Yesterday the District Attorney cleared fire bureau lieutenant Robert Bedgood of criminal charges despite video evidence showing him kicking a man while his three colleagues pin the guy down.

Now, it’s rare that I agree with anything Jack Bogdanski says. He’s even in our “enemies” list on Blogtown (see right). But in this case, the man has really come up with the goods, citing these two Oregon statutes:

ORS 163.160 Assault in the fourth degree.

(1) A person commits the crime of assault in the fourth degree if the person:
(a) Intentionally, knowingly or recklessly causes physical injury to another; or
(b) With criminal negligence causes physical injury to another by means of a deadly weapon.
(2) Assault in the fourth degree is a Class A misdemeanor.

ORS 161.209 Use of physical force in defense of a person.
Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.

Was it “reasonably necessary” for Fire Lt. Robert Bedgood to kick that man after three other firemen had him on the floor? Of course not. But unless and until there’s a major change of culture in the county D.A.’s office, even a videotape catching the officer red-handed (or in this case, red-footed) is not enough for charges to be filed.

Schrunk’s assistant put me through to his voicemail. Depending on how the day goes, we might call back every 20 minutes to see if that “meeting” he’s in ever finishes.