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Grand Jury Transcript 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON 2 FOR THE COUNTY OF MULTNOMAH 3 4 5 6 GRAND JURY No. 1 PROCEEDINGS 7 Conducted by: 8 Dave Hannon, Deputy District Attorney 9 Nicole Bockelman, Deputy District Attorney 10 - - - 11 February 21, 2019 12 4:41:53 13 - - - 14 DDA Case No. 2395300 15 PPB Case No. 19-6556 16 17 18 19 20 Katie Bradford, CSR 90-0148 Court Reporter 21 Portland, Oregon (503) 267-5112 22 23 Proceedings recorded on wma audio recording; transcript provided by Certified Shorthand Reporter. 24 25 2 Index 1 GENERAL INDEX 2 Page No. 3 February 21, 2019 Proceedings 3 4 Case Called 3 5 Examination of Erik Kammerer 4 6 Examination of Travis Gover 45 7 Examination of Diamond Randolph 56 8 Examination of Michele Taylor Stauffenberg 66 9 Examination of Desmond Pescaia 74 10 Examination of Alan Erspamer 104 11 Examination of Lidiya Omelchenko 111 12 Examination of Justin Raphael 118 13 Examination of Davis Kile 138 14 Examination of Aaron Holwege 147 15 Examination of Josh Howery 156 16 Examination of Consider Vosu 201 17 Reporter's Certificate 247 18 * * * 19 20 21 22 23 24 25 3 1 DA Case No. 2395300 2 PPB Case No. 19-6556 3 Deceased: Andre Gladen 4 Date of Incident: Sunday, 1-6-19 5 Location: 9610 Southeast Market Street, Portland, Oregon 6 * * * 7 (Thursday, February 21, 2019, 8:45 a.m.) 8 P R O C E E D I N G S 9 (Whereupon, the following proceedings were 10 held before the grand jury:) 11 A GRAND JUROR: Okay. 12 MR. HANNON: Good morning. We are here in 13 DA Case No. 2395300. This is a death investigation 14 involving an officer-involved shooting. On behalf of 15 the State, Dave Hannon, H-a-n-n-o-n. I'm joined by my 16 colleague. 17 MS. BOCKELMAN: Good morning. This is 18 Nicole Bockelman, B-o-c-k-e-l-m-a-n. 19 MR. HANNON: And we are now on the record 20 ready to call our first witness. And the State will 21 call Detective Erik Kammerer. 22 A GRAND JUROR: You ready? 23 ERIK KAMMERER 24 Was thereupon called as a witness; and, having been 25 first duly sworn, was examined and testified as follows: 4 Examination of Erik Kammerer 1 EXAMINATION 2 BY MR. HANNON: 3 Q All right. Go ahead and have a seat. 4 And you can start first by stating and 5 spelling your name for the record. 6 A Erik, E-r-i-k; Kammerer, K-a-m-m-e-r-e-r. 7 Q And, Detective Kammerer, how are you 8 currently employed? 9 A I'm a detective with the Portland Police 10 Bureau. 11 Q And how long have you been with Portland 12 Police Bureau? 13 A Since 1994, so 24 years coming up on 25 14 years. 15 Q And how long have you been a detective? 16 A Since 2003. 17 Q So if my math is correct, that's 18 approximately 16 -- 15, 16 years? 19 A Yes, sir. 20 Q And what is your current assignment as a 21 detective? 22 A I'm currently assigned to the homicide 23 detail. 24 Q And how long have you been with the homicide 25 detail? 5 Examination of Erik Kammerer 1 A Since 2007, so four years. 2 Q And have you had -- been -- participated or 3 undergo training to become a detective in the homicide 4 unit? 5 A Not specifically to the homicide unit. When 6 I was promoted to detective, I attended a detective 7 academy that was put on. 8 Q And do you do ongoing trainings as a 9 detective? 10 A Yes. 11 Q And just briefly, do some of those trainings 12 include trainings in forensics, witness interviews and 13 other aspects of what are typical in a homicide 14 investigation? 15 A Yeah. 16 Q And if you could brief -- please outline, 17 what are some of the functions or duties of a homicide 18 detective? 19 A So we respond to not just homicides, but we 20 take kidnappings as well; officer-involved shootings; 21 serious uses of force that result in injury or death. 22 So if someone is -- is injured to the point where the 23 doctor's saying they might die, we'll get involved at 24 that point. 25 Q And turning your attention to 6 Examination of Erik Kammerer 1 officer-involved shootings, does that -- is that 2 limited to just officer-involved shootings that result 3 in a homicide? 4 A No. Any time a police officer discharges a 5 firearm; or, you know, like, an in-custody death or 6 any kind of injury that would result in someone either 7 dying or potentially dying, we'd respond to. 8 Q And how -- how are you typically called to 9 those types of investigations or locations when such 10 an incident arises? 11 A Generally, I'm off-duty, so I either get a 12 phone call or a page. 13 Q Are the page or call for officer-involved 14 shootings -- is the protocol the same as it would be 15 for, say, a homicide -- a homicide call or page? 16 A Yeah. It's -- it's a -- we call it a 17 call-out. So my pager goes off or my phone goes off 18 and I answer the phone or check the pager. And, 19 usually, I'm directed to respond to a certain location 20 for whatever it is we're going to be deploying for. 21 Q And when you arrive at that location, not 22 going into this particular case just yet, what is the 23 typical protocol when you first arrive? 24 A For -- 25 Q A -- 7 Examination of Erik Kammerer 1 A -- officer-involved shooting? 2 Q -- homicide call. 3 A So a homicide, we'll respond to the scene. 4 I'll verify that we -- that I have a contained crime 5 scene; that it's all secured; that we've located 6 witnesses; make sure that we have just one point in 7 and out of the crime scene, thus ensuring that it's 8 secure. 9 I'll talk to officers and the sergeants that 10 are there to try and figure out what it is we have, 11 what more needs to be done to secure the scene, to 12 help locate witnesses, to help locate evidence. 13 Q And is that kind of response similar or 14 exactly the same as the response to an 15 officer-involved shooting or are there other factors 16 or personnel involved in an officer-involved shooting? 17 A Yes and -- yes. 18 Q Okay. 19 A So the protocol's the same whether it's an 20 officer-involved shooting or homicide, you know; 21 whether the person shot by the police is dead or not; 22 or, I mean, the bullet didn't even hit him, they, you 23 know, shot a closet. The response is the same. Our 24 actions are the same. 25 In an officer-involved shooting, you get a 8 Examination of Erik Kammerer 1 lot more people responding. There's a great deal more 2 oversight, if you will, into the investigation. 3 On a homicide, just a standard homicide, 4 we'll have between six and eight detectives that show 5 up and a homicide sergeant. We'll have criminalists 6 from the Forensic Evidence Division that respond to 7 document the scene via photographs and video and 8 collect evidence. 9 We usually have a representative from the 10 District Attorney's Office that responds that we can 11 work with at the scene. And that's just on a -- a 12 regular homicide. 13 And then on an officer-involved shooting, in 14 addition to that, we also get representatives from the 15 City Attorney's Office, from the Independent Police 16 Review, IPR. We'll have members of the union. We'll 17 have attorneys for the union. 18 Members from the Department of Justice will 19 also come out or send a representative. There's a -- 20 a great deal more people that show up on an 21 officer-involved shooting. 22 Q And in addition to those personnel, unlike a 23 typical homicide investigation, do you also receive 24 outside agency investigators to assist in the 25 investigation of an officer-involved shooting? 9 Examination of Erik Kammerer 1 A Yeah. We partner with the East County Major 2 Crimes Team, which is comprised of Multnomah County, 3 Gresham. Now, the Port of Portland as well. And 4 they'll send, at a minimum, two representatives from 5 -- from their agency to assist us. 6 Q And with all that personnel, though, there 7 is still the maintaining the integrity of the scene 8 and -- and maintaining -- maintaining the integrity of 9 the evidence; is that accurate? 10 A That is the number one priority, yes. 11 Q So when you first arrive at a -- an 12 officer-involved shooting scene, is there an initial 13 briefing to get an idea or a sense of what the initial 14 information is that came out? 15 A Yeah. Once the investigative team has 16 arrive, we'll assemble and we'll receive a briefing 17 from everybody that has knowledge of what occurred. 18 Q And after that briefing, is there a 19 delegation of tasks, so to speak, to interview other 20 witnesses or locate other evidence involved in the 21 investigation? 22 A Yeah.
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