounds. These were of a smaller caliber, and did not shatter the windshield – unlike all the .40-caliber bullets that passed through the rear window and would have shattered the driver's side window except that window tinting film held it in place. The bullets that entered through the windshield without shattering it most likely came from a high-velocity rifle, possibly indicating .223-caliber rounds. The WCSO TNT unit has standard-issue Colt M-4 carbines with .223 ammunition, with a capacity of 30 ammunition rounds in each magazine clip.
It was noted that one of the involved officers had a Colt M-4 Carbine mounted in his patrol vehicle, when at approximately 7:28 P.M. on February 16, 2008 both officers' service weapons were seized or confiscated by the investigator(s) and processed. Why was one of the involved officers' weapons, specifically the Colt M-4 carbine, not seized or confiscated until 2:45 A.M. on February 17, 2008? When inventoried by the investigator(s), it was noted that the weapon was removed from the patrol car, and a description was made of 1 Colt M-4 carbine (5.56mm) with the serial number, and 1 Colt M-4 ammo clip (5.56mm); but the report does not indicate how many rounds of ammunition was missing or accounted for, as were all other weapons seized or confiscated. The weapon was returned to the involved officer's possession without proper investigation and/or remittance to the OSP Lab for review and forensics examination. Again, was this intentional and purposeful, to hide this required information/evidence, or maybe some kind of possible cover-up, for the officer doing surveillance on Shane's property? Speaking of this officer, where exactly is his weapon(s) – were they turned over to the OSP Lab as well? Not in this incident.
Where is the other ground officer's M-4 carbine? I reviewed no accounting for this weapon either, or any mention thereof. Again, withholding evidence is against the law, and there are some pretty stiff penalties for any commission thereof. It was noted that from the angle of the 3 bullets entering through the windshield, some amount of elevation would be required. Or did one of the ground officers step out of his patrol vehicle and fire, point-blank, 3 times with his assigned Colt M-4 carbine that was in his vehicle? Or, did the 3 shots emanate from across the road, up on the hill, and in the concealment of the overgrown brush? Was this a pre-planned and pre-staged ambush? Hopefully we will get some definitive answers, in time.
There is another very interesting question to ask: Why were there at least 15 Tactical officers wandering through the wooded and brushy area across the road from the actual shooting scene? These officers were in full fatigues, and fully armed with automatic weapons, not to mention the semi-tank parked in the roadway and over the hill, just up the road from the shooting scene but not visible from there. This observation was made by several witnesses, but not mentioned in any police report I have read.
What exactly were they looking for – maybe 3 shell casings from a .223-caliber Colt M-4 carbine? The witnesses further stated that it appeared to be a full-scale military operation in those woods. I believe it takes a little longer than 15 minutes to move their semi-tank into position, not to mention all the other resources at the scene. This clearly makes one wonder what their actual motives were in this case. Was it to serve a search warrant (3 days early, and ultimately never served); or to execute retaliation/revenge for Shane's alleged "crossing the blue line" on September 19, 2007; or simply a matter of some very serious mistakes/misunderstandings and over-reaction on the part of these involved officers?
Just where are Shane's Constitutional rights in this whole incident? Where is the principle of being "innocent until proven guilty by a court of law"? It seems these have all gone by the wayside. It would seem that the judge, jury and executioner were present at this shooting scene, on February 16, 2008.
Something else comes to mind in this incident. The two involved officers stated in their reports that they were on routine patrol. I know Washington County covers a large area, and there are a number of patrol districts within its boundaries. Just exactly how did these two officers end up in the district surrounding Shane's residence, fully armed, and in unmarked patrol vehicles, and one with a teenage ride-along? What about the other TNT Unit members around the corner, also fully armed and with their semi-tank; and the additional members of the PPB Tactical Unit, also in the district surrounding Shane's residence ... and, not to forget, the officer doing surveillance on the property (also a TNT Unit member)?
It sure seems to me that an enormous amount of time and energy was expended that day and evening, at the taxpayers' expense, of course. In the Washington County Sheriff's Office Crime Scene Log, there are 23 sign in/out lines for each page, and there were three completed pages, for all officers/persons on the crime scene. No doubt there were some not signed in/out as well; but my point is, why all this activity? Some, we can understand and could be justified, but where were all these law enforcement personnel and support staff before Shane's life was taken so unnecessarily?
For this gathering of force to be coincidental, as they would like us all to believe, truly cannot be the case. I am not a believer in coincidences, but I am a believer in synchronicity.
Was all this involvement for a supposed traffic stop, and the possible service of a search warrant for an alleged attempted theft occurring on September 11, 2007? Or, maybe it was to serve the arrest warrant for FTA. It appears to myself and to others that the documentation in the DA report created in the 55 days after the officer-involved shooting was nothing more than a means of character assassination, building mountains out of molehills in an attempt to justify all their actions on February 16, 2008.
The two officers and others communicated on channel 7, just prior to the shooting incident. This channel is not monitored or recorded, and is utilized for officer-to-officer or car-to-car communication. The senior officer, an eight-year veteran, not to mention lead negotiator and a member of TNT, was asked by an investigator if he recalled whether or not the channel is monitored, and this veteran officer replied, "Yes I believe it is monitored and recorded." This officer knew full well this channel is not monitored or recorded, I should think, as he has been on many tactical operations and has been an officer for some years. This guy is not a rookie, and to make a statement like this, only makes one wonder and look a lot closer at all the facts, and to question the truthfulness and integrity of the officers' statements in this incident.
This is not rocket science by any means, and the in-house media spin that was put on all this was not very professional, to say the least. The Washington County Sheriff's Office has a former TV news anchor-person, news reporter or professional journalist (whichever is the politically correct terminology) on their staff for just this purpose.
It is no wonder that Washington County has the unfortunate reputation of having more "officer involved shootings" than any other county in the United States. We believe the elected officials – specifically the sheriff, who is responsible for actions taken by his officers; and the district attorney, who is also responsible for the actions of his deputy DAs; and not to forget the medical examiner – need to take responsibility for their involvement and participation in this unnecessary taking of a human life on February 16, 2008.
The destruction of potential evidence, or its removal from a crime scene, is still against the law. This allegation alone should warrant a complete review of the Medical Examiner's Office by an outside police agency. Honesty and integrity should be put at the forefront by these elected officials, who should be held accountable as well for the actions of their respective subordinates.
Accountability begins at the top and trickles downward, through various policies and procedures, proper training and understanding of those directives, and complete implementation of all mandates and/or policies and procedures. The "use of deadly physical force" must always be a last resort, when "absolutely" no other choice is available. The "use of continuum" must be applied in all cases/incidents where there is an "officer involved shooting." The "duty to retreat" policy should also be a consideration. If all these policies were followed, maybe Shane Grundmeyer would be alive today and maybe some others as well, or some others in the future. No doubt Shane Grundmeyer deserved to be incarcerated, if found guilty by a court of law, for some of his alleged previous actions, if in fact any of the allegations are true – but certainly not to be executed in the manner in which he was. We should have been visiting Shane in a correctional facility, not the cemetery, on his birthday.
Just as a note, we had a retired ex-judge review this case and incident. He has over 20 years of experience on the bench, and numerous years as a professional attorney, and it was noted upon his review and his findings that "deadly physical force had been used unnecessarily resulting in the death of Shane M. Grundmeyer."
This case should be a wake-up call to the Washington County Sheriff's Office and the District Attorney's Office and to the honorable citizens of Washington County. The action taken on SW Shady Peak Lane in Aloha, Oregon on February 16, 2008 by the sheriff's deputies was totally wrong, and most assuredly, changes must be made within these departments. Protection of an individual's Constitutional and civil rights must be a priority, for all concerned and for all citizens, whether or not we agree with those rights. The United States Constitution and the Bill of Rights, still exist today (well, at least for now, anyway), and we must stand up and protect them. To step outside those boundaries should have very serious consequences.
The word culpability comes to mind; it describes the degree of one's "blameworthiness" in the commission of an offense/crime.
There are four distinct degrees of culpability:
1) A person causes a result purposely/intentionally if the result is his/her goal in doing the action that causes it.
2) A person causes a result knowingly if he/she knows that the result is virtually certain to occur from the action he/she undertakes.
3) A person causes a result recklessly if he/she is aware of and disregards a substantial and unjustifiable risk of the result occurring from the action.
4) A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but very much should be aware of.
We should all take a good hard look at ourselves, in our everyday activities, and our attitudes, especially when we discuss or participate in behavior that could affect a life. Life is precious, so very precious; it is a gift that the Almighty bestows upon all of us and our families. To take a life without conscience or justification, or to participate in such an action, is totally wrong by any standard. At some point, in life or death, we are answerable to the Almighty. What goes around comes around, sooner or later, and that is fact.
Abraham Lincoln once said, "Whatever you are, be a good one."
This statement surely speaks for itself, and we should all strive to achieve this goal in life. No matter what you are, be a good one.
In Part V of Shane's story, we will cover some important conclusions and facts regarding this unfortunate shooting incident. Although we will be concluding the story, we intend to begin the truth and justice phase. Hopefully we will get both in the days, weeks, months or even years ahead; only time will tell.
V
Saturday, November 1, 2008
"Crossing the Blue Line" Part V by Michael J. Grundmeyer
In Part V of Shane's story we will be covering some related information and statements made by witnesses, involved persons and miscellaneous accounts of the unfortunate taking of a young man’s life in Washington County, Oregon.
Although this part will be the final edition of Shane's story, we will strive to keep all informed as to the progress and direction this case takes in the days, weeks, months or even years ahead.
We are graciously appreciative for all your condolences, prayers and support, and most of all, your interest in seeking the truth and justice. This case is not about money; there is no amount of money that can bring this young man back to life, back to his family, back to his daughter or friends. I am not into this case for anything but truth and justice, and anyone who really knows my character, integrity and honesty knows this firsthand. As well, they know my fortitude and determination to find truth and justice.
Everyone has an opinion; but some opinions are educated and others are uneducated. When you truly want the truth, you don't get your education from a newspaper story or a TV news channel, basing your knowledge or opinion on that information you gathered, and believing it must be fact or it would not be in the newspaper or on the TV news. If you want the truth, you must research, investigate, review, evaluate, and get educated properly; only then can you make an educated statement of your opinion.
We are still very much pro-law enforcement. It’s just that when a select few officers step over the line, they are no better than the criminals they are attempting to apprehend or bring to justice. When an officer believes he or she has to stoop that low to make his/her arrest, then there is a problem. The whole department looks bad because of the actions of a few non-professional officers in their ranks.
Unfortunately, some persons slip through the cracks to become police officers or members of law enforcement, who would otherwise not be hired or pass the background checks. But, let me just say, all professions have their nonprofessionals, persons that should not be employed in that career field or profession. In time, however, most of these persons surface to the forefront and are exposed for what they are, and are replaced, disciplined or fired. In the meantime, hopefully any damage can be held to a minimum.
When we were reviewing and evaluating the officer-involved shooting of February 16, 2008, in Aloha, Oregon, it was noted and is our opinion that Shane M. Grundmeyer, by his own actions, did in fact prevent these involved officers, and other involved participants, especially the other WCSO TNT & PPB tactical members, from bringing their violence and extreme prejudice to the residence at 17980 SW Shady Peak Lane. The mind-set of these officers would have extended past "just shooting” Shane for an alleged traffic stop or other such cause, and would no doubt have included Shane's dog Zander (nicest dog you would ever want to meet). And, by their own statements/comments, Cody Grundmeyer was for sure in their sights as well, not to mention several others at the residence on that evening. We are sure that these possible events went through Shane's thought process, as he was making snap decisions on a course of action that would bring the least amount of harm, and divert attention from the residence, thus keeping everyone else safe and out of harm’s way. Contrary to what some may think about Shane M. Grundmeyer, he was a very thoughtful young man, who would place himself in harm’s way before he would ever let anything happen to anyone else. He was just that way, a characteristic that is admirable.
Noted and discussed previously was Shane's on-again, off-again girlfriend of many years, her mental problems, and situations she was involved in during this relationship. However, Shane, for whatever reason, stayed devoted to this woman, regardless of what she did or said. Shane without a doubt truly loved this woman, though he was not at all appreciated by her. Shane was a published poet and wrote some very nice poetry, but unfortunately, all of it was about this woman, and the love and the loneliness he felt while in this relationship. All of it was truly from the heart. Shane was always an understanding young man. Unfortunately, bipolar comes to mind with this young woman, and to bring that into a relationship can be devastating, to say the least. Shane was well aware of this young woman's problems, but he kept on loving her anyway. This may have been admirable or stupid, and we have not figured out which yet.
During this review and evaluation, we noted that prior to Shane's last arrest some five or six years ago, on a federal issue that was later dismissed, we encountered a witness with a statement that this young woman was also having an affair or a relationship with a US Marshall, at the same time as her relationship with Shane. Now, this US Marshall was one of the arresting officers on this federal issue, and also involved in the take-down of Shane, where mace was sprayed excessively into his face, and he was punched and kicked excessively, and Shane's mother had to intervene to get them to cease and desist, threatening to videotape the incident; this was witnessed by another person, as well.
There are some statements or allegations that this young woman was once again having an affair with an officer, this time with a WCSO officer or a Beaverton PD officer; the officer had been to the residence on several occasions. Although a name has never been established, nor an exact department affiliation, he was alleged to have been involved in the "officer involved shooting" of February 16, 2008 – to what extent, no one knows for sure.
At the end of this Part V, we will include a poem that Shane had written, published, and copyrighted; we hope you enjoy it.
There is another matter that we would like to discuss, one that we only touched on in previous parts, but nonetheless is very important.
There was a young man who had been staying at Shane's residence for a month or so. Where he came from, or where he was going, no one seemed to know exactly. Also what his intentions were, no one knows. How Shane met this young man, again, no one knows; the only one who could answer that question is Shane, or maybe the WCSO. It was noted by several witnesses that when you met this guy, he just gave you the creeps, a real snake-in-the-grass feeling. On the day of the shooting incident, this guy called Shane and stated he had been arrested by the WCSO earlier in the day, for "Fraudulent use of a Credit Card," and "Possession of a Stolen Vehicle," and that he needed a ride (he had used a stolen credit card to finance a rental car). Shane went to pick him up, several blocks from the residence. Shane thought this was strange, being arrested and released within a couple hours, and on a Saturday (weekend); this did not hold a whole lot of water with Shane. So, Shane called WCSO and attempted to find out some information regarding the arrest and release of this guy. What Shane learned was that this guy did not exist, nor was anyone arrested and released that day for the specific charges mentioned, or the previous day either. Just exactly who was this guy, where did he come from, and what was his purpose?
What is known about this guy is that his name or alias is "Ira"; and it was stated by others that earlier in the day, he entered some stuff into Shane's computer, and this really irritated Shane, to the point of Shane becoming very upset at this guy for whatever it was he input or downloaded into the computer, as Shane thought it could seriously get him into trouble. Was this a setup, to assist the WCSO/PPB when they came up to the residence, to serve that search warrant? The intentional planting of evidence is still against the law, but when you're looking for justification for your actions, or in this needing evidence to fit a person of interest in order to secure a warrant, what does one do? That's right, one creates the so-called evidence.
When we inventoried Shane's stuff, we found nothing incriminating on his computer, but then again, we are not computer geniuses by any stretch. However, we know some people who are, and maybe we'll get an answer to this question soon.
On a previous occasion, a witness was present at Shane's residence who was introduced to this person named "Ira," at which time the witness took an instant dislike to him. When the witness observed "Ira" open a satchel, which he was alleged to always carry around with him and not let out of his sight, the satchel opened up and the witness could see inside it numerous credit cards, ID cards, blank checks, etc. When "Ira" noticed the witness was observing what he had in that satchel, he closed it immediately, stated to the witness, "You saw nothing," and went about his business. Where was the satchel when he was supposedly arrested? The witness stated that he then really knew he did not like this guy, and that he was bad news by any one's standard.
When we arrived at Shane's residence in the early morning hours of February 17, 2008, we were informed that this guy "Ira" had disappeared after receiving a cell phone call approximately (20) minutes prior to the shooting incident on Shady Peak Lane. Was this the person Beaverton PD officers were talking to on the cell phone, doing surveillance at Shane's residence – though the officers cannot seem to remember the recipient's name or call sign? This guy "Ira" has never been seen since. Although this information was provided to the WCSO investigators, nothing was ever investigated regarding the person named "Ira." He was not noted in any police report, but only several times in a witness statement. Was "Ira" a police informant, also known as a plant; or was he an undercover surveillance officer, setting Shane up for disaster? When we arrived at the residence, no evidence was present that he had ever been at this house. If the witnesses had not informed us, we would have never known of his existence.
The word entrapment comes to mind when we think of this incident and this person named "Ira." The definition of entrapment is the act of a law enforcement agent in inducing a person to commit an offense which the person would not have, or was unlikely to have, otherwise committed.
When those PPB and WCSO tactical officers who were staged around the corner from Shane's residence responded/replied to a question as to whether or not they would be serving that supposed search warrant, their statement was, "No, what we were looking for was not there." If whatever they were looking for was supposed to exist 20 minutes before they shot Shane, it would still exist 20 minutes after they shot Shane.
Evidence does not just get up and walk away – or does it?
Another interesting point is that the numerous witness statements do not corroborate the involved officers' statements, versions or accounting of the shooting incident; instead they paint a totally different scenario and version of events, and their statements and accounts of this dramatic event of February 16, 2008 was not taken into consideration. These witness statements apparently were discarded by the WCDDA, during his review of this incident.
A witness statement is crucial to a good investigation and review of the entire incident. A witness is someone who has firsthand knowledge about a crime or dramatic event through their senses (seeing, hearing, smelling, touching), and can help certify important considerations regarding the crime or event. It appears that the only witness statements accepted for consideration were those of the officers involved in this incident. That's kind of one-sided, don't you think?
It is also, in many jurisdictions, compulsory for any witnesses to comply, to take an oath, and to tell the truth, under penalty of perjury. Then why are these involved officers not compelled to do so, in the same manner? A witness can be charged with initiating a false report/statement. If this incident were properly investigated, and the witness statements taken into consideration, maybe these officers would face the same possible punishment, or be required to tell the truth, the actual truth, of the events of that evening, instead of attempting to cover their own tails and their department.
A Forest Grove Police detective was noted as stating to numerous witnesses, during an interview, that his "only reason for being at the interview, was to protect Washington County's interests, in this investigation." Now, don't that just beat all; it seems there is a lot of that kind of "protection" going on in this incident.
Although the Oregon State Police Criminal Investigations Division, Major Crimes Section, has offered their expertise and willingness to assist in a review and/or a re-investigation of this matter, it seems the Washington County Deputy District Attorney has a problem with any outside agency reviewing or re-investigating their cases or incidents, other than their own Washington County agencies, of course. It makes one wonder, what do they have to hide, since a new review or re-investigation would be paramount in putting to rest any allegations of wrongdoing by their department(s).
The same could be said for the WCME's involvement. In this case it is evident that their report and determinations are also in question. The second autopsy does not even come close to any conclusion that the WCME reported. I have already mentioned as well the apparent destruction of evidence, or concealment thereof.
Hopefully, we will pray for truth and justice in this case, in hope that the real truth will eventually come to the forefront, and justice will be served.
POEM: Untitled
you give me a reason for believin
your purity your beauty your caress
your living proof there is a god in
nature
your existence is one of many gifts
we are given unto this here earth
the flesh which wreaths our bones
gives us the beauty that we see with our
eyes
and we can feel with a touch like a kiss
and smell with a breath
the hormonial fragrance that embodys
us
because of your existence and place on
this earth
I can feel my emotions inside and out
and rejoice
I am alive and I can feel without a touch
see without my eyes and my heart skips
a beat
as just a thought of you takes my breath
away
these feelings you send through my
body and soul
give me reason for believin
by Shane M. Grundmeyer
Copyright 2007 Shane M. Grundmeyer
Quote: "A man's got to believe in something, I believe I'll go racing," by Shane M. Grundmeyer
In conclusion of Part V and Shane's story, we would like to take this time and opportunity to give a very special thanks to Ricky A. Gaskell, and his family – a very special friend, and friends, indeed – for their devotion, commitment, and assistance to this project and story; for none of this would have been possible if it were not for their involvement. We wish to also thank all of you for your support, and your desire for the real truth and hopefully, justice, in this case. Thank you from all of us!
This is not the end of Shane's story, it's the beginning of Shane's story!
Copyright 2009
