Bend Police

A Bend Police officer has been charged with assault for allegedly slamming a man’s head into the ground during an attempted arrest in June.

Officer Kevin S. Uballez’s alleged actions were reported to supervisors by two of his fellow officers, Deschutes County District Attorney John Hummel said in a news conference Friday morning.

“I appreciate how difficult it must be to report a colleague for their misdeeds,” Hummel said. “These officers put service to their community ahead of protection of a colleague.”

Uballez, a canine handler hired by the department in 2014, was charged earlier in the morning in Deschutes County Circuit Court with one count of fourth-degree assault and one count of harassment.

The alleged excessive-force incident took place around 1 a.m. June 6 near Sunset View Park.

A 911 caller had reported an intoxicated man was running down the middle of NW Skyliners Road near the intersection with NW Lemhi Pass Drive.

Uballez reported that the man, Caleb Hamlin, 42, initially refused to comply with orders.

Hamlin, a Colville resident staying in Bend as a construction worker, eventually knelt as instructed, Hummel said.

According to Hummel, Uballez approached Hamlin to take him into custody and “grabbed him from the back and slammed his upper body forward, resulting in Hamlin’s face violently striking the pavement. The force of this blow significantly injured Hamlin’s nose.”

“There was no legal justification for slamming Hamlin’s face into the pavement,” Hummel said.

The alleged excessive force was witnessed by officers Peter Enna and Martin Tabaco, who reported it to their supervisors, according to Hummel, who praised Enna and Tabaco as “the embodiment of what it means to be a law enforcement officer.”

Encouraging officer self-reporting is considered an important step in police reform.

The case was investigated by Oregon State Police.

It’s the fourth instance of Hummel charging an active law enforcement officer with a crime since he was elected in 2014. Of those, one concerned an on-duty incident.

Former Sunriver Police Chief Marc Mills was charged in 2017 with assault for striking one of his sergeants in the chest with a sign. He pleaded no contest to a count of harassment and was fined $100.

Uballez, 38, wasn’t the only person Hummel charged for assaulting Hamlin that night in June. The Oregon State Police investigation revealed three Summit High School students had beaten him prior to police arrival.

Two of the students were under 18 at the time of the incidents. Hummel said they have been charged in juvenile court with assault. The third student’s name was not released, but Hummel said he will be offered the opportunity to have his case handled in Emerging Adult Program, a pre-charge diversion program for young adults.

Uballez’s first court appearance is scheduled for Nov. 9.

Hummel released bodycam footage taken by officer David Peterson, who arrived on scene moments after the alleged assault by Uballez and attempted to interview Hamlin before Hamlin was treated by paramedics.

“You guys f—-d up,” Hamlin tells Peterson.