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Thursday, May 10, 2007

Portland Re: Why District Attorney Should Have Found Fireman Guilty of Kicking

Posted by Amy J. Ruiz on Thu, May 10 at 3:28 PM

Matt’s out reporting, but I didn’t want this to wait for his return, so I’m posting it for him. District Attorney Mike Schrunk wrote in, in response to Matt’s post calling the DA out for not filing charges against fire bureau lieutenant Robert Bedgood.

Mr. Davis:

In response to your voicemail message that I received today, attached is the no complaint memo pertaining to the case.

I believe this will answer your questions.

Very truly yours,

MICHAEL D. SCHRUNK
District Attorney

The entire memo can be downloaded here, but this is the gist of it:

Conclusion: Factually, there is sufficient evidence to potentially prosecute both [Terry] DeGeorge and Bedgood for their conduct on January 11, 2007. In practice, however, the fact that DeGeorge and Bedgood share dual roles of both victim and defendant in the same case weighs against prosecution. The prosecution of either individual will require the testimony of the other.

Through their attorneys, DeGeorge and Bedgood have expressed to this office that neither wishes to pursue criminal charges against the other individual. Additionally, DeGeorge, through his attorney, has also indicated that he is seeking a civil resolution to the incident through litigation with the City of Portland.

Although a complainant’s wishes can never be the sole factor in assessing the state’s interest in pursuing a criminal prosecution, in this case, given the facts and circumstances outlined above, the parties desire to avoid criminal prosecution and to seek resolution in a civil context weighs against filing charges. This matter between DeGeorge and Bedgood can best be handled by the legal representatives of the two people involved and those of the Portland Fire Bureau through the City of Portland.

Comments

Schrunk's voicemail back was as follows:

"The bottom line is that both people were over the top. The fireman and the other person up at the apartment house. He said he did not want the fireman prosecuted so let them battle it out in civil court."

The DA also left a longer comment here:

http://tinyurl.com/ysmqwf

it's really disappointing to know that the city employs flat out thugs in public service positions. but i guess it's easier to accept being that he's a firefighter and not a cop, where he would be in a position to practice his thuggery on a daily basis, if he so chose, as opposed to those rare times fighting fires or treating heart attack victims where someone with a big mouth is nearby.

and i would imagine if a cop had been caught on tape kicking someone repeatedly while they were being held down and couldn't defend themselves, they'd be shit out of a job.

Lyle, I wonder how the city's cops feel about the decision, though. If it were one of them caught doing this, there'd be no mercy shown. It's got to be a ard one to swallow, right?

matt, i would bet five bucks a lot of portland cops look at this like something the guy getting kicked deserved.

especially people like robert king and his michelle malkin-idolizing ilk.

if it had been one of their own in this exact situation, the wagons would have been circled big time, they would have been the victims of the situation, the guy getting booted would be at fault, and the cops who were reasonable about it and thought it was completely over the line would rightly feel that if they ever spoke up about it they'd get trashed by their less reasonable colleagues and as a result wouldn't dare to speak up about it in the first place.

did we hear anything from any police officer or official siding against the cops who killed jesse chasse? i'd, in fact, challenge someone to come up with ONE example of a cop, in public, questioning another cop's judgement in any type of situation where criticism would be justified and expected.

you're not gonna find it.

that's just how police work goes. it always boils down to them being in the right, no matter how absurd a situation is. not to say it's a nice reality, but it's understandable in a way. it's very much like the military: knock down immediately anything that could ever force you to take responsibility for your own misbehavior, because the second you admit you might be capable of making mistakes, you're already too weak to defend yourself against the next accusation.

There was no discipline handed down to anyone involved in the Chasse case, at least nothing major. I believe there's a civil suit pending and the PPD is overhauling their use of force guidelines... whatever that means.

Kyle Nice and Chris Humphreys should aboslutely have been disciplined, if not charged. Anyone who followed the story realizes this. I assume they are back out there running around Portland, and that's a goddamn shame.

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