Mental Health Association of Portland

Oregon's independent and impartial mental health advocate

What Happened to Merle Hatch

Posted by Jenny on 18th February 2013

130218-Portland-Adventist-Shooting-660

Officer-involved shooting takes man’s life at Adventist Medical Center

By Alastair Jamieson, NBC News, Feb. 18, 2013

An “officer-involved shooting investigation” has been launched after a suspected gunman’s death at a Portland, Ore., hospital.

Officers were called to the Adventist Medical Center in south-east Portland  at 9:30 p.m. Sunday local time (0:30 a.m. ET Monday) following reports of a man with a gun on the hospital’s grounds, city police spokesman Pete Simpson said in a statement.

Police encountered the suspect as they locked-down the hospital and its campus, according to Simpson.

“Shots were fired and the suspect is deceased,” the statement said. “Portland Police are now in the very early stages of an officer-involved shooting investigation.”

Judy Leach, spokeswoman for the Adventist Medical Center, said the hospital “issued a code silver as a result of a combative person on the premises.”

She added: “There were no injuries to any patients or staff. The suspect is officially deceased. Portland Police continue to investigate the incident.

“The health, security, and safety of our patients, physicians, and staff is our number one priority. The policy put into place worked. Counselors and chaplains are on hand for anyone requiring services.”


Update on Officer-Involved Shooting at Portland Adventist Medical Center

Portland Police Bureau press release, Feb. 18, 2013

The Portland Police Bureau is continuing to investigate the circumstances surrounding the officer-involved shooting on Sunday evening in the parking lot of Portland Adventist Medical Center (PAMC), located at 10123 Southeast Market Street.

On Sunday February 17, 2013, at 9:24 p.m., Portland Police officers assigned to East Precinct responded to PAMC on the report of someone in the courtyard armed with a black handgun. As multiple officers were enroute, additional information was broadcast that the suspect was a patient and was currently in the employee parking lot. Additionally, information was given to 9-1-1 dispatchers that the suspect pointed a gun at a PAMC Security vehicle.

As officers and sergeants began arriving in the area, they immediately began to develop a plan to safely address the situation. Officers requested that PAMC go into lock-down and a Sergeant requested that Project Respond and Portland Police Air Support be called out to the scene. Additionally, a K-9 Unit and Medical Personnel were asked to respond.

Officers encountered the suspect in the PAMC employee parking lot and began giving him commands. During the course of the encounter, three officers fired shots at the suspect, who fell to the ground. Officers immediately approached the downed suspect with a ballistic shield and rendered medical aid. Medical personnel checked the suspect and confirmed he was deceased.

An autopsy is scheduled for Tuesday morning by the Oregon State Medical Examiner. The suspect’s name will be released after he has been identified and family notifications have been done.

The three involved Bureau members are all assigned to East Precinct afternoon shift: Sergeant Nathan Voeller a 12-year-veteran; Officer Andrew Hearst, a 3-year-veteran; and Officer Royce Curtiss, a 7-year-veteran.

As is standard procedure, all three involved members will remain on paid administrative leave pending the ongoing investigation and are scheduled to be interviewed on Wednesday February 20, 2013.

To protect the integrity of this ongoing officer-involved shooting investigation, no additional details on this case will be released until sometime late Wednesday.

Once the investigation is complete, the entire case will be presented to the District Attorney’s Office who will schedule a Grand Jury.

Representatives from the Chief’s Office, Mayor’s Office, Office of Professional Standards, Office of Independent Police Review (IPR), and the Multnomah County District Attorney’s Office were at the scene on Sunday night and have been briefed on the status of the investigation.


Portland AdventistMan shot and killed by police at Portland Adventist Medical Center was an emergency room patient

A man shot and killed by Portland police Sunday night was an emergency room patient at Portland Adventist Medical Center, a hospital spokeswoman said.”He came into the emergency department and then left the emergency department,” said Judy Leach, director of marketing and communication for the hospital.Police spokesman Sgt. Pete Simpson said the dead man’s identity remains unknown. An autopsy is planned by the Multnomah County Medical Examiner on Tuesday.”We don’t know who he is, but maybe the M.E. can work their magic and help us find out,” Simpson.Three officers from the Portland Police Bureau’s East Precinct, who all fired shots during the incident, were placed on paid administrative leave while the shooting is under investigation.

Simpson said officers were called to the employee parking lot at 9:24 p.m. on the report of a man in the hospital’s courtyard armed with a black handgun. As officers sped to the scene, dispatchers told officers that callers to 9-1-1 now said the man was patient at the hospital and that he had pointed the gun at a medical center security guard’s vehicle.

Simpson said officers and supervisors developed a plan to safely handle the situation, telling hospital staff to lock-down the building.

They also activated Project Respond member, which parks an officer with a mental health expert. The program provides 24-hour, 7-day-a-week coverage to help officers deal with people who are in mental health crisis.

Officers also called for the bureau’s air support unit, a K-9 unit and paramedics to respond to the scene.

During the encounter with the man, officers gave him several commands. All three officers then fired at the man, who fell to the ground.

The officers approached the man from behind ballistic shields and rendered first aid; paramedics pronounced the man dead at the scene.


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The three officers involved in the shooting were identified as Sergeant Nathan Voeller a 12-year-veteran; Officer Andrew Hearst, a 3-year-veteran; and Officer Royce Curtiss, a 7-year-veteran.

Leach said the hospital activated an emergency plan known as “code silver,” which means there is an armed, combative subject on hospital grounds.

“We practice these scenarios all the time,” Leach said.

This is the first fatal shooting of a suspect since the Justice Department found in September that Portland police engage in a pattern of excessive force against people who suffer from or appear to suffer from mental illness, and the first fatal officer-involved shooting since Mayor Charlie Hales took office.

Simpson said Hales visited the shooting scene overnight, and received a briefing on the incident by Chief Mike Reese Monday morning.

Simpson said once the investigation is finished, details of Sunday’s shooting will be presented to the Multnomah County District Attorney’s Office and reviewed by a grand jury.

The last fatal officer involved shooting by Portland police occurred on July 28, 2012. Billy Wayne Simms, 28, was shot six times and killed by Portland police in the parking lot of a 7-Eleven at 6840 N. Fessenden St. Officer Justin Clary told a grand jury he fired his AR-15 rifle through the passenger window of Simms’ car after he thought Simms was reaching for a gun in the car’s center console.

A .22-caliber handgun was found tucked into his waistband, near his right rear hip. A grand jury found no criminal wrongdoing by police.

The last officer-involved shooting occurred on September 29. A Multnomah County grand jury also found no criminal wrongdoing by two Portland police officers who shot and wounded Joshua Stephen Baker.

Baker, 27,  was charged with attempted murder with a firearm, first-degree assault with a firearm, felony elude, fourth-degree assault involving domestic violence and two counts of menacing.

The incident stemmed from a domestic violence assault at the Hathaway Apartments on Southeast 134th Avenue. A Good Samaritan had tried to intervene, but was allegedly shot by Baker.


Identity released of man shot by police at Adventist hospital

By KGW Staff and Associated Press, Feb. 18, 2013

The man shot and killed by officers responding to reports of an armed gunman at Portland Adventist hospital has been identfied as Merle M. Hatch, 50.

Officers responded Sunday evening about 9:30 to the Southeast Portland hospital after the initial report of a man with a gun in the courtyard, according to police bureau spokesman Sgt. Pete Simpson.

As officers were on the way, they learned the suspect was a patient.

The patient told a staff member that he had a gun and would use it on the employee, before demanding the employee lead him to the exit, a hospital spokesperson later said.

The hospital initiated what’s called a “Code Silver,” which means a staff member has seen an armed, combative person on premises, said hospital spokeswoman Judy Leach.

The suspect left alone, and hospital security saw him outside on hospital grounds.

The suspect was in the employee parking lot, and had pointed the gun at a security guard’s vehicle, Simpson said. Officers “encountered the suspect in the PAMC employee parking lot and began giving him commands.”

Three officers fired shots at the suspect, who fell to the ground, according to a police report.

Officers administered first aid and called for medics. The man was later pronounced dead. An autopsy was scheduled for Tuesday morning.

The three involved officers are all assigned to the East Precinct: Sergeant Nathan Voeller a 12-year-veteran; Officer Andrew Hearst, a 3-year-veteran; and Officer Royce Curtiss, a 7-year-veteran.

A witness told KGW he heard nine shots fired.

“We appreciate the vigilance of individuals who helped keep this a safe community,” Leach said.


Man shot dead at Portland Adventist Medical Center was federal escapee

Portland Adventist Medical Center

Portland Adventist Medical Center

By Bryan Denson, The Oregonian, Feb. 19, 2013

The man fatally shot by Portland police was identified Tuesday as 50-year-old Merle M. Hatch, a long-time convict who was supposed to turn himself into a Colorado pre-release center but failed to report.An autopsy is scheduled this morning for Hatch, who was released from the medium-security federal prison in Sheridan on Feb. 12 with orders to report that evening to the Independence House-South Federal Center, in Colorado.

The U.S. Bureau of Prisons listed Hatch as an escapee at 9:01 p.m. that day.

Hatch checked into the emergency room Sunday evening at Portland Adventist Medical Center, then threatened a hospital employee with a gun, authorities said Monday.

He walked out abruptly and pointed the gun at a security car in an employee parking lot, police said. He was shot soon after emergency responders arrived.

Mary Hatch, Merle Hatch’s mother, said she hadn’t seen her son in two decades. She said Hatch lived in Colorado. She didn’t know how he ended up in Portland.

“He was troubled,” said Hatch, who lives in Iowa. “He was in and out of prison most of his adult life. He got into drugs early. There wasn’t much left of the person we knew as a kid growing up.”

She said her husband last saw their son 15 or 20 years ago and that he looked like he’d fallen on hard times. Public records show Hatch had an extensive criminal history, including arrests for drug-related crimes and a 2004 conviction in U.S. District Court in Colorado for bank robbery.

She said her son never married, had no children and no employment. She said he regularly got into trouble with the law. He stole to pay for drugs, she said. “Boy, does that ruin more people than we can even shake a stick at,” she said.

While serving a 10-year stretch for bank robbery at the U.S. Penitentiary in Florence, Colo., in July 2009, Hatch wrote a polite note to the judge who sentenced him in hopes of correcting the record on his criminal history.

“Your Honor, Good day and God bless,” he began. “I was convicted of bank robbery in your court 5 years ago. I received 10  1/2 years. At that time the court used a prior felony against me and counted it as violent.”

The prior violent crime wrongly tacked on time to his sentence, Hatch wrote, because the court believed he had robbed an occupied dwelling.

“But the condominium was not occupied,” he wrote. “It was vacant and up for sale at the time of the offense . . . thereby making it a non-violent crime. I would like to ask if you would reconsider my sentence in light of this. Thank you for your time. Merle Hatch.”

No action appears to have been taken on Hatch’s request, based on available records.


Man killed by police at Portland hospital was an escaped federal prisoner

Merle Hatch

Merle Hatch

A man who was shot and killed by police officers in a Portland hospital parking lot Sunday night was considered an escaped prisoner after failing to report to a federal halfway house in Colorado last week.

According to court documents obtained by KOIN, on Feb. 12, 50-year-old Merle Hatch was supposed to report to the Independence House-South Federal Center in Denver after being temporarily released from the Federal Correctional Institution in Sheridan, Ore.

Hatch failed to report to the halfway house, and at 9 p.m. on Feb. 12, his status was changed to escaped, according to a letter sent Feb. 13 from Marion Feather, warden for FCI Sheridan, to U.S. District Court Judge Marcia S. Krieger.

Hatch was serving time for a federal conviction in 2004 for bank robbery out of Colorado. He was sentenced in January 2005 by Judge Krieger to 125 months in prison and three years of post-prison supervision.

According to Paul Thompson, satellite operations administrator with FCI Sheridan, Hatch was given a commercial airline ticket and an itinerary. He was not accompanied on the trip. Thompson did not confirm what prompted Hatch’s transfer to the halfway house.

Merle Hatch’s father, Robert Hatch, described his son as troubled.  Robert Hatch, who lives in Iowa, told KOIN by phone early Tuesday morning that the Multnomah County Medical Examiner notified him and his wife that their son had been killed.

“We hadn’t seen him in 15 to 20 years,” Hatch said.

Hatch said homicide detectives with the Portland Police Bureau have not provided the family with any details about what occurred Sunday night.

Portland police responded to Adventist Medical Center after a man reportedly threatened an employee and claimed to be carrying a handgun. Officers found the suspect in a parking lot. At some point, after yelling commands, three officers shot him dead. The involved officers, identified as Sgt. Nathan Voeller, Officer Andrew Hearst and Officer Royce Curtiss, are on paid administrative leave.

Officials confirmed that Hatch checked into the hospital as an emergency room patient. The details of his visit were not released because of privacy laws.

Hatch said his son continuously go into trouble as a child and adult.

“I think that would be a fair way to put it,” Hatch said.

The family struggled at times because Merle Hatch started using drugs.

“He’d use just about any kind of drug,” Hatch said.

Hatch said he did not know why his son would have checked himself into the hospital. He said the last time he and his wife saw their son was 15-years-ago in Colorado. Robert Hatch said his son was not married and did not have any children. He described his upbringing as typical.

“He played football,” Hatch said. “He grew up here in Iowa.”

The medical examiner will perform an autopsy on Hatch’s body sometime Tuesday.

Portland Police said homicide detectives will continue to investigate the circumstances involved with the shooting. Once their investigation is complete, the Multnomah County District Attorney’s Office will present the case to a grand jury.


Merle Hatch goaded Portland police, raced toward officers before they shot him

By Maxine Bernstein, The Oregonian, Feb. 21, 2013

Police said they believed Merle Hatch had a gun.  It was actually a phone receiver.

Police said they believed Merle Hatch had a gun. It was actually a phone receiver.

Merle M. Hatch taunted police, telling them to “Come on, play,” after they rushed to Portland Adventist Medical Center on reports of a man threatening staff and security guards with a gun.

In the darkened employee parking lot Sunday night, Hatch can be heard on a cellphone video yelling: “Close as you gonna get? That ain’t close enough, come on.”

Hatch shouted that he “ain’t gonna draw” and goaded the officers with obscenities to “come from behind you all, do something” and “One a ya, anyone a ya. I can’t see ya anyway.”

When an East Precinct sergeant and two officers — huddled about 80 yards away in the driveway outside the emergency room — didn’t react, Hatch yelled: “I’m coming to you then, pig. Let’s go! Let’s go!”

Hatch ran toward them. Police shouted “Stop” and “Hands up!” Hatch responded: “One! Two! Three!”

When he got within 14 yards of them, the sergeant and officers each fired multiple rounds, killing Hatch. He fell on his back.

WATCH – press conference on Merle Hatch’s death

Police on Wednesday released the video taken by a resident who was leaning out his window across the street from the hospital and confirmed that Hatch didn’t have a gun.

After the shooting, officers found half of a black telephone handle a few inches from Hatch’s right hand that they believe he used to simulate a handgun.

In the minutes leading up to the shooting, officers can be heard on police dispatch audio alerting their colleagues emphatically several times that the suspect had a gun.

LISTEN - 911 dispatch tape

“He does have a gun, probably in the right hand,” one officer radioed. Just before the shooting, an officer radioed, “He’s got the gun in his hand.” Even after Hatch went down, an officer radioed: “Shots fired, Code 3 medical. He’s still got the gun in his hand.”

Hatch, 50, had stolen the plastic phone handle from the hospital’s emergency room earlier that night, police said. They say he used it to simulate a gun when he threatened a female security guard inside the hospital and then pointed it at a security vehicle in the parking lot.

The shooting occurred at 9:36 p.m., just 12 minutes after police were called to the parking lot and before other help that police had summoned could get there.

“I think it’s safe to say everyone thought it was a gun they were looking at,” Assistant Chief Donna Henderson said.

The case will now go to a Multnomah County grand jury for review during the first full week of March, said Don Rees, a chief deputy district attorney. The grand jury testimony likely will be recorded, with a transcript made public.

Chief Mike Reese said the officers “intentionally kept their distance,” but the encounter unfolded quickly. On the way to the call, a police sergeant had asked for a mental health crisis worker, a police dog and a police plane to respond, “but there was no time for these resources to arrive,” Reese said.

Police declined to say how many gunshots were fired, but at least eight are heard on the video. They withheld information that Hatch didn’t have a gun until Wednesday “basically for the integrity of the investigation,” Henderson said.

Nathan Voeller, the East Precinct afternoon shift sergeant, and Officers Andrew Hearst and Royce Curtiss each fired shots. They were interviewed by police detectives Wednesday morning, more than 48 hours after the shooting. Voeller, 34, has been with the bureau for 12 years, Curtiss, 31, for seven years and Hearst, 25, for three years.

Voeller was involved in the fatal police shooting of unarmed fugitive David E. Hughes in November 2006. He fired seven rounds from an AR-15 rifle. Two other officers also fired their handguns.

Voeller also worked as one of the Police Bureau’s lead defensive tactics instructors before his recent promotion to sergeant. In February 2012, he was among police trainers who was set to testify in support of Officer Ron Frashour in federal court. Frashour shot an unarmed man in the back in 2010. Voeller noted that Portland officers are trained that they don’t need to see a gun before using lethal force if they believe a suspect poses an immediate risk of death or serious injury.

Two years ago, Hearst was among the officers who responded to the same hospital after a man had suffered a heart attack and crashed his car in the hospital’s lot. Hearst had tried to summon medical help from the ER, only to be told to call 9-1-1.

Police did not say why Hatch had gone to the hospital’s emergency room. Police didn’t know until later that Hatch had an extensive criminal history, including arrests for drug-related crimes and a 2004 conviction in U.S. District Court in Colorado for bank robbery.

At the time Hatch was shot, he was considered a federal prison escapee for failing to report the night of Feb. 12 to a halfway house in Colorado after his release from federal prison in Sheridan that same day on a bank robbery conviction. He was supposed to board a plane bound for Denver.

Police have since tied him to a robbery of a Wells Fargo bank in Clackamas last Friday and the robbery of the Albina Community Bank off Northeast Sandy Boulevard last Wednesday.


Autopsy says Merle Hatch, killed by police after threats, died of multiple gunshot wounds

Federal fugitive Merle M. Hatch died of multiple gunshot wounds after three police officers fired at him Sunday night outside Portland Adventist Medical Center, according to autopsy results released Tuesday.Hatch was a career criminal with arrests in California, Arizona and Colorado on various charges, including burglary, bank robbery, theft and homicide, Portland police said.He had been released from the federal prison in Sheridan on Feb. 12 with orders to report that evening to the Independence House-South Federal Center, a pre-release facility in Colorado.

Hatch was driven from Sheridan by car that day with a ticket and an understanding that he would get on a plane bound for Denver, according to the U.S. Marshals Service in Portland.

But he didn’t arrive in Colorado as scheduled and the U.S. Bureau of Prisons listed Hatch as an escapee at 9:01 p.m. that evening.

On Sunday evening, Hatch checked into the emergency room at Portland Adventist Medical Center, 10123 S.E. Market St., then threatened a hospital employee, saying he had a gun, authorities said.

He then walked out and allegedly pointed a gun at a security car in an employee parking lot, police said. Police responded to a 9-1-1 call at 9:24 p.m. and some of the officers found Hatch and began giving him commands. A short time later, they shot him.

Asked Tuesday if a gun was recovered from Hatch at the scene of the shooting, police spokesman Sgt. Pete Simpson would say only that the bureau would release additional details late Wednesday “after all the interviews are complete.”Mary Hatch, Merle Hatch’s mother, said she hadn’t seen her son in two decades. She said Hatch lived in Colorado. She didn’t know how he ended up in Portland.

“He was troubled,” said Hatch, who lives in Iowa. “He was in and out of prison most of his adult life. He got into drugs early. There wasn’t much left of the person we knew as a kid growing up.”

She said her husband last saw their son 15 or 20 years ago and that he looked like he’d fallen on hard times. Public records show Hatch had an extensive criminal history, including arrests for drug-related crimes and a 2004 conviction in U.S. District Court in Colorado for bank robbery.

She said that to her knowledge, her son never married, had no children and no employment. She said he regularly got into trouble with the law. He stole to pay for drugs, she said. “Boy, does that ruin more people than we can even shake a stick at,” she said.

While serving a 10-year stretch for bank robbery at the U.S. Penitentiary in Florence, Colo., in July 2009, Hatch wrote a polite note to the judge who sentenced him in hopes of correcting the record on his criminal history.

“Your Honor, Good day and God bless,” he began. “I was convicted of bank robbery in your court 5 years ago. I received 10 1/2 years. At that time the court used a prior felony against me and counted it as violent.”

The earlier crime wrongly tacked on time to his sentence, Hatch wrote, because the court believed he had robbed an occupied dwelling.

“But the condominium was not occupied,” he wrote. “It was vacant and up for sale at the time of the offense . . . thereby making it a non-violent crime. I would like to ask if you would reconsider my sentence in light of this. Thank you for your time. Merle Hatch.”

No action appears to have been taken on Hatch’s request, based on available records.


Portland police shooting: Grand jury transcripts released in case of fugitive Merle Hatch

From the Oregonian, March 20, 2013

The Multnomah County District Attorney’s Office just released the transcripts from a grand jury review of the Feb. 17 Portland police fatal shooting of Merle M. Hatch, 50, outside Portland Adventist Medical Center.

Read the transcripts:
Merle Hatch Grand Jury testimony #1 PDF
Merle Hatch Grand Jury testimony #2 PDF
Merle Hatch Grand Jury testimony #3 – Redacted version PDF

The grand jury in the Hatch case found no criminal wrongdoing by a sergeant and two officers who shot and killed. Police had been called to the hospital on reports of a man threatening staff and security with a gun.

East Precinct Sgt. Nathan Voeller and Officers Andrew Hearst and Royce Curtiss found Hatch in a darkened hospital employee parking lot. A cellphone video recorded by a witness and released by police shows Hatch taunting police.

“Close as you gonna get? That ain’t close enough, come on,” Hatch is heard yelling. When the sergeant and officers — huddled about 80 yards away in the driveway outside the emergency room — didn’t react, Hatch yelled: “I’m coming to you then, pig. Let’s go! Let’s go!”

Hatch ran toward the officers. Police shouted “Stop!” and “Hands up!” and fired multiple rounds at Hatch when he was 42 feet from them, police said. Police found half of a black telephone handle beside Hatch’s right hand that they believe he had stolen from the hospital and used to simulate a gun.

Police haven’t said why Hatch had gone to the hospital’s emergency room. At the time he was shot, Hatch was considered a federal prison escapee for failing to report the night of Feb. 12 to a halfway house in Colorado after his release from federal prison in Sheridan that same day on a bank robbery conviction. He was supposed to board a plane for Denver.


Merle Hatch, killed by Portland police, was in mental health wing at Portland Adventist

By Helen Jung, The Oregonian, March 21, 2013

Merle M. Hatch came to Portland Adventist Medical Center on Feb. 17 convinced that two people were out to kill him. But he didn’t appear to have a medical complaint.

Instead, the 50-year-old seemed paranoid, focused on his alleged pursuers and at one point said, “Tonight is not a bad night to die.”

That’s according to Richard Butler, a security guard who sat with Hatch for about an hour as he waited for a doctor in a wing for mental health patients.

Butler was one of 18 witnesses to testify before a Multnomah County grand jury about the shooting. The grand jury cleared Sgt. Nathan Voeller and Officers Andrew Hearst and Royce Curtiss of criminal wrongdoing in the fatal shooting of Hatch outside the Southeast Portland hospital.

On Wednesday, prosecutors released transcripts of the grand jury testimony, revealing new details of what happened.

Hatch had voluntarily come to the hospital earlier that Sunday evening, under the name Daniel Fox, according to Butler and another security officer, Carol Graff.

He told a nurse that he had used methamphetamine about three days earlier, Butler recalled. State medical examiner Karen Gunson also noted scratches on Hatch’s arms that are common among those who use meth or cocaine.

Around 9:20 p.m. he came out of his room, said Graff, who was watching him. She offered to get a nurse or a doctor for him, but he told her that he was going to leave and she was going to go with him, Graff testified.

Hatch told her he had a gun, threatened to shoot her if she didn’t do as he said, and lifted his shirt where she saw something black tucked into his waistband. The item was later found to be a broken telephone handset.

He had Graff walk with him out of the secured mental health wing to the ER waiting room as she mouthed “help” to staff.

Hatch then ran out of the doors of the emergency room, she said, and she radioed for help alerting others to the “code silver” indicating there was an armed patient.

Two students from the neighboring nursing school campus noted that Hatch was acting strangely as he walked around the parking lot outside the hospital. Butler, who was driving in the parking lot, came across Hatch. Hatch appeared to point a weapon at him.

As police officers arrived, Hatch started making a lot of noise, Sgt. Voeller testified.

Seeing the man in the darkened parking lot, about 70 yards away, Voeller recalled that Hatch looked “almost like a gorilla in a cage pacing back and forth, trying to make himself look kind of big.”

At one point, Voeller said, Hatch appeared to point a gun at the officers. But Hatch was still a fair distance away, Voeller said, adding that he hoped to de-escalate the situation.

Officers ordered the hospital locked down and made their way into the fenced parking lot where Hatch was, Voeller said.

But they missed an opportunity to use a beanbag shotgun when Hatch was briefly within 25 yards, Voeller said. A canine unit hadn’t yet arrived on scene, Voeller said.

He saw Hatch sit down on the roof of an SUV in the parking lot and hoped he was losing steam, Voeller said. If Hatch calmed down enough, it could allow a mental health counselor to make contact, he said.

But Voeller saw Hatch jump down from the SUV. Hatch yelled more taunts at the officers, at one point shouting: “I’m coming to you then, pig. Let’s go! Let’s go!”

Hatch headed toward Voeller and the other officers, the sergeant testified, closing in from about 70 yards away. Hatch quickened his step, first to a jog and then sprinting from about 30 yards away with what appeared to be a gun aimed at them, Voeller said.

Despite a police officer’s calls to stop and “Hands up,” Hatch yelled: “One. Two. Three” according to smartphone video taken by a witness.

Voeller interpreted the counting as “an ultimatum…He’s going to kill us.”

Seconds later, Voeller and the two officers fired 19 rounds at Hatch. Six shots struck him and two were fatal, with one hitting his right chest and the other piercing his liver, gallbladder and left kidney.

At the time he was shot, Hatch was considered a federal prison escapee for failing to report the night of Feb. 12 to a halfway house in Colorado after his release from federal prison in Sheridan that same day on a bank robbery conviction. He was supposed to board a plane bound for Denver.

Hatch was also identified as a suspect in two bank robberies between the time he was release and when he was shot. Authorities say he robbed an Albina Community Bank along Northeast Sandy Boulevard on Feb. 13, and a Wells Fargo bank in Clackamas on Feb. 15.


Portland Police Bureau releases files in Merle Hatch shooting

PORTLAND POLICE BUREAU NEWS RELEASE – March 25, 2013

Police Reports Released on Officer-Involved Shooting at Portland Adventist Medical Center

The Portland Police Bureau is releasing all the investigative reports associated with the officer-involved shooting that occurred on February 17, 2013, involving Merle Mikal Hatch, following the conclusion of the recent Grand Jury on this case.

READMerle Hatch reports released by PPB (PDF, 20MB)

LISTENMerle Hatch 911 audio.mp3

WATCH – witness cell phone video:

The files can also be found at: https://www.portlandoregon.gov/police/61944

As with all officer-involved shootings, the review will continue through the Bureau’s Use of Force Review Board which reviews policies and training in regard to this shooting.

###PPB###

 

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What happened to Billy Wayne Simms

Posted by admin2 on 29th July 2012

One dead in Portland officer-involved shooting

From KGW.com, July 28, 2012

A police officer opened fire on a shooting suspect’s car causing it to slam into an apartment in north Portland Saturday, authorities said.

The Special Emergency Response Team was called to the scene and determined that the driver was dead, said Lt. Robert King of the Portland Police Bureau.

Police were looking for a dark colored car after the driver reportedly shot at another vehicle with five people inside near Southeast 122nd Avenue and Southeast Division at 12:30 p.m., King said.

Police were searching for two white male suspects in their 20s who were in the suspect car. Officers learned the car was at a convenience store near North Columbia Way and North Fessenden Street, King said.

Police conducted a high risk traffic stop, and one passenger got out and cooperated with officers, but the driver of the car pulled out onto North Fessenden Street, King said.

An officer then fired his weapon at the car, which then drove through an exterior wall and into an apartment, King said.

The apartment was unoccupied and no one was inured.

The white adult male driver was killed.

One person was taken into custody.


Police identify victim from officer-involved shooting

From The Oregonian, July 29, 2012

Billy Wayne Simms, 28, was killed by Officer Justin Clary in North Portland.

Billy Wayne Simms, 28, was killed by Officer Justin Clary in North Portland.

The deceased man from Saturday’s officer-involved shooting has been identified as 28-year-old Billy Wayne Simms.

The officer involved is Officer Justin Clary, a 10-year veteran of the Portland Police Bureau assigned to North Precinct.

Clary fatally wounded Simms in North Portland Saturday, just an hour after an occupant of the same car allegedly fired at a vehicle in southeast Portland.

Simms then smashed into the exterior wall of a nearby apartment, where he was found dead.

The incident began with officers responding to a call of a shooting at Southeast Division and 122nd Avenue.

Investigators learned that five people were in the car that was shot at on 122nd at Southeast Division. The car contained 47-year-old Paul Polen and four other occupants ranging in age from 14 to 23.

Investigators believe Simms shot at Polen and the other occupants before officers arrived on the scene. They have also learned that Simms is believed to be one of three suspects involved in an armed robbery of marijuana on July 23 from a residence located in the 10400 block of Southwest Division St.

The victim of the robbery gave officers the license plate of the suspect vehicle that matched Simms’ car.

Simms was identified again as a suspect again on July 20 by attempting to pass a counterfeit $20 at the McDonalds at 10050 S.W. Barbur Blvd.

Investigators have processed the suspect vehicle for evidence and found a handgun in the car.

The investigation is continuing, but the Multnomah County Districts Attorney’s Office will convene a Grand Jury. The Portland Police Bureau will also conduct an Internal Affairs Investigation following the Grand Jury.

Detectives are asking anyone with information about this case to contact Detective Rico Beniga at 503-823-0457.


Police ID man killed in officer-involved shooting

From KOIN.com, July 30, 2012

SERT officers at the scene of the shooting.

SERT officers at the scene of the shooting.

Police have identified the man killed by a Portland police officer Saturday afternoon as 28-year-old Billy Wayne Simms.

Police said an officer opened fire during a high risk stop in the parking lot of a 7-11 and Shell gas station on North Columbia Way and North Fessenden.

Lt. Robert King, spokesman for the Portland Police Bureau, said Simms was wanted for an attempted shooting earlier in the day near Southeast Stark and 122nd. When officers spotted the car Simms had been driving, they tried to stop him and another suspect as they were leaving 7-11.

King said one of the men cooperated but Simms didn’t comply, instead officers say he drove away and was shot by Portland police officer Justin Clary, a 10-year veteran.After Clary fired, Simms crashed the car into an apartment building across the street. Simms was pronounced dead at the scene.

No one was home, but next door neighbor, Meka Curry, said she heard four or five shots then what felt like an earthquake.

“The shots came first then the car,” Curry said.

Investigators said five people were in the car Simms is accused of shooting at in Southeast Portland.

Simms family released a statement Sunday night saying:

After receiving several phone calls informing us our family member had been shot by the police, we rushed to the scene only to sit and wait for SEVEN HOURS before we were given confirmation that the deceased was, in fact, our family member Billy Simms. The lack of information from the Portland Police Bureau was very disrespectful to an entire family including nieces, nephews, and a younger brother who was receiving information through twitter and other media outlets. Other family sitting at the scene had to endure the unknown as they watched the body being pulled from the vehicle at a distance, still unsure if the victim was indeed related to us.

Investigators believe Simms was involved in an armed robbery of a marijuana grow at a home in the 10400 block of Southwest Division on July 23. Officers said three suspects stole marijuana plants from a man at gunpoint, firing a shot inside the house before leaving. The victim in the marijuana robbery gave police a vehicle description matching the vehicle Simms was driving Saturday afternoon when he was shot at 7-11.

Detectives believe Simms was also involved in an incident at McDonald’s, located at 10050 Southwest Barbur Boulevard, on July 20 when suspects tried to use counterfeit twenty dollar bills. Witnesses from McDonald’s also described the same vehicle Simms was driving Saturday.

Several North Portland streets were closed for more than nine hours Saturday as homicide investigators looked into the shooting.  Police Chief Mike Reese and Mayor Sam Adams were on scene Saturday afternoon.


Portland police officer placed on paid administrative leave after fatal shooting

From The Oregonian, July 29, 2012

The man whom a police officer fatally shot Saturday was believed to be involved in several recent crimes, Portland police said Sunday.

The dead man, Billy Wayne Simms, 28, of Portland, was shot by Justin Clary, a 10-year veteran of the Portland Police Bureau assigned to North Precinct.

Clary shot Simms in North Portland on Saturday as Simms was driving away from a 7-Eleven on North Fessenden Street. After Clary fired, the vehicle the wounded Simms was driving smashed into the exterior wall of a nearby apartment, where he was found dead.

Police aren’t saying whether Simms showed a gun or what threat he posed at the time. Lt. Robert King, a police spokesman, declined to say what prompted Clary to shoot.

The investigation is pending and Clary is on paid administrative leave, King said.

The incident began with officers responding to a call that the driver of one car had shot at another car at Southeast Division and 122nd Avenue.

Paul Polen, 47, and four others ranging in age from 14 to 23, were in the car that was fired on. They were not injured.

Investigators believe Simms shot at the car before officers arrived on the scene.

About an hour later, police learned that the car involved in that shooting was in the parking lot of the 7-Eleven. When the occupants of the vehicle came out of the store, Simms fled in the vehicle and was shot.

He is also believed to be one of three suspects involved in menacing with a gun about 12:20 p.m. Saturday at a residence in the 14100 block of Southeast Division. This was immediately before the shooting at 122nd and Division.

Police said Simms was thought to be one of three suspects involved in an armed robbery of marijuana July 23 from a growing operation at a residence in the 10400 block of Southeast Division Street, police said.

In that case officers learned that three suspects stole marijuana plants at gunpoint and one of the suspects fired a gun in the house before leaving. No one was injured.

The robbery victim gave officers the license plate of the suspect vehicle and it matched the car Simms was driving at the 7-Eleven.

And Simms was identified as a suspect when a man attempted to pass a counterfeit $20 bill July 20 at a McDonald’s at 10050 S.W. Barbur Blvd. In Portland.

After Saturday’s fatal shooting, investigators processed the suspect vehicle for evidence and found a handgun.

The Multnomah County district attorney’s office will convene a grand jury in the case.

The Portland Police Bureau also will conduct an internal affairs investigation into the shooting.

Detectives ask anyone with information about this case to contact Detective Rico Beniga at 503-823-0457.


Police identify man killed by officer in north Portland

From KPTV.com, July 30, 2012

Portland police have released the names of the people involved in Saturday’s deadly officer-involved shooting.

Police said 28-year-old Billy Wayne Simms was shot by Officer Justin Clary, who is a 10-year veteran of the police bureau.

Detectives spent all evening investigating a case of road rage that ended when they said Clary fatally shot Simms in north Portland.

Lt. Robert King, a spokesman with the Portland Police Bureau, reports that officers responded to the area of Southeast 122nd and Division at 12:28 p.m. to reports of shots fired in the area.

Police said Simms was the driver of a dark-colored car who shot a handgun at another car that had three innocent people in it as they traveled south on 122nd.

Police soon came across the car with Simms inside at a 7-11 parking lot in north Portland.

Investigators said officers confronted two men who had been in the car as they left the store.

“One suspect complied and was taken into custody, and one man got in the car, started it and drove out of the lot. In the course of the encounter, one officer fired his weapon,” said King in a news release.

The car ended up crossing Fessenden and crashing into an unoccupied unit in an apartment building.

“It felt like we had an earthquake right after that,” said Meka Curry, who was in the apartment next to the one that was hit.

After the car came to a stop, police called out the Special Emergency Reaction Team (SERT) to assist with taking the suspect into custody.

Police said that after SERT made contact with Simms, paramedics determined he was already dead.

A spokesman said it was too early to tell if the suspect fired any shots at the officers or if he returned fire. Neighbors told FOX 12 that they heard multiple gunshots.

“I heard like six shots like three, ‘Boom, boom, boom,’ and then like, ‘Boom, boom, boom,’” said Mike Conway, who lives nearby.

The investigation continues.


‘They approach the situation like they’re trained to’

From KATU.com, July 30, 2012

A driver was shot by police Saturday afternoon in a deadly officer-involved shooting.

The incident began in Southeast Portland and ended in North Portland, where a car crashed into an apartment building after an officer fired at the driver.

The driver was killed but until police could confirm that, they waited with guns drawn and activated their Special Emergency Response Team (SERT).

Police believed the man, and the car he was in, were involved in a shooting in Southeast Portland a couple of hours earlier.

“You basically have like innocent citizens in their car driving at 122nd and Stark and they’re shot at,” said Lt. Robert King, spokesman for the Portland Police Bureau.

The investigation led police to the suspect vehicle parked in front of a 7-Eleven store in North Portland.

“They approach the situation like they’re trained to,” said King. “To conduct these high risk stops where they call people out and they have them at gunpoint. And one person did get out of the car and cooperate but it was the driver who backed out and pulled away.”

Witnesses said they then heard between four and eight shots. Police have not confirmed how many shots there were, but they did say that just one officer fired a weapon.

“They just unleashed on him,” said witness Robbie Mills. “Never seen anything like it in my life.”

The car ended up crashing into an unoccupied apartment. Right next door, in the same building, Meka Curry and her children felt the impact.

“It sounded like an earthquake,” Curry said. “That’s what we thought – that it sounded like an earthquake.”

Here’s the Portland Police Bureau’s account of what happened, including a correction that was later sent out:

Correction: Officers confronted two men who had been in the suspect car as they exited the Seven Eleven. One suspect complied and was taken into custody and one man got in the car, started it and drove out of the lot. In the course of the encounter, one officer fired his weapon.

On Saturday, July 28, 2012 at 12:28 p.m. Portland Police officers assigned to East Precinct responded to a call of a shooting at Southeast Division and 122nd Avenue. Initial information was that the driver of a dark colored car shot a handgun at another car that contained three people as they traveled south on 122nd Avenue. The suspect car was believed to be occupied with three white males in their twenties.

Officers learned through their investigation that the suspect car was in the area of Columbia and North Fessenden. Officers arrived in the area and saw the suspect car in the 7-Eleven parking lot. Because this car and its occupants had just shot at another car officers conducted a high risk traffic stop.

One passenger got out and cooperated with officers but the driver of the car pulled out of the lot and drove onto Fessenden. In the course of the stop one Portland Police Officer fired his weapon. Following the shot the car drove across Fessenden and through an exterior wall and into an apartment. The apartment was unoccupied and no one was injured.

After the car came to a stop in the apartment Officers called the SERT Team (Special Emergency Reaction Team) to the scene to assist in taking the suspect into custody. Once SERT made contact with the driver they had Portland Fire paramedics check the drivers condition and they learned he was deceased. The driver is a white adult male.

Supervisors on scene called the Police Bureau Homicide Detectives to the scene to conduct the officer-involved shooting investigation.

The Multnomah County District Attorneys Office and the Director on the Independent Police Review Division were on scene as well along with Police Chief Mike Reese and Mayor Sam Adams.

The suspect who was shot dead was later identified as 28-year-old Billy Wayne Simms.

The incident was the second officer-involved shooting in the last week and a half. On July 17, police shot a 17-year-old boy in Southeast Portland. The teenager survived.

Police: Suspect shot by officer had been showing off handgun
Police: Suspect runs during ‘high risk’ stop, later shot at by officers

Police Training in These Types of Situations

There is no hard and fast rule when it comes to Oregon law enforcement shooting at people in vehicles. Officers are trained to consider the back stop (who and what is around them) as they open fire and who might be injured by a stray bullet.

They are also trained to consider the big picture of the situation, which can include the type of person who is fleeing and whether that person would pose an imminent threat to the life of the officer or others in the area.

Firing at someone in a vehicle can be a sticky situation for police. For example, the 2003 shooting death of Kendra James prompted her family to sue the city for $10 million.

James was a passenger in a car that was pulled over for a traffic violation in Northeast Portland near Interstate 5.

Officer Scott McCollister said he shot and killed her when she jumped in the driver’s seat and tried to get away. He said he feared he or another officer would be killed, although James was not armed.

Both a Multnomah County grand jury and a federal jury found that the officer’s actions were justified and her family lost the lawsuit.

McCollister returned to the force and received $18,000 in back pay for the six months that he was suspended without pay.

In 2004, Officer Jason Sery shot James Jahar Perez three times during a traffic stop in North Portland.

According to court testimony, Perez ignored police commands and reached into his pants pocket. Sery thought he was reaching for a gun. It turned out he wasn’t.

“I remember seeing him glance over, shift in his seat to move his leg and get better access to his pocket,” Sery testified at the time. “I remember his hand going deep in his pocket. I remember starting to scream ‘I’m going to shoot, I’m going to shoot – get your hand out, I’m going to shoot.’ ”

Sery was cleared of wrongdoing three times and four years later he joined the Beaverton Police Department as one of its police officers.

The City of Portland settled a wrongful death lawsuit with Perez’ family for $350,000.

Of course, those cases were different from this one. In this instance, the suspects were armed.


Vigil for man shot and killed by police

From KPTV.com, July 31, 2012

Billy Simms memorial July 30, 2012

Billy Simms memorial July 30, 2012

Family and friends gathered at the site of a crash in north Portland to remember a man shot and killed by police.

They left signs and candles on North Fessenden Street Monday night in memory of Billy Simms.

Police said they tried to pull over Simms in connection with a road rage shooting on Saturday. But according to officers, he drove off.

That’s when officer Justin Clary took a shot at the car, killing Simms and causing the car to crash into an apartment building.

No one else was hurt.

People who knew Simms are still in shock.

Friends described him as a good dad, a good friend and someone who cared about the people around him.

He was the father of four children.

His family released a statement saying, “Billy had been working hard to confront his demons and had recently graduated from rehab.”

Police said Simms shot at a car full of people at Southeast 122nd and Division on Saturday afternoon in a case of road rage.

Simms was also a suspect in an armed robbery at a marijuana grow house the week prior.

The victim in that robbery case gave officers the suspect’s license plate number, which matched the car Simms was driving when police said he fired at that car full of people on Saturday.


Family of man shot by police wants answers

From KGW.com, July 30, 2012

Family of the man shot and killed by police last weekend said they’re outraged over how officers dealt with the suspect and his relatives.

Police said Billy Simms, 28, was attempting to elude officers who were chasing him for allegedly firing a gun at a car with five occupants inside. An officer fired at Simms and he later died of gunshot wounds, according to Lt. Robert King of the Portland Police Bureau.

Family members said they sat at the scene and pleaded for information for seven hours, even watching a body bag taken away and wondering if it was Billy.

“During the seven hours we were not given any further information,” family members said in a written statement released to the media. “After demanding to speak to a sergeant or person in charge, a female officer approached our family still unable to inform us if in fact Billy was the involved party.”

Family members said they were finally informed that Billy was dead just before 1 a.m. They said he was a loving father of 4 who had recently completed rehabilitation, and did not deserve to be gunned down by police.

“Billy had been working hard to confront his demons and as recent as 6 months ago graduated from rehab, something we were all very proud of him for,” the family statement said. “Billy’s life could have been saved if Portland police thought of him as a person, not a felon.”

Investigators said Simms was suspected of menacing with a gun at a Southeast Portland home just before the alleged shooting. He was also suspected of trying to use counterfeit money at a Portland McDonald’s restaurant on July 20 and police believe he was involved in the robbery of a medical marijuana growing operation on July 23rd.


Issue of firing at moving cars examined in fatal shooting by Portland police

From The Oregonian, July 30, 2012

This impromptu memorial developed in North Portland near the spot where Billy Wayne Simms, 28, was fatally shot by police on Saturday.

This impromptu memorial developed in North Portland near the spot where Billy Wayne Simms, 28, was fatally shot by police on Saturday.

The Portland Police Bureau will evaluate whether a North Precinct officer who on Saturday fatally shot a motorist who then crashed into an apartment building acted within bureau policy that restricts officers from shooting at moving vehicles.

The 3-year-old policy says that an officer “shall not” fire at someone who is in a moving vehicle unless at least one of the following conditions is met:

  • It’s necessary “to counter an active threat of death or serious physical injury to the officer or another person, by a person in the vehicle, using means other than the vehicle.”
  • There are no other means available to avert or eliminate the threat.

Even if one of those conditions is met, officers are instructed before firing to consider the location, the surrounding vehicle and pedestrian traffic and the risk to innocent bystanders.

The officer, Justin Clary, a 10-year bureau veteran, is on paid administrative leave while an investigation continues.

On Monday, the fiancee of the man who was shot and killed, Billy Wayne Simms, 28, voiced concerns about the police shooting as a memorial grew at the scene.

“It could have been dealt with a totally different way,” said the fiancée, Jeannie Lovett, 38.

Portland police say they believed Simms had shot at another car in Southeast Portland on Saturday.

North Precinct police spotted the car Simms was thought to be driving, at the 7-Eleven at 6840 N. Fessenden St. Officers confronted two men as they left the convenience store. One man was taken into custody, police said, while Simms got into the car, started it and drove away.

“In the course of the encounter, one officer fired his weapon,” police said in a news release.

Police said Clary fatally wounded Simms, who then drove into a fenced yard and through a sliding glass door of a two-story apartment building. Police found him dead at the scene.

The Police Bureau has not said whether Simms showed a gun or what threat he posed at the time. Investigators processing the crime scene later found a handgun in the vehicle.

It remained unclear whether Clary shot Simms before or after he got behind the wheel of the car.

Lovett said she was upset by the way police handled the confrontation with Simms.

“Just because there was an assumption that he had a gun earlier, before the whole incident, didn’t mean that he had a gun at the time that he was caught at 7-Eleven,” she said.

Lovett said she and Simms had a 19-month-old daughter together and were picking a date to be married. Lovett said someone called her about the shooting on Saturday, and she arrived at the scene shortly afterward.

Police had said one suspect was in custody and one was dead. Lovett caught a glimpse of the man being arrested, and one thing became clear to her.

“It sure wasn’t Billy that was going to jail,” she said.

Janie Althaus, third from left, was among about 70 people who attended a candlelight vigil for Billy Wayne Sims II, 28, who was fatally shot by police on Saturday. Althaus is one of Simms' sisters.

Janie Althaus, third from left, was among about 70 people who attended a candlelight vigil for Billy Wayne Sims II, 28, who was fatally shot by police on Saturday. Althaus is one of Simms’ sisters.

Meka Curry, who was home in a neighboring unit of the apartment that Simms ended up driving into, heard more than four gunshots. Then she felt the impact as the car rammed the tan building. Her boyfriend, six-year-old daughter and 3-month-old son were home with her, she said.

“I went straight into shock,” Curry said Monday, her eyes filling with tears. “We ended up on the floor, wondering ‘where should we be? Should we be on the floor? ‘ ”

Curry, who is studying to be a paramedic, said the shooting left her unnerved. “I feel like I’m going through post-traumatic shock,” she said. “I haven’t eaten. I haven’t slept. I can’t study. I hear a car backfire and I think it’s happening again.”

Portland detectives are investigating the fatal shooting, and the case will be presented to a Multnomah County grand jury for review. That will be followed by a police internal affairs investigation to determine whether Clary followed bureau policy.

Many major police departments have set restrictions similar to Portland’s on firing at moving vehicles. Others have prohibited the practice. The Los Angeles Police Commission in 2005 adopted a policy that prohibits firing at moving vehicles unless officers are being fired upon or threatened with deadly force from someone within the vehicle. Boston, New York and Chicago also prohibit officers from firing into moving vehicles unless someone inside is shooting.

About 70 people attended a candlelight vigil for Simms late Monday near the spot where he was killed.

Lovett said that Simms, in addition to her child, had three other children with two women. The children are ages 6, 4, and 14 months.


Grand jury finds no criminal wrongdoing by officer who shot Simms

By Maxine Bernstein, The Oregonian, August 10, 2012

A Multnomah County grand jury on Friday found no criminal wrongdoing by Portland Police Officer Justin Clary in his July 28 fatal shooting of Billy Wayne Simms in North Portland.

Transcripts of the grand jury proceeding may be released by late next week, according to the Multnomah County District Attorney’s office.

Portland police say they believed Simms, 28, had shot at another car in Southeast Portland on July 28.

North Precinct police later in the day spotted the car Simms was thought to be driving, at the 7-Eleven at 6840 N. Fessenden St. Officers confronted two men as they left the convenience store. One man was taken into custody, police said, while Simms got into the car, started it and drove away.

“In the course of the encounter, one officer fired his weapon,” police said in a news release.

Police said Clary fired at Simms, who then drove into a fenced yard and through a sliding glass door of a two-story apartment building. Police found him dead at the scene.

The Police Bureau has not said whether Simms showed a gun or what threat he posed at the time. Investigators processing the crime scene later found a handgun in the vehicle.

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