Oakridge police shooting `justified'.

Byline: Bill Bishop The Register-Guard

Oakridge police officer Steve Ball was justified in the fatal shooting Monday night of John Erva Dunn during a traffic stop east of Westfir, Lane County District Attorney Doug Harcleroad said Friday.

The shooting happened after Ball pulled Dunn's vehicle over for speeding and defective taillights around 11:30 p.m. Dunn got out of his SUV, scuffled with the officer and rushed back to the vehicle, where, Ball said, he appeared to be reaching for a holster partially concealed under a jacket on the front seat, Harcleroad said.

Oregon law allows an officer making an arrest to use deadly force to defend against the threatened use of deadly force against the officer, Harcleroad said.

"This officer was justified in using the deadly force he used regarding Mr. Dunn," Harcleroad said in an afternoon news conference.

Oregon State Police investigators found an unholstered .44-Magnum revolver on the front floorboard of Dunn's SUV and a rifle on the back seat. Neither weapon was loaded, Harcleroad said. Ammunition later was found at Dunn's apartment in Springfield, he said.

Medical tests determined Dunn, 42, had cocaine in his bloodstream and a blood alcohol content of 0.21 percent - more than 2 1/2 times the legal limit for driving, Harcleroad said. A blood test showed no alcohol or drugs in Ball's system, he said.

Investigators have not determined why Dunn was in the Westfir area on Monday night.

Ball told investigators that he smelled alcohol on Dunn's breath when he stood with Dunn at the rear of the SUV. He said he also noticed Dunn's eyes were twitchy, a sign of possible use of stimulant drugs. Dunn allowed Ball to look inside the SUV, which is when Ball saw a rifle in the back seat and a holster partially concealed under a jacket, Harcleroad said. He could not tell if there was a gun in the holster.

Ball then asked Dunn for a driver's license, but Dunn had none due to a drunken driving arrest a few days earlier, Harcleroad said. Instead, Dunn showed Ball a document issued to him when his vehicle was impounded.

When asked by Ball, Dunn admitted that he had felony convictions. Because that made it illegal for him to possess guns, Ball told Dunn he was under arrest. Dunn resisted when Ball attempted to handcuff him. Dunn pushed the officer away, rushed back to his vehicle and appeared to reach for the holster on the front seat, Harcleroad said.

Investigators determined Ball that fired 10 or 11 shots from his .40-caliber Glock, striking Dunn once in the head.

Harcleroad said pieces of tissue paper found on the ground at the rear of Dunn's SUV matched tissue found on Dunn's shoe and in his SUV, corroborating where Ball said the scuffle began.

The pattern of cartridges ejected from Ball's handgun supported the officer's statement that he began firing as he moved back from the SUV toward his patrol car to take cover in case Dunn were to begin shooting at him, Harcleroad said.

Ball called for assistance and waited at his car until another Oakridge officer arrived.

It was the first shooting in the history of the department, which has six officers and five reserve officers, Oakridge Police Chief Louis Gomez said. Ball will remain on administrative leave until the department completes its review to determine whether he followed the department's policies and procedures. Gomez said he did not know how long that might take.

The investigation clears Ball of any criminal wrongdoing in the shooting.

"Anytime there is a tragedy of this kind, it affects everybody," Gomez said. "It's a relief to hear this today."