1 IN THE CIRCUIT COURT OF THE STATE OF OREGON 2 FOR THE COUNTY OF MULTNOMAH 3 4 5 GRAND JURY No. 1 PROCEEDINGS 6 Case No. 69 7 Conducted by: 8 David M. Hannon, Deputy District Attorney 9 Melissa A. Marrero, Deputy District Attorney 10 11 - - - 12 November 28, 2018 13 - - - 14 PPB Case No. 18-347005 15 - - - 16 DA Case No. 2390489-2 17 - - - 18 19 20 21 Katie Bradford, CSR 90-0148 Court Reporter 22 Portland, Oregon (503) 267-5112 23 24 Proceedings recorded on wma audio recording; transcript provided by Certified Shorthand Reporter. 25 2 Index 1 GENERAL INDEX 2 Page No. 3 November 28, 2018 Proceedings 3 4 Case Called 3 5 Examination of Scott Broughton 4 6 Examination of Travis Gover 11 7 Examination of Rebecca Millius 19 8 Examination of Benson Weinberger 25 9 Examination of Roberta Stewart 47 10 Telephonic Examination of Andrew English 73 11 Examination of Tariq Awan 86 12 AFTERNOON SESSION 94 13 Examination of Starla Starn 95 14 Examination of Ronald Pearson, Jr. 104 15 Examination of Talon Ochoa 122 16 Examination of Jerrold Dale Higginbotham 146 17 Examination of Kyle Nice 169 18 Examination of Jami Resch 190 19 Reporter's Certificate 213 20 * * * 21 22 23 24 25 3 1 Death Investigation 2 PPB Case No. 18-347005 3 DA Case No. 2390489-2 4 Deceased: Samuel Rice 5 Incident Date: October 10, 2018 6 Location: Del Rancho Motel, 7 7622 SE 82nd Avenue, Portland, Oregon 8 * * * 9 10 (Wednesday, November 28, 2018, 9:53 a.m.) 11 P R O C E E D I N G S 12 (Whereupon, the following proceedings were 13 held before Grand Jury No. 1:) 14 MR. HANNON: And good morning. We are here 15 under DA Case No. 2390489. It is a death 16 investigation involving an officer-involved shooting. 17 Portland Police Bureau Case No. 18-347005. 18 On behalf of the State, Dave Hannon, 19 H-a-n-n-o-n, joined by my colleague, Melissa Marrero. 20 I'll let her announce herself for the record. 21 MS. MARRERO: Melissa Marrero, 22 M-a-r-r-e-r-o. My Bar number is 123846. 23 MR. HANNON: And this is the time and place 24 start -- for grand jury. And we will start with our 25 first witness, Detective Scott Broughton. 4 Examination of Scott Broughton 1 Detective Broughton, stay right here. Raise 2 your right hand and we'll swear you in. 3 SCOTT BROUGHTON 4 Was thereupon called as a witness; and, having been 5 first duly sworn, was examined and testified as follows: 6 EXAMINATION 7 BY MR. HANNON: 8 Q Thank you. First, can you please state and 9 spell your name for the record. 10 A Scott Broughton. First is S-c-o-t-t; last 11 is B-r-o-u-g-h-t-o-n. 12 Q And, Detective Broughton, how are you 13 currently employed? 14 A I'm a detective with the Portland Police 15 Bureau. 16 Q And how long have you been with the Portland 17 Police Bureau? 18 A A little over 17 years. 19 Q And what is your current assignment with the 20 Portland Police Bureau? 21 A I'm a detective assigned to the homicide 22 detail. 23 Q And how long have you been with the homicide 24 detail? 25 A A little over a year. 5 Examination of Scott Broughton 1 Q And can you briefly explain to the ladies 2 and gentlemen of the grand jury what that entails 3 working for the homicide detail with the Portland 4 Police Bureau? 5 A We investigate homicide cases, suspicious 6 deaths and officer-involved shootings and kidnappings. 7 Q And turning -- talking about 8 officer-involved shootings, tell us about that. What 9 is the homicide detail's role in those types of 10 shootings? 11 A Conducting an overall criminal investigation 12 of officer-involved shootings. 13 Q And can you briefly just run through -- and 14 is it similar to other homicide investigations or is 15 there something unique about it? 16 A It's similar to it, but there's aspects of 17 it that are different than standard homicides. 18 Q And since they're similar to homicide 19 investigations, if you could just briefly summarize, 20 what are some of the things that occur when you're 21 conducting a -- a homicide investigation or called to 22 a homicide investigation? 23 A For a homicide investigation, our -- usually 24 someone on patrol notifies a homicide detail 25 supervisor via paging system that they have a 6 Examination of Scott Broughton 1 homicide. 2 The -- the -- the supervisor then does some 3 triage on the case to ensure evidence and crime scene 4 are maintained and established and witnesses are 5 identified. And then they -- the -- the supervisor 6 will page the detective of the investigative team out. 7 And so we respond and are briefed by a 8 uniformed personnel about the details of the case as 9 they learn up to that point. And then from there, we 10 make investigative assignments; and, you know, process 11 the scene and continue to investigate. 12 Q So I want to turn your attention then to 13 Portland Police Bureau Case No. 18-347005. Were you 14 the lead -- or are you the lead detective in that 15 investigation? 16 A Yes, I am. 17 Q And what is that investigation? 18 A It was a officer-involved shooting on 19 October 10th of 2018. 20 Q And were you called to a particular location 21 for that investigation? 22 A Yes, I was. 23 Q And -- and where was that location? 24 A The Del Rancho Motel located at 7622 25 Southeast 82nd Avenue. 7 Examination of Scott Broughton 1 Q And in that -- and we're not going to go 2 through all the details of the investigation through 3 you right now, but just briefly could you give us a 4 window of time, per your understanding, when you 5 responded to that investigation, when the Portland 6 Police Bureau became involved in this homicide from 7 the beginning first call to the ultimate conclusion of 8 this incident? 9 A So the beginning occurred on October 10th, 10 2018 at approximately 9:11 in the morning when 11 Portland Police officers were called to a 7-Eleven 12 located at 7501 Southeast 82nd. 13 Q And just, again, without going into the 14 details, what were they responding to at that 15 7-Eleven? 16 A There was a fight at the 7-Eleven between 17 two individuals. 18 Q And what -- at what time approximately on 19 that date did the incident resolve or kind of 20 conclude? 21 A It was approximately 10:16 in the morning, 22 so approximately an hour and five minutes later. 23 Q And with regards to your call-out, were you 24 called out after that time frame, after that 25 10:00 a.m. conclusion? 8 Examination of Scott Broughton 1 A Yes, I was. 2 Q And were there other investigators and 3 officials called to assist in that investigation at 4 that time? 5 A Yes, there were. 6 Q And the crime scene, was the -- tell us 7 about what happened with the crime scene when you were 8 paged out to the location. 9 A I was paged out at approximately 10:38 in 10 the morning. When I arrived, there were a -- a large 11 number of vehicles in the -- pulled out in the street, 12 blocking the street, 82nd Avenue. And then a motel 13 parking lot. 14 And myself and Detective Kammerer directed 15 Forensic Evidence Division personnel to begin 16 photographing the overall scene. 17 Q And was the scene frozen, so to speak, upon 18 your arrival, so that nothing was moving or being 19 tampered with at -- at that stage? 20 A Yes, it was. 21 Q And you had other detectives, in addition to 22 Detective Kammerer, assisting you throughout this 23 investigation? 24 A Yes, I did. 25 Q And we'll go through those other witnesses 9 Examination of Scott Broughton 1 throughout this proceedings, but one question before 2 we conclude: To your understanding, was there an 3 officer identified as the person involved in the 4 officer-involved shooting? 5 A Yes, there was. 6 Q And -- and who was that officer? 7 A Officer Kelly VanBlokland. 8 Q And was there an identification made of the 9 decedent in that officer-involved shooting? 10 A Yes, there was. 11 Q And who was that? 12 A Samuel Rice. 13 Q When you arrived at the scene and were 14 processing the scene, was there a firearm and casing 15 recovered in the crime scene related to this incident? 16 A Yes, there was. 17 Q And -- and where was the firearm located and 18 retrieved? 19 A The firearm was located in the bed of a 20 pickup in a parking lot just south of the Del Rancho 21 Motel. And the -- the shell casing was in the grass 22 in a -- in the immediate area of the -- the bed of the 23 pickup truck. 24 Q And were those items seized and submitted to 25 the Oregon State Police Crime Lab under Case No. 10 Examination of Scott Broughton 1 18-347005? 2 A Yes, they were.