Mental Health Association of Portland

City of Portland: James Chasse’s beating death at hands of police was his own fault

Posted by CoffeeX3 on April 12th, 2010

Attorneys for the City of Portland will pursue an aggressive blame-the-victim defense strategy in the James Chasse case, according to court documents filed on March 29.

Chasse, who had a diagnosis of schizophrenia, was in Northwest Portland in 2006 when officers thought they saw him urinating in public. Terrified, he ran from police, but they caught up to him, tackled him, Tasered him, beat him, and kicked him, ignoring his pleas for mercy. Officers then took the dying man to jail rather than a hospital. Struggling for breath, bleeding from his mouth, his head covered with a blood-soaked “spit sock,” Chasse finally went into convulsions and died. He was 42 years old.

It took three years for the city to produce an investigation, and no Portland officer has been disciplined or held accountable for the death. Ensuing lawsuits by the family have led to a string of settlements prior to trial. Now, the only remaining defendants are the City of Portland, Officer Christopher Humphreys (who later beanbagged a 12-year-old girl), and Officer Kyle Nice (who recently pulled a gun on a civilian in a road-rage incident).

The newly filed documents include 50 pages of proposed jury instructions, in which city attorneys seek to hold Chasse responsible for his own death.

Lawyers want the jury advised that “Chasse’s pre-existing physical and mental condition, his resistance to the officers’ lawful orders and his inappropriate conduct is what caused his death.”

Further, they say, “The force used to gain physical control of Chasse and take him into custody was reasonable.” Officers also deny that their use of lethal force caused severe emotional distress.

Apprehending Chasse, who was not committing a crime, resulted in 16 broken ribs, internal injuries, a punctured lung, 46 contusions caused by kicks or punches, and, ultimately, his death.

But that level of force, claim the defendents, was not only reasonable, it was justifiable and “privileged.” They assert that they are not liable under federal or state law.

Oregon’s medical examiner, Dr. Karen Gunson, found that Chasse died of blunt-force trauma to the chest. Defense experts dispute this, offering a variety of other reasons for his death. One of these is “excited delirium,” a condition often used to explain deaths in police custody, even though it is not recognized in medicine or psychiatry. Another expert, Tillamook radiologist Dr. Michael Veverka, suggests that Chasse’s bones snapped because he had osteoporosis.

Defense expert Ken Katsaris, a law enforcement consultant from Florida, writes that “Chasse’s actions precipitated the police response.”

And that response, Katsaris adds, “should be expected by the police bureau and the public.”

2 Responses to “City of Portland: James Chasse’s beating death at hands of police was his own fault”

  1. dave Says:

    why dont we just let the police shoot and kill everyone. then we couldnt complain anymopre if we where all dead. why do we even pay a medical examiner when the cops make up their own medical terminology that kills people. and i think a idiot from Florida should run the whole city by blogs. I tell you what people if the god the christians preach is real we are all -ucke- Go shoot somebody Portland cops shoot em all. There you go now you got the right to. OK Beat them to death instead its your privelage the jerk from florida said so. You make me sick to think your justified and paid for this kind of action. Oh! get out of your car with your baby in it and branish your weapon at another motorist that’s cool safe and not child endangerment. This means we all can show off our hand guns like that right! Damit didnt think so.How does one get the right to kill another human being who do we see for these credentials? Maybe city council should go out on a limb and fire the whole damn bunch and start over. there aint no good cops i havent heard a one break rank and step out and say his partners in crime prevention are crime committing freaks themselves. Guess you have to be crazy to be a cop and even crazier to call a cop. thats scary who will keep peace when we cant call a peace officer. Portland is becoming a very dangerous place to be and or live. safer to move to iraq perhaps. Dan Saltzman kick some butt and cityu council stand behind him you wimps. or get out of office and quit being leaders who follow guilt. Better yet lets let Portland Police be the council too. they can run the whole show.

  2. Curt Says:

    I understand the need for the police to be armed and trained to kill.
    It is time to hold the police accountable for their actions this was so wrong, as well as some of the other shooting.
    Let us also look into the whole system police, guard’s ext…
    Someone could have called for medical attention it’s the whole police system, from the guy who through the first punch/kick to the guard that locked the cell door.
    Whatever happened to ‘protect and serve’ it’s been long gone for quite some time now.

    What ever happend to ‘protect and serve’ its been long gone for quite some time now.

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