Deschutes County

1130 NW Harriman St, Bend, OR 97701-1947

             Fax (541) 388-4752 - www.co.deschutes.or.us

DISTRICT ATTORNEY REPORT

Stephen Brumback

Death Investigation

On September 1, 2003 at approximately 3:36 p.m. Deschutes County Sheriff’s office responded to a report of a suicidal subject, Stephen Brumback, with a gun.  The report indicated that the subject was outdoors, near the residence of 52520 Pine Drive, LaPine, Oregon.  Three Deschutes County Deputy Sheriff officers unsuccessfully attempted to negotiate with the subject.  Immediately prior to his death, Stephen Brumback fired one round from his weapon to the west.  Brumback began to swing the weapon, in a firing position, back towards the officers.  Deputy Ron Dozier fired two shots from his department issued AR 15, striking Brumback and causing his death.

The Deschutes County Major Crime team was activated for the purpose of investigating the death of Stephen Brumback and to determine the facts surrounding the police officer’s use of deadly physical force.  The Major Crime Team was directed by Oregon State Police Sgt. Tom Kipp and supervised by the district attorney’s office.

CONCLUSION:

ORS 161.219 defines the limitations for the use of deadly physical force.  This statute applies to police officers and citizens alike.  A person can use deadly physical force upon another person when that person reasonably believes that the other person is using or about to use unlawful deadly physical force against a person.  It has been determined, and is the conclusion of the Deschutes County District Attorney, that the use of deadly physical force was lawful and justified.

On September 10, 2003 the Deschutes County Grand heard the testimony of the officers and witnesses and concurs in this conclusion.

FACTS AND INVESTIGATION:

(The following are summaries of conversations and reports submitted to the district attorney)

Christine Brumback, the wife of the suspect, made the phone call to the 911 center.  That phone call was recorded and reviewed by the district attorney.   It is apparent from the phone call that Stephen Brumback was intent on committing suicide.  “My emergency is my husband just loaded a 45 and he’s threatening to shoot his brains out at my house, right now, I’m serious.”

Christine Brumback remained on the phone with the 911 dispatcher throughout the incident.  While waiting for the officers to arrive, Christine describes what she observes.  She tells the dispatcher that her husband is threatening to kill himself, holding the gun pointed at his head, in his mouth, and pointed at his chest.  Even after the officers arrive at the scene, Stephen Brumback refuses to put down the gun and move away.  The officers would not get close to Brumback as he would not get away from the gun. This standoff continued until Brumback used the gun.

Deputy Dozier is the first officer to arrive at the Pine Drive location.  He remains 80 yards or further from Brumback and reports that he is holding the subject at gunpoint.  Deputy Dozier relays information to the 911 dispatch which is similar to the reports being made by Christine Brumback.

Deputy Kevin Williams arrives and begins using the PA system to negotiate with Brumback.  Deputy Williams can be heard on the 911 tape saying “Put the gun on the ground.”

Deputy Joe Deluca arrives and observes Brumback to be holding the gun pointed at his chest.

Sgt. Daren McMaster of the Sheriff’s Office is in communication with Deputy Deluca.  Sgt. McMaster expresses concern over the safety of the deputies while encouraging continued negotiation.

At 3:59 p.m., Brumback was shot.

Several civilian witnesses observed some or all of the events leading up to the shooting of Stephen Brumback:

Russell Gilbert observed Brumback with the gun in the road. He heard the officers pleading with Brumback to put the gun down and telling him everything was alright.  He observed Brumback shaking his head “no.”  Russell Gilbert told members of the Major Crime Team investigation that “from what he was hearing, Stephen intended to kill himself.”  Russell said that he thought that Brumback got the police to kill him instead.

Joe Gilbert also observed some of the incident.  He went outside when he learned about Brumback being outside with a gun.  He heard the police talking to Brumback on the PA system.  Joe Gilbert stated that he also attempted to get Brumback to put the gun down.  He said that Brumback told him to “go back in the house, Joe, its going to be alright.”  He observed Brumback pick up the gun and discharge one round.  He observed Brumback shot by the deputy.  He believed that Brumback wanted the police to shoot and kill him.

Jennifer Condon was also present and observed much of the confrontation. She confirms that the police were telling Brumback to put the gun down.  She believes that the negotiations went on for 15 to 20 minutes and perhaps longer.  She observed Brumback bring the gun out to his side and fire it.  She observed Brumback shot by the deputy.

Vicki Makinson also witnessed much of the event.  She reported that the police “Kept asking Stephen to but the gun down.  They said they were there to help him.  They said that they could help him and that he didn’t need to do this.”  She saw Brumback fire his gun and be shot by the deputy.

Gregory Savoie was an eyewitness who watched the confrontation from the Brumback residence.   He observed Brumback with the gun, waiving it around. He watched as the police arrived and began to negotiate with Brumback.  He observed Brumback, on several occasions, place the gun on the ground, within reach.  He reported to the police that “When Stephen fired the round into the ground his right arm was straight out in  a

Lateral position.  After firing the first shot he watched as Brumback’s arm began to move forward toward the front of his body and in a southerly direction”, directly toward the police.

Kenneth Tucker witnessed the incident.  His statement to the police is consistent with all other witness statements.

Deputy Ron Dozier was interviewed by Sgt. Tom Kipp of the Oregon State Police and Captain Sandi Baxter of the Bend Police Department on September 2, 2003.  Deputy Dozier told the officers that he was the primary officer on the 911 reporting a suicidal subject with a gun on Pine Drive in LaPine.  He was able to see the subject as he approached the area.  He observed that the subject was armed with a handgun and was pointing it at himself.  Deputy Dozier took a position of cover behind his driver’s door on the patrol vehicle and covered the subject with his AR 15.  The subject, later identified as Stephen Brumback and who Dozier believed to be the subject of the 911 dispatch, stopped approximately 50 yards from his patrol vehicle.  Deputy Dozier, at one point, was yelling commands to Brumback.

Deputy Kevin Williams arrived and took a covering position behind the passenger door of Deputy Dozier’s vehicle.  Deputy Williams tried to negotiate with Brumback using the patrol vehicle’s PA system.  Deputy Dozier observed Brumback communicate with Deputy Williams by either shaking his yes when asked if he wanted help, or shaking his head no when commanded to put the weapon down.  Deputy Dozier remembers that Deputy Williams was able to get Brumback, on more than one occasion, to put the gun down.  Brumback would never move away from the gun and would reacquire possession of the weapon.  Negotiations would begin again.

Deputy Dozier observed Brumback shuffle forward on his knees and pick up the handgun.  Brumback pointed the gun to the west, (perpendicular to Deputies Dozier and Williams) and shot once.  Brumback then swung the gun towards the deputies and was pointing the gun toward them.  Deputy Dozier believed that Brumback was going to shoot at them.  Deputy Dozier fired one time from the AR 15 and missed.  Brumback continued to point the weapon toward the deputies so he shot a second time, hitting Brumback.   Brumback went to a crouched position, still near the weapon.  Sgt. Darren McMaster arrived and the deputies used Deputy Dozier’s vehicle as cover to drive toward Brumback.

Deputy Kevin Williams was interviewed by  Sgt. Tom Kipp and  Captain Sandi Baxter on September 2, 2003.  Deputy Williams was at the old Sheriff’s sub-station when he heard that cover was needed for a suicidal subject on Pine Drive.  As he approached Pine Drive he observed Deputy Dozier in a position of cover behind the patrol vehicle’s driver side door.  He approached the passenger side door and took a covered position.

Deputy Williams observed Brumback approximately 50 yards away in the middle of the road.  He began to communicate with Brumback, observing Brumback shake his head
”yes” when asked if he wanted help, and “no” when told to put the weapon down.  At times Brumback would put the handgun down and move a short distance away.  Brumback would then move back to the gun and pick it up again.  Deputy Williams would then start the negotiations over again.

Brumback picked the weapon up the last time and pointed it to the West (perpendicular to Deputy Williams and Dozier) and fired one shot.  Brumback started swinging the pistol towards Deputy Dozier and himself.  Deputy Williams was thinking, “I was going to die,” and he ducked behind the patrol door believing that Brumback was going to shoot at them.  At this time he heard two shots and observed Brumback crouched on his hands and knees.  Deputy Dozier told him that he had hit Brumback with the second shot.

Deputy Joe Deluca was interviewed by Sgt. Tom Kipp and Captain Sandi Baxter on September 2, 2003.  Deputy Deluca remembers hearing the 911 dispatch of a suicidal subject on Pine Drive in Lapin.  He responded to the location.  He was following Deputy Williams on Pine Drive.  Deputy Deluca parked his vehicle to the east and behind Deputy Dozier’s vehicle.  He could observe the location of the other officers and of Brumback.  While Deputy Williams negotiated with Brumback and Deputy Dozier was covering Brumback with his rifle, Deputy Deluca provided 911 dispatch with updates on the situation.

Deputy Deluca observed Brumback put the gun down and pick it back up.  He observed Brumback move a short distance away from the gun, but never out of reaching distance.  He observed Brumback pick up the gun in his right hand, lifting it to his side and pointing it to the west (perpendicular to the deputies) and shoot. Brumback started moving the gun to a position of pointing at the deputies and he believed it was time for them to defend themselves.  He heard the shot from Deputy Dozier’s rifle and observed Brumback go down but could not see the gun. Sergeant Darren McMaster arrived on the scene and drove Deputy Dozier’s vehicle to Brumback, with Dozier and Williams using the car doors for cover.  Brumback was checked and the medical personnel were called.

THE AUTOPSY

Dr. Karen Gunson, the Oregon State Medical Examiner, performed an autopsy on Stephen Brumback on September 2, 2003.  The autopsy was observed by Detective  Mike Tabor of the Bend Police Department.  The entrance wound was located on Brumback’s right side, about 10 3/4 inches to the right of the midline and approximately inline with the nipple.  The area of entry would have been covered by Brumback’s arm if he were standing at rest.  This indicates that the arm was raised at the time he was shot.  The location of the entry wound also indicates that his upper body was bladed 90 degrees in relation to Deputy Dozier.

This entry wound is consistent with Brumback swinging his arm, holding the gun out, toward the Deputy Sheriffs.  The gun Brumback had in his hand would have been pointed in Deputy Dozier’s direction at the time of the shooting.

Dated this 10^th day of September, 2003

______________________________  

Michael T. Dugan

District Attorney

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