PORTLAND, Ore. (KOIN) — An independent review is calling for accountability and agency reform after the 2021 shooting death of Jacob Macduff by the Tigard Police Department — citing a “lack of planning, failure to follow standard police procedure and an outdated department policy.”
The 45-page report released on Monday analyzed police actions after Macduff’s death on January 6, 2021, when officers were called to the Edgewood Manor Apartments for a domestic violence incident. Macduff, who had a knife, refused to be taken into custody. A struggle ensued and the 26-year-old was shot to death by an officer.
KOIN previous coverage: The death of Jacob Macduff
“This report confirms all my worst suspicions,” said Maria Macduff, Jacob Macduff’s mother. “My son didn’t have to die. There was no reason for the police to shoot him. And they covered up all their mistakes in their own investigations.”
According to the report, Macduff took refuge inside the cab of his pickup. Then, Officer Brent Mastrich shot a bean bag shotgun into the truck’s windshield and Officer Gabriel Maldonado smashed the driver’s side window of the cab and fired eight rounds at Macduff. The report says four officers were involved.
The review found that the department failed to look at previous calls involving Macduff and his mental health issues — including five calls that were handled without use of force or arrest.
Additionally, the report called the tactical response “chaotic,” and noted Mastrich’s use of the bean bag gun was not helpful and Maldoando had “no reason” to shoot at Macduff who did not “did not demonstrate aggression.”
The review called the official investigations of the shooting “biased and unprofessional” and pointed out that Washington County had not revised their plans for investigating police shootings in 14 years.
The report states investigators did not interview Officer Maldonado or other officers who were involved until three days after the shooting. The report says, “such a delay is inconsistent with basic investigative principles for effective and objective fact collection.”
Investigators also did not challenge the officer’s belief that Macduff was not in a mental health crisis, according to the investigation.
The Macduff family and the City of Tigard agreed to the review as part of a $3.8 million settlement in which the city took responsibility for Macduff’s death. The report was conducted by the Los Angeles-based OIR Group, which has worked with local and state governments and reviewed hundreds of officer-involved shootings.
The report concludes there is a systemic failure in the culture of policing along with “an aversion to transparency.”
Macduff family attorney Scott Levin said, “we now know with certainty the police failed Jacob Macduff and needlessly killed the young man. The Oregon Department of Justice failed the family by not securing the indictment of Officer Maldonado.”
David Park, one of the lawyers representing the Macduff family, told KOIN 6 News he hopes the police department takes “an actual objective critical look at what the facts are in relation to what’s said,” in the report and to not be afraid to say that mistakes were made and fix them.
This independent report, part of the City of Tigard’s $3.8 million settlement with the Macduff family, “is critical of actions by police officers on the scene and the subsequent governmental investigations of the shooting,” attorneys David Park and Scott Levin said in a press release.
Following the settlement, which was announced in July 2022, the City of Tigard agreed to make changes in police policy to prevent an unnecessary death of a person experiencing a mental health crisis. Macduff’s lawyers said at that time Tigard police were making several changes including de-escalation training and creating a Washington County mental health response team.
In response to the report, Tigard Police Chief Kathy McAlpine sent a letter to City Manager Steve Rhymer in February 2023 saying in part “we are open to many of the recommendations made in the report and will thoughtfully evaluate where they can be incorporated, in alignment with national best practices and Oregon law.”
McAlpine continues, “I believe it’s important to go beyond the criminal inquiry to evaluate department policies, practices and training opportunities as they relate to the events of that evening.”
The police chief said the agency has since deployed department-wide body worn cameras, added a Tigard officer to the county’s Mental Health Response Team, and provided training on barricaded subjects in vehicles and the use of less lethal options.
“Our work won’t stop there. We pride ourselves on being a learning organization. There is always room for improvement within every police agency. Gaining insight from our experiences – particularly out most challenging – is at the heart of meaningful growth,” McAlpine said.
The lawyers for the family says they want to present the findings of the report to City Council.