Grand jury declines to indict Milwaukie officers in shooting of 21-year-old man, Oregon DOJ says

A Clackamas County grand jury declined to indict two Milwaukie police officers who

shot and injured an unarmed 21-year-old man

during a traffic stop.

The grand jury found “insufficient evidence” to charge Sgt. Eduardo Sanchez and Officer Kwasean Akom in the

Sept. 30 shooting

of Hunter Newton, the Oregon Department of Justice said Thursday. The Clackamas County District Attorney’s Office requested that the

justice department lead

the shooting investigation.

Newton, now 22, was shot by Sanchez and Akom after allegedly refusing to exit his car during a traffic stop at a Taco Bell drive-thru in the 11000 block of Southeast Oak Street. He now needs lifelong care and medical attention to manage his injuries, according to his attorneys.

“Hunter’s parents are frustrated that the grand jury’s determination forecloses on some of the justice the family is seeking for Hunter,” one of his attorneys, Thomas Rask III, said in a Thursday statement. “Hunter is a young man who had his full life ahead of him, and in one moment, that changed forever. He is now permanently disabled and his opportunities for a vibrant life are forever diminished.”

The Oregon DOJ said in a news release that Sanchez stopped Newton for a traffic violation and for driving with a suspended license. Instead of pulling over, Newton drove into the Taco Bell parking lot, the agency said.

Akom arrived to help. He and Sanchez asked Newton to get out of his car, but he refused, according to the justice department. The agency said the officers told him he was under arrest and tried to remove him from the car.

Newton resisted and during the struggle, the state agency said officers reported hearing a muffled pop that they believed was a gunshot fired from inside the car.

The officers then backed away, “fearing for their safety” and fired at Newton, the Oregon DOJ said. Newton was taken to OHSU Hospital for his injuries.

Investigators did not find a gun in Newton’s car. But the Oregon DOJ said surveillance footage captured a “small object that was propelled” from his car. The object created a small explosion and loud noise.

The agency said witnesses nearby reported hearing what they thought was a gunshot before the two officers fired their guns.

In October, Rask claimed that officers waited at least a half hour before giving Newton medical aid. Newton was struck in the shoulder and back of his head, his parents wrote in a statement then.

‘Is that a gun’

Body-camera footage

shared by the justice department

shows Sanchez and Akom approaching Newton as he’s sitting in the driver’s seat of his car in the drive-thru. Newton told Sanchez, “I’m just trying to go home.”

According to the footage, Sanchez said he stopped him because he did not use his left-turn signal for at least 100 feet before turning onto Southeast Oak Street.

He then asked Newton for his driver’s license and insurance card before taking down his information. Newton said he lost his driver’s license. He told Sanchez he was coming from the gym.

“Go ahead and step out of the car,” Sanchez said, with Newton asking why.

“What do you mean why?” Sanchez said. “Because I’m telling you, you’re under arrest. Get out of the car right now or I’m going to yank you out of the car. We’re not playing games today.”

The footage shows Newton slightly pulling his driver’s side window up. Sanchez then quickly opened the driver’s side door and grabbed Newton’s arm and tried to pull him out.

Akom also attempted to grab Newton from the vehicle and said, he’s going to cut his seatbelt. The

footage from Akom’s body camera

showed the officers continuing to try to grab him from the driver’s seat of the car.

About 40 seconds later, Akom heard something that spooks him. “Whoa, is that a gun?” he said.

He moved away from the driver’s side of the car and went to the right side of the vehicle. He and Sanchez then fired several shots.

“Shots fired,” Akom said on his radio. “I’m good. Hey buddy, show me your hands. Show me your hands.”

A Clackamas County Sheriff’s deputy arrived at the scene. The two officers and the deputy continued to tell Newton from afar to show his hands while their guns were drawn.

“He’s moving his left hand,” one officer said. “Put both of your hands on the dash so we can help you. Hunter, get your hands up.”

‘Irreparable pain’

Akom had served with Milwaukie police for a year and a half before the shooting. Sanchez was a 10-year veteran with the department.

Milwaukie police said in a separate statement they will begin an internal administrative review of the incident. Police Chief Ryan Burdick said the department’s thoughts remain with Newton and his family.

“This incident also has been troubling and difficult for our officers, support staff, city employees and this community,” Burdick said. “We do not take lightly the impact a significant use of force has on so many.”

In a statement, Attorney General Dan Rayfield called the shooting a “deeply traumatic incident” for Newton and his family, the officers and the Milwaukie community.

“We recognize the irreparable pain that follows an event like this,” Rayfield said. “I have utmost gratitude for the Oregonians who took part in the grand jury and reviewed the evidence of this case with the attention and care it required.”

The grand jury looked at body-worn camera footage, area video, physical evidence and witness and expert testimony before declining to proceed with charges.

—

Zaeem Shaikh covers the Portland Police Bureau and criminal justice issues for The Oregonian/OregonLive. Reach him at 503-221-4323,


zshaikh@oregonian.com


or on X


@zaeemshake

.

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