PPB Case #10-38353
Date: May 12, 2010
Suspect: Keaton Otis, 25
Involved Members: Officers James Defrain, Ryan Foote, Cody Berne, Andrew Polas and Officer Chris Burley; several other witness members
On Wednesday, May 12, 2010, at 6:21 p.m., Portland Police Officers James Defrain and Ryan Foote, both 6-year veterans and assigned to the Hotspot Enforcement Action Team (HEAT), attempted to stop a vehicle in the area of N.E. Grand and Holladay. The Officers activated their overhead lights, but the vehicle continued without stopping. The officers used their lights, siren and airhorn in an attempt to stop the vehicle, but the driver did not pull over. Eventually, the driver pulled the vehicle over to the curb on N.E. 6th Avenue, near Halsey.
As the officers approached the vehicle, the subject shouted profanities at the officers and was not complying with directions. Additional officers arrived and witnessed the subject reaching over toward the passenger area of the vehicle. A Taser was deployed, but did not stop the subject’s movements. Another Taser was deployed, and again, did not have any effect on the subject’s movements.
The subject leaned over and pulled out a gun out of the glove box and shot Officer Christopher Burley, a 5-year veteran assigned to HEAT twice in the legs. HEAT Officers Cody Berne, a 5-year veteran, Andrew Polas, a 6-year veteran and Jim Defrain returned fire at the subject. Other Officers grabbed Officer Burley, took him to safety, and transported him to a local hospital. He was released and recovered from his injuries.
In an effort to determine if the suspect was still a threat, a less lethal beanbag impact weapon was deployed. Officers the immediately formed a team and approached the suspect. They removed him from the vehicle and the suspect began receiving medical assistance, but was pronounced dead at the scene. The man was identified as 25-year-old Keaton Otis. A 9mm handgun was found in Keaton Otis' Toyota Corolla.
On May 28, 2010, a Multnomah County Grand Jury found that the officers’ use of deadly physical force was justified.
As part of the use of force review process, the Bureau conducted an internal review of the entire incident and the case went before the Use of Force Review Board, which is comprised of community members, Bureau members and representatives from the Independent Police Review Division. The shooting was found to be "in-policy" by the board.