Deschutes District attorney: Deputy ‘justified’ in death of Springfield man
Published 12:00 am Wednesday, July 18, 2018
- Deschutes County District Attorney John Hummel describes the events that led to deputy fatally shooting a Springfield man in June during a press conference on Tuesday, July 17, 2018. (Garrett Andrews/The Bulletin)
The Springfield man killed by a sheriff’s deputy last month was shot in the back at close range when he refused to obey commands to stop reaching for a large metal bar the deputy believed could be used as a weapon, Deschutes County District Attorney John Hummel said Tuesday.
Hummel announced his decision to not charge deputy Randy Zilk with a crime, praising his actions instead.
Zilk has been on mandatory paid administrative leave since June 20, when he fired one shot into Jesse Wayde Powell, who had recently served a 15-year federal prison sentence for being a felon in possession of a handgun.
Hummel described the results of a monthlong probe into the shooting for gathered media representatives and law enforcement officials Tuesday in his office in the Deschutes County Courthouse. He said his thoughts are with Zilk and his family.
“Deputy Zilk’s decision to use deadly physical force likely saved his life and may have saved the lives of other deputies about to arrive on scene,” Hummel said.
But in remarks to The Bulletin, Powell’s father called the investigation a “giant cover-up.”
“He was a human being, and he was shot like a dog,” Clovis Powell said.
By the evening of June 20, Jesse Powell and a woman described as his romantic partner, Shawna Parck, had been living for two to three days at a campsite.
The site is on Forest Road 4610 off Century Drive, between Seventh Mountain Resort and Mount Bachelor.
The call to police that dispatched Zilk to Powell’s campsite was initiated by a couple walking their dogs on the Forest Road, Hummel said. Lori and Eric Anderson noticed a U-Haul van attached to a travel trailer, a dark pickup hauling an enclosed cargo trailer and a motorcycle. The Andersons told investigators they thought the campsite was in an odd location.
The Andersons then heard approximately 10 gunshots in quick succession. A few minutes later, they heard a woman “screaming” followed by a man “yelling.” Lori Anderson reported feeling “sure” the woman feared for her life, Hummel said. The Andersons heard another volley of gunshots and Lori Anderson called 911 at 6:23 p.m. The Andersons loaded their dogs in their vehicle and left.
Zilk arrived at the campsite about 15 minutes later. At this moment, he knew the situation was a possible domestic disturbance and that gunshots had been heard, Hummel said.
Zilk requested a records check on the license plate for the travel trailer. The trailer turned out to be stolen, Hummel said, but the theft had not been reported. The check came back clear.
Zilk knocked on the trailer door, but no one answered. Zilk noticed condensation on the window of the U-Haul and approached it. He noticed a person lying across the passenger and driver seat covered in a blanket.
According to the official investigation, Zilk called out, “Sheriff’s office. We got a call for disturbance. Can you open the door? Can you open the door and show me your hands?”
According to Zilk, Powell “looked around” but didn’t respond.
Hummel quotes Zilk in a press release from his office: “I said again, ‘show me your hands.’ Again he didn’t respond.”
Powell “manipulated” something under the blanket while continuing to ignore the order to show his hands, according to Zilk.
When he did reveal his hands, Zilk noticed an obvious injury to Powell’s right thumb.
The deputy told investigators that at this point he felt Powell was on drugs and was looking to see if Zilk was alone or with other officers, Hummel said.
Powell got out of the U-Haul and was instructed to turn and face the truck and put his hands against it. As he moved to handcuff Powell, Zilk touched Powell’s back.
At this point, Powell “dove” into the cab of the U-Haul, Hummel said. Zilk yelled “stop” and grabbed Powell from behind.
According to investigators, Powell “frantically” moved his hands around the floor of the passenger’s side of the U-Haul.
Zilk drew his gun, held it to Powell’s back and continued yelling “stop,” according to the district attorney. Zilk saw a metal bar on the floor, and he thought Powell was reaching for it. He fired one shot into Powell’s back, Hummel said.
At 6:47 p.m., Zilk radioed that he’d fired a shot.
Moments after Powell was shot, deputy Liam Klatt arrived and provided “cover” protection as Zilk performed CPR on Powell. Paramedics declared him dead at 7 p.m.
The autopsy conducted by the Oregon State Medical Examiner found the bullet lodged just below the skin on Powell’s left chest. It had passed through his pulmonary artery, left lung, pericardial sac and heart.
The medical examiner’s toxicology tests returned positive for methamphetamine, marijuana, opiates and amphetamine.
Hummel said Zilk’s belief that Powell was attempting to use the metal bar to assault him was based on a “totality of the circumstances.”
“Based on all the available evidence, deputy Zilk’s belief that Powell was about to use deadly physical force against him is objectively reasonable,” Hummel said.
A loaded Glock 30 .45-caliber handgun was discovered near the metal bar on the floor of the U-Haul.
The gun turned out to have been stolen in a Lane County home burglary April 27, Hummel said.
In addition, authorities found “hundreds” of other stolen items, including all the vehicles and cargo trailers, some of which they are still attempting to return to owners. Hummel said he believes Powell had been supporting himself by stealing and was determined not to return to prison. Hummel estimated that Powell’s recent “criminal enterprise” could have sent him to prison for 25 years.
At Tuesday’s press conference, Deschutes County Sheriff Shane Nelson praised his deputies.
“I’m absolutely thankful that deputy Zilk and deputy Klatt are with us today,” Nelson said.
Zilk was hired as a deputy by the Deschutes County Sheriff’s Office in 2005, after four months as a reserve deputy.
He was assigned to the detectives division in 2014 before returning to patrol three years later. He served from 2000 to 2004 in the U.S. Marine Corps and has a bachelor’s degree from Southern Oregon University.
Zilk, as well as Klatt, have no disciplinary actions on file with the Oregon Department of Public Safety Standards and Training.
Prior to the press conference, Hummel phoned Powell’s parents and informed them of his decision.
Powell’s father said the sheriff’s deputy overreacted.
“The bottom line is, he didn’t have a gun and he got shot in the back,” Clovis Powell said. “I believe the cop got panicky and overreacted. There were other options for that cop to take.”
Clovis Powell took issue with several characterizations by law enforcement.
He said his son was covered in the blanket because he had stripped down to his underwear, and he thinks his son might have been grabbing for his pants in the floor of the U-Haul when he was shot.
He said Parck, the woman with Powell who left before Zilk arrived, had told Powell’s relatives she was the one who fired the Glock, and she “felt she caused his death by firing the gun to attract whoever.”
Jesse Wayde Powell is survived by his father, mother, a sister and several nieces and nephews.
His family is planning a celebration of life to be held from 1 to 4 p.m. Thursday at Jasper Park in Springfield.
“Our loss, we can’t even tell you,” Clovis Powell said. “We’re just trying to get justice.”
— Reporter: 541-383-0325, gandrews@bendbulletin.com