Tigard To Pay $3.8M In Fatal Police Shooting Settlement

TIGARD, Ore. (AP) — The City of Tigard, Oregon, will pay $3.8 million to the mother of 26-year-old Jacob Macduff, who was fatally shot by Tigard police while experiencing a mental health crisis outside of his apartment complex in January 2021.

As part of the wrongful death settlement agreement, the city agreed to undergo an independent review of their officer’s conduct during the shooting, the Oregonian/OregonLive reported.

The city also agreed to implement 15 changes to its policies and procedures, including training officers in de-escalation, moving up the timeline for implementing body-worn cameras and creating a mental health response team that will also serve Sherwood, Tualatin and King City.

At a news conference Wednesday, David Park, an attorney for the victim’s mother, Maria Macduff, showed police footage taken during the shooting and described a rapid and unexplained series of decisions by Tigard police officers that resulted in Jacob Macduff’s death.

Maria Macduff said in a statement provided by Park and another attorney that her son should never have died. “My deepest desire since this happened has been to do everything possible to make sure no other family loses a child the way I have,” she said. “I believe we’ve accomplished that.”

Tigard Police issued a written statement to KXL on Thursday.

“First and foremost, to the Macduff family, I want to personally acknowledge that your son’s life was lost. I am also a mother and can’t begin to imagine what you have endured and continue to endure,” said Police Chief Kathy McAlpine. “I also recognize that in the thorough review of this case, from the Washington County District Attorney’s Office to the Oregon Attorney General’s Office and a grand jury convened at its request, that no evidence of criminal wrongdoing was ever found. That said, I want the community to know that this police department is committed to learning and growing from our experiences. We did our own thorough review of this case, and have made several updates to policies, procedures and training as a result.” 

Those updates include, but are not limited to: 

  • Implementing department-wide body worn cameras,
  • Beginning a drone program, which can provide an aerial view of a person in a car that does not require officers in close proximity,
  • Transitioned from beanbag shotguns to 40mm foam projectiles as a less lethal option,
  • Added specific and clear language to the Use of Force policy regarding de-escalation and verbal warnings,
  • Trainings for officers on a variety of topics including scenario-based de-escalation, barricaded subjects in cars, police legitimacy and procedural justice, as well as use of drones,
  • Tigard PD joined with Sherwood, Tualatin, and King City to create and fund the South Cities Mental Health Response Team to reduce delay in MHRT trained officers and clinicians available for response and follow up,
  • Training on the principles of time, distance, communication and cover as it relates to de-escalation,
  • Collaboration with the Public Safety Advisory Board to get community input on policing in Tigard.

These updates were the result of several factors, including the death of Mr. Macduff as well as national calls for police reform, legislative changes at the state level and evolving community expectations for police response.  

Chief McAlpine has shared these updates with the Macduff family through their attorney, and the settlement costs will be paid by the City of Tigard’s insurance company, which also makes the decision whether to settle and determines the settlement figure.

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