Portland police settle wrongful death case for $500,000

This is a press release courtesy of the law firm Steenson, Schumann, Tewksbury, Creighton & Rose, PC

The Portland Police Bureau has agreed to the largest reported settlement involving a Portland police shooting – $500,000 – in the wrongful death case of Raymond Gwerder. The Portland City Council is expected to approve the settlement at its regular meeting next week.

Gwerder was shot to death by Portland Police officer Leo Besner on November 4, 2005. At the time of his death, Ray Gwerder, 30, was completing his final courses needed to earn a bachelor’s Degree in Biology.

“Ray was this wonderful, sensitive, bright, young man, who was just experiencing a moment in his life where he really needed some help,” Molly Aleshire, a long time friend and roommate, said. “Ray had the kind of solid integrity where you could always trust him to do the right thing, no matter what. He was one of the most insightful, and intuitive people I’ve ever known.”

Evidence from the scene of the tragedy exposed an extremely flawed police operation. Besner claimed his fatal shot at Gwerder was justified by potential danger to Gwerder’s neighbors – neighbors that the police failed to evacuate over the 90-minute period prior to the shooting.

In addition, when Besner shot him in the back, Gwerder was in mid-conversation with the police negotiator and was calmly complying with the negotiator’s requests.

Several minutes after Gwerder was shot, a police officer at a post 100 feet away from him heard him crying out in pain, but Portland Police failed to provide him with critically needed medical attention. Files also show that police left Gwerder lying on the ground dying for 20 minutes.

Although they tasered him after the fatal shot – despite the fact that he was not moving and the gun he had possessed was in plain sight, away from his body – the police did not allow paramedics to treat Gwerder prior to his death.

Gwerder’s family and friends say the most disturbing aspect of the case remains the fact that officer Besner continues to work as a Portland police officer. They point out that evidence shows Besner fired the fatal shot within minutes of his arrival and without first consulting with the lead police negotiator or the police commander at the scene.

The commander on the scene that day, East Precinct Cmdr. Mike Crebs, told investigators that when Besner shot Gwerder, “I thought we were talkin’ to the guy and it just all of a sudden just came outta nowhere.”

Previous complaints against Besner have included tasering a man who was attempting to restrain a woman who had been threatening people with a knife in 2002; pepper-spraying an anti-war protestor standing on a sidewalk with a sign in March 2003; and slamming a 15-year-old, who had been standing on the sidewalk reading a newspaper, into a wall in April 2003.

Besner’s 13-year tenure on the Portland Police is known to have already left city taxpayers with settlement tabs totaling about $1 million for the cases in which he has been involved.

“While we are relieved that Portland has agreed to settle the case, there is no end to our loss,” said Bobbie Jo Clark, Ray’s sister. “We remain gravely concerned that after so many complaints about Besner and my brother’s death at his hands, Besner still not only roams the streets of Portland, but with a badge, an arsenal and apparently the unending support of his department.

The continued employment of Besner by the City of Portland led to the wrongful death of my brother. We can only hope and pray that no other person will suffer the loss of a dearly loved one in the future, as we have, due to the City’s failure to terminate officer Besner.”