Police sergeant gets mixed up in road-rage incident

PORTLAND, Ore. - The Portland police sergeant disciplined in the death of James Chasse is under scrutiny again after a road-rage incident.

Sgt. Kyle Nice was off-duty last Saturday afternoon and, according to a Washington County Sheriff’s Office report, Nice said he was turning left onto Southwest Allen road after getting gas at the nearby Chevron when Neil Ruffin, driving a red BMW, drove through a red light and almost hit Nice’s truck with his 6-week-old baby inside.

Nice caught up with Ruffin but he said he did not do so intentionally. Nice said he rolled down his window and told Ruffin, “Nice, thanks for almost hitting me back there.”

But Ruffin said Nice mouthed obscenities at him and flipped him off. He said he decided to follow Nice because he wanted to find out what was going on.

Both men pulled over at Southwest 80th and Oleson. Nice got out of his vehicle. Ruffin said he was going to as well but said Nice pulled out a gun and pointed it at him. Nice said he drew his pistol because he couldn’t see Ruffin’s hands or what he was doing but said he never pointed the gun at Ruffin.

Elizabeth Johnston witnessed the incident across the street and was interviewed by a Washington County Sheriff’s deputy on the day of the incident.

In a later interview with a reporter she said, “I just felt sort of uncomfortable about that, and the one that pulled the gun appeared to be antagonizing the other, I guess you could say. I saw him take it out of his pocket or belt and demonstrate he had it, and he was acting aggressively. But I never saw the gun be pointed at the other man.”

No charges were filed and no tickets were issued.

Washington County spokesman Sgt. David Thompson said in this instance Johnston’s word was what the deputy who responded to the incident had to rely on.

“Mr. Ruffin said Mr. Nice was pointing the gun at him with his left hand. Mr. Nice is a right-handed person and even the witness corroborated the gun was in his right hand. He (the deputy) has to be able to prove that a crime occurred - in court - and he didn’t feel he could do that,” Thompson said.

Portland police are investigating the incident but would not comment beyond saying off-duty officers are allowed to carry weapons.

But this is not the Portland Police Bureau’s first incident with Nice. He was one of the officers suspended after the struggle with James Chasse - the schizophrenic man who later died in police custody on Sept. 17 2006.

Last year Nice was singled out by another officer after he reportedly “grossly overreacted” when moving two homeless men playing music outside a downtown restaurant.