Grand jury finds no criminal wrongdoing in Portland police shooting of Darryel Ferguson

From the Oregonian, December 30, 2010

Darryel Dwayne Ferguson, 45.

Darryel Dwayne Ferguson, 45.

A Multnomah County grand jury today found no criminal wrongdoing by Portland police Officers Jonathan D. Kizzar or Kelly Jenson in the fatal shooting Dec. 17 of 45-year-old Darryel Dwayne Ferguson.

The transcripts of the testimony may be released late next week.

Ferguson was shot as he emerged from a unit of the Ventura Park Apartments holding a realistic-looking air pistol. Ferguson died of multiple gunshot wounds to the chest and abdomen.

The incident began with a 9-1-1 call from the Ventura Park Plaza Apartment building at the corner of Southeast Burnside and 122nd Avenue at 2:56 a.m. The caller complained that an argument had escalated to threats.

After talking to the man, police left and returned just after 3:45 a.m. This time, the caller said the same man was armed with a 9mm handgun, and had threatened to shoot him. He said the man with the gun told him last week “not to mess with his friends.”

Kizzar, 29, and Jenson, 30, went to the door to contact the man with the gun. Sgt. Pete Simpson, a spokesman for the Portland Police Bureau, said that within seconds the officers reported that shots had been fired and that the man had pointed a handgun at the officers.

Police recovered a Colt Defender BB air pistol, modeled after the model 1911 .45 caliber handgun used by the military for years.

Ferguson was battling lymphatic cancer, was HIV positive and had just completed chemotherapy, his sister said.

A motion to publicly disclose the grand jury transcripts will be presented to the presiding court judge on Tuesday. If granted, the transcripts are expected to be available by Jan. 7 on the district attorney’s website.