June 12, 2009

RE: Fatal shooting of Christopher Hamm, DOB 02/25/67, on March 8, 2009.

After reviewing all investigative reports, listening to the 911 tape, reviewing the taped interviews of all witnesses, examining all toxicology reports, attending the autopsy, and after discussing the case in-depth with the assigned detectives, The Deschutes County District Attorney’s Office has determined, under Oregon law, the fatal shooting of Christopher Hamm was not unlawful. Larry Henderson was justified in his use of deadly physical force to protect himself and his wife.

On Sunday, March 8, 2009, the Deschutes County Sheriff’s Office was contacted via 911 regarding an out-of-control subject. Jean Henderson called 911 at approximately 12:40pm reporting that her 43-year-old son Christopher Hamm was out of control, intoxicated and had assaulted her husband, Larry Henderson. Jean Henderson reported her husband had locked Christopher Hamm out of the home for their own protection, but Christopher had forcibly re-entered their home.

During the 911 call, Jean Henderson stated Christopher Hamm was armed with a hammer. On the audio recording you can hear Christopher Hamm physically breaking into the home. Jean further stated that Larry Henderson had locked himself in the bedroom to try to get away from Christopher Hamm. Jean Henderson described Christopher Hamm as having just used the hammer to break down a door leading from the garage into the home to re-enter the home.

During the 911 call with Jean Henderson, Christopher Hamm is heard on the line stating "He’s gonna be dead by the time you get here". Toward the end of the 911 call, a gunshot is heard. Jean Henderson identifies it was Christopher Hamm that was shot.

When Deschutes County Sheriff’s Deputies arrived at the Henderson’s home, they called out to the Hendersons. Jean Henderson directed the officers to enter the home and go into the master bedroom.

As Deschutes County Sheriff’s Deputies approached the home they observed the following:

1. The main garage door was open;

2. Inside the garage deputies observed the main door leading into the home had been damaged;

3. Deputies observed chunks of wood (pieces of the door and door frame) lying on the floor, blood visible on the door frame, and a large hole in the door;

4. Deputies observed additional blood drops inside the garage leading toward the two cars parked inside the garage;

5. Deputies found a broken coffee cup lying on the garage floor;

6. Deputy Crawford entered the home through the front entry and walked toward the bedroom where Christopher Hamm was located;

7. Deputy Crawford observed Christopher Hamm lying on the floor in the master bedroom, his head toward the hallway, and his feet approximately 3 feet away from a chair that was sitting up against the wall;

8. Larry Henderson was standing next to the chair, Jean Henderson was kneeling by her son;

9. Christopher Hamm had been shot in the chest with a 9mm handgun by Larry Henderson;

10. Christopher Hamm had a minor cut on his finger;

11. The 9mm handgun was located lying on a nightstand in the master bedroom, next to the chair;

12. Deputy Crawford could see what appeared to be a single gunshot wound to Christopher Hamm’s chest;

13. Deputy Crawford walked through the residence and observed a hammer lying on the kitchen floor as well as several large wood fragments from the damaged main door;

14. Deputy Crawford observed blood drops and smears in the living room and on the downstairs stair rail;

Larry and Jean Henderson were escorted out of the master bedroom by Deschutes County Deputy Gary Cima. Deputy Cima was required to assist Larry Henderson in walking from the master bedroom to the living room, due to Larry Henderson’s disabilities caused by a prior stroke.

Larry Henderson explained to Deputy Cima that Christopher Hamm had struck Larry on the face, and shoved him into the trash compactor, causing Larry Henderson to hit his head.

Detective Jeff Winters interviewed both Jean and Larry Henderson on March 8, 2009, at the Deschutes County Sheriff’s Office. Jean Henderson provided the following information:

1. Christopher Hamm was her biological son;

2. Larry Henderson is Christopher Hamm’s stepfather;

3. Christopher Hamm had a lengthy history of alcohol abuse and of becoming violent when he was drinking;

4. Christopher Hamm had recently returned to their home and was not supposed to be drinking alcohol;

5. Christopher Hamm had recently seen a doctor and was prescribed medication for depression;

6. Christopher Hamm had continued to drink alcohol, even though he had been told not to;

7. On the night of March 7, 2009, Christopher Hamm went to the Tumble Inn and drank alcohol;

8. On the morning of March 8, 2009, Christopher Hamm again was consuming alcohol;

9. Jean Henderson had confronted her son about his drinking, telling him he could not live there if he continued to drink;

10. After being confronted, Christopher Hamm continued to drink alcohol and became violent;

11. On the morning of March 8, 2009, Christopher Hamm assaulted Larry Henderson, striking him in the face and head, and causing him to fall head first into the front of the trash compactor;

12. Jean and Larry Henderson had locked Christopher Hamm out of their home after he became violent;

13. Christopher Hamm then tried to break into the vehicles parked in the garage, striking a window with a coffee cup, knowing there was a gun in each vehicle;

14. Jean Henderson was on the line with 911 at this time;

15. Jean Henderson was watching as Christopher Hamm then forcibly broke his way into the home, by smashing through the main door between the garage and kitchen area with a hammer;

16. A short time after Christopher Hamm forcibly broke into the home, Jean Henderson heard a single gunshot;

17. When Jean Henderson went to investigate, she saw Christopher Hamm lying on the floor of the master bedroom with a single gunshot wound in his chest;

18. Jean Henderson attempted to provide aid to her son.

Larry Henderson provided the following information to Detective Winters:

1. On the morning of March 8, 2009, Christopher Hamm was violent;

2. Christopher Hamm struck Larry Henderson on the left side of his head three times and forced him to the kitchen floor;

3. Christopher Hamm then directed his attention toward his mother, Jean Henderson, and began verbally attacking her;

4. Christopher then again redirected his rage toward Larry Henderson and again struck Larry in the head;

5. After being attacked by Christopher Hamm, Larry Henderson retreated into the master bedroom where he attempted to lock the door to avoid further confrontation with Christopher Hamm;

6. Larry Henderson was scared based on Christopher Hamm’s behavior and escalating violence;

7. Larry Henderson got out his 9mm handgun and sat down in a chair against the far wall of the master bedroom, away from the door, facing the door;

8. Larry remained seated in the chair with the gun in his left hand, resting in his lap, with a round chambered ready to fire;

9. Larry Henderson had a stroke within the past couple of years and lost function in the right side of his body;

10. Larry Henderson had been right handed all his life and had been relearning how to do things left handed after the stroke;

11. Larry Henderson needed assistance to walk;

12. While Larry Henderson was sitting in the chair, the master bedroom door swung open and Christopher Hamm came into the room;

13. Larry Henderson was scared for his life, he did not see any weapon in Christopher Hamm’s hands, but noticed Christopher was agitated;

14. Larry Henderson raised the gun with his left hand, pointed it at Christopher, and told Christopher "don’t come near me";

15. Christopher Hamm did not comply, he clenched both fists, raised them up near shoulder level, and stated "you’re going to have to fucking shoot me";

16. Christopher Hamm then charged forward toward Larry Henderson;

17. Larry Henderson fired a single shot hitting Christopher Hamm in the upper chest area;

18. Larry Henderson was in fear for his life when he fired the shot;

19. Christopher Hamm was approximately 3 to 5 feet away at the time the shot was fired;

20. Once shot, Christopher Hamm stopped his advance toward Larry Henderson and fell to the floor;

21. Jean Henderson came into the master bedroom and attempted to provide aid to her son.

Both Jean and Larry Henderson were cooperative throughout this investigation. The statements given by both Jean and Larry Henderson are corroborated by the physical findings at the scene, the autopsy, the toxicology reports and by all evidence gathered in this investigation. The Henderson’s statements have remained consistent throughout the investigation.

The Deschutes County Sheriff’s Office completed a detailed and thorough investigation into the fatal shooting of Christopher Hamm. The autopsy was consistent with a close range gunshot, fired from approximately 3 to 5 feet away. The toxicology report corroborated the report Christopher Hamm had been drinking alcohol. Christopher Hamm had a .18 blood alcohol content. Larry Henderson had consumed no alcohol.

Oregon law provides as follows:

ORS 161.205: Use of physical force generally

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971.

161.209: Self defense or defense of another [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.

161.219: Limitations on use of deadly physical force in defense of a person

Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

(2) Committing or attempting to commit a burglary in a dwelling; or

(3) Using or about to use unlawful deadly physical force against a person.

Cases involving self defense are evaluated on a case-by-case basis and are fact specific. The fatal shooting of Christopher Hamm was lawful and justified. Larry Henderson was justified in his use of deadly force to protect himself, based on his reasonable belief Christopher Hamm had committed a felony crime and that Christopher Hamm was about to use unlawful deadly force against Larry Henderson. Christopher Hamm was intoxicated, had forcibly broke into the Henderson’s residence, and had already physically assaulted Larry Henderson prior to the fatal shooting. Just prior to the fatal shooting, Christopher Hamm stated to the 911 operator "He’s gonna be dead by the time you get here", making it clear what his intentions were.

Larry Henderson was justified in using deadly force to protect his own life. The Deschutes County District Attorney’s Office has determined, under Oregon law, Larry Henderson is not criminally responsible for the death of Christopher Hamm.

Kandy K. Gies

Deputy District Attorney

Deschutes County

Michael T. Dugan

Deschutes County District Attorney