Previous stories about Jason Sery and the death of James Jahar Perez

From The Oregonian of Tuesday, March 30, 2004 -- Man killed by police unarmed: Portland officials have not said why an officer shot James Jahar Perez
By Maxine Bernstein

A Portland police officer shot and killed an unarmed 28-year-old motorist as his partner struggled to pull him out of the car.

Police said the motorist refused to produce a driver's license or get out of the car once he was pulled over for failing to signal a turn in North Portland.

North Precinct Officer Jason Sery, 29, shot James Jahar Perez three times in the chest with a 9 mm handgun, police said. Sery fired after his partner, North Precinct Officer Sean Macomber, 30, had grabbed Perez's arm and was trying to remove him from the front seat of a four-door car, according to a preliminary police investigation.

Perez was pronounced dead in the driver's seat of the car. Police found no gun on Perez or in the vehicle.

Portland Police Chief Derrick Foxworth on Monday met separately with Perez's family, the mayor, local ministers and news media to release some details obtained from initial police interviews with witnesses. By 1:30 p.m., Macomber had been interviewed by detectives and Sery was scheduled to be interviewed later in the afternoon.

But a key question remained unanswered: What threat did Sery perceive that prompted him to use deadly force against Perez?

Under Oregon law, police can use deadly force to protect themselves or others from what they "reasonably believe" to be a threat of death or serious physical injury.

"Keep in mind we do not have a lot of answers at this time. I acknowledge and recognize the heightened emotions in the community," Foxworth said. "I want to ask for your patience. This investigation will be done in a thorough and timely manner."

The deadly police shooting comes 10 months after police fatally shot 21-year-old Kendra James in North Portland and six months after the release of a critical report on Portland shooting reviews. It renewed questions about police tactics and training and drew heated demands for a public inquest into the Perez shooting, in place of a grand jury review.

"The public needs to be very clear about what caused this tragic loss of life," said state Sen. Avel Gordly, D-Portland. "We need an open and transparent inquest right from the beginning."

Robert King, president of the Portland Police Association, said the union opposes a public inquest and wants to ensure the review of the officers' actions is fair. "Officers have real concerns about how their actions will be reviewed and judged," King said.

Perez's family decried the shooting. Several relatives and neighbors returned to the shooting scene, the parking lot outside the Lucky Day Cleaners & Laundry and City Food Market in the 7200 block of North Fessenden Street, to voice their anger at police and memorialize Perez with flowers, banners and balloons. Family members said Perez had been playing basketball at Pier Park before he was pulled over.

"I just don't understand why they shot him," said Ayesha Perez, 27, Perez's sister.

Evette Henderson, Perez's cousin, who went to the home of Perez's mother nine blocks from the shooting site, voiced similar concerns as she waited for answers from police.

"Why did they do it? " Henderson asked. "That's the whole question -- why?"

According to the preliminary police investigation, based on interviews with Macomber and other witnesses, Foxworth and Assistant Chief James Ferraris gave the following account of what occurred:

At 5:07 p.m. Sunday, Macomber and Sery, both with the Police Bureau for five years, pulled over a white, four-door 1997 Mitsubishi Diamante at North Fessenden Street and North Burr Avenue for "failure to signal within 100 feet of making a turn," Ferraris said.

Perez, who was at the wheel of the car, which was not registered in his name, had turned into the parking lot of the Laundromat and City Food Market. Macomber walked up to the driver's side of the car, and Perez told the officer he did not have a driver's license and didn't present any identification.

"Officer Macomber came into physical contact with Mr. Perez in an effort to take him into custody," Foxworth said. "During the struggle, the other officer, Officer Sery, fired multiple shots at Perez, striking him in the mid-body area."

Macomber and Sery were standing on the driver's side of the Mitsubishi, and Macomber had grabbed Perez's arm, Ferraris said. The driver's door was open.

At some point, police said, a Tazer was used, but police said it was unclear when the Tazer was fired, or if it struck Perez, because they had not yet interviewed Sery.

A woman who was doing her laundry at the Lucky Day Cleaners told Perez's relatives that she heard police telling Perez to get out of the car, and Perez repeatedly asking police, "What did I do?" The woman, who identified herself as Maria, said when Perez leaned over to unfasten his seat belt, police shot him three or four times, she said.

Portland police said they did not know if officers saw Perez reaching for a seat belt or were concerned that Perez was reaching for a weapon.

"We won't know until the investigation is completed," Ferraris said.

Portland police commanders also did not say whether the two officers who stopped Perez knew his identity when Sery shot him.

Under state law, failure to carry or produce a license is a Class C misdemeanor. Police have discretion whether to arrest or cite a motorist for such an offense. They may detain a motorist "only for such time as reasonably necessary to investigate and verify the person's identity."

Perez grew up in North Portland but was most recently living in Southeast Portland. He has a 6-year-old son living in Vancouver .

Clifford Swain, who knew Perez since he was a young boy growing up on North Hamlin Avenue, said he was disgusted by the shooting. "I can't see how what he did warranted being shot. I don't care who it is," Swain said. "It seems like the system allows them to get away with it."

Perez had a felony record for burglary, gun and drug possessions and was on parole at the time of his death, but there were no warrants for his arrest. His record included a 1998 conviction for assault of a police officer and resisting arrest following a traffic stop that bore a remarkable resemblance to Sunday night's stop. That stop ended with an arrest.

On Feb. 7, 1998, then-Portland Officers Gina Hoesly and David Meyer pulled Perez over for not signaling a left turn onto North Winchell Street at 11:28 p.m. After he failed to show a driver's license, they ordered Perez to keep his hands on the steering wheel.

Hoesly grabbed Perez's left arm in what police call a "control hold" in an attempt to take him into custody. Once police got him in the back of a police car, they noticed him trying to conceal something in his pants that turned out to be cocaine. Perez ran from the police car, and the two officers caught up with him and fought with him until they got him in custody.

Both officers sustained injuries, but neither used a deadly weapon against Perez.

Since the James shooting at a traffic stop in May, Portland police tactics for removing suspects from vehicles have come under scrutiny. The bureau's lesson plan, titled "In and Out of Vehicles," instructs officers to try to grab a suspect's arm, wrist or leg in a certain type of hold to remove the suspect from a vehicle. But the bureau contended the policy, although referring to uncooperative suspects who do not follow officers' commands, is really geared toward suspects passively resisting officers and would not apply to suspects who are aggressively trying to resist being removed.

In dealing with aggressive suspects, the bureau has said it instructs officers to draw from other defensive tactics, such as using the element of surprise, intimidation or dominance to gain control.

Foxworth said the bureau has responded to many of the community concerns raised after James' shooting. In the Perez case, for example, police immediately separated the officers involved, alerted the officers that they're not to discuss the case with one another, and had all officers involved interviewed within 24 hours.

But other steps recommended by community groups, such as the creation of a joint citizen-police board that reviews police use of deadly force and a request that officers document each time they draw their gun, have not been put in place. Foxworth said some of the steps require "budget considerations" and others need to be negotiated with the police labor unions.

The Perez investigation is expected to be completed by the end of the week and then presented to a Multnomah County grand jury. Sery and Macomber are off duty on paid administrative leave.

Mayor Vera Katz, who is also the police commissioner, declined to comment until all the officer interviews were completed.

From The Oregonian of Wednesday, March 31, 2004 -- Officers will face a public inquest: Multnomah County's district attorney calls for "sunlight" in the fatal shooting of an unarmed man
By Maxine Bernstein

Multnomah County District Attorney Michael Schrunk announced Tuesday he will hold an inquest into Sunday's fatal police shooting of an unarmed motorist to quickly put the facts of the case before the public.

"This is sufficiently unique enough that this calls for special procedures," Schrunk said. "We're dealing with an awkward procedure to get sunlight on what happened. We're trying not to single out any one person, but we want sunlight."

Schrunk's announcement of Portland's first such inquest in nearly two decades came as police disclosed new details about Sunday's shooting. A senior police official said that North Precinct Officer Jason Sery fired on 28-year-old James Jahar Perez because he thought the motorist had a gun.

The incident, police said, lasted less than a minute from the traffic stop to the shooting.

"Officer Sery subjectively believed that Mr. Perez was armed," Assistant Chief James Ferraris said.

A search of the car found no weapon on Perez or in the vehicle. Ferraris also said a "white chunky" controlled substance had been found on Perez during his autopsy.

Schrunk acted after calls for an inquest from two state lawmakers and Mayor Vera Katz. Portland Police Chief Derrick Foxworth said he supported the move, which will give an extraordinarily detailed look at the investigation.

"We've pledged to be open and transparent," Foxworth said. "We have nothing to hide."

An investigation of a police shooting routinely goes before a grand jury. In the case of Kendra James, who was shot and killed by police on May 5, a grand jury found no criminal wrongdoing by the officers. The Portland Police Bureau then released its approximately 600-paged investigative file on the case and held a forum with community leaders, which was widely criticized as ineffective.

An inquest will go much further, eliciting testimony from witnesses and forensic evidence, and the mayor has called for this inquest to be broadcast live on radio and TV.

An inquest, set up under Oregon state statute, is an informal proceeding intended to publicly review the facts of a death. A six-member jury listens to witnesses and considers evidence under the supervision of the district attorney. The jury returns only findings of fact, not of guilt.

The inquest jury is asked to determine who died, when the death occurred, and the cause and manner of death. The findings of an inquest are not admissible in a civil or criminal proceeding or a grand jury.

Schrunk said he found the community forum held after the shooting death of James ineffective and recognized there was a need to find a better method to respond to community concerns. He also said he considered the fact that Perez's shooting comes within 10 months of the Kendra James shooting.

An inquest will likely be scheduled at the county courthouse in two to three weeks. Schrunk said he has not decided whether he will lead it or assign a senior deputy district attorney to do so. The shooting case will then be presented to a Multnomah County grand jury to determine if there was criminal wrongdoing.

Schrunk, who in the past has criticized inquests for creating a circuslike atmosphere, said Tuesday he did not want to falsely heighten community expectations and tempered his support for an inquest with his own reservations about the process. He called it an "awkward procedure" that will require a strong focus to ensure it does not become a "witch hunt."

The news drew a rebuke from the police union and mixed reviews from community members.

Robert King, president of the Portland Police Association, defended Sery's actions as appropriate and said officers are discouraged and disturbed by the call for an inquest.

"I think the chief, the mayor and now the DA are acting predictably," King said. "I think officers see the public inquest as pandering and struggle to know how anything positive will come out of it."

State Sen. Avel Gordly, D-Portland, who had met with Schrunk on Monday to demand an inquest, said she was pleased it's going forward.

"What's happened is exactly what needs to happen," Gordly said.

Yet Gordly said the Police Bureau also needs to focus on revamping its officer training to avoid shootings. "We need to ask, 'What is it that leads officers to think the way out of a situation is to draw a gun and shoot and kill a person?' " Gordly said.

During her weekly "Vera and the Voters" discussion, broadcast on the OregonLive Web site Tuesday, Katz said the shooting raises so many questions that the public can't be shut out.

"A person was shot. There was no weapon. It occurred very quickly, on the heels of the Kendra James shooting -- less than a year," Katz said.

The Rev. Renee Ward, who volunteers with the Portland Police Bureau's Crisis Response Team, said the inquest is not enough.

"I'm not satisfied. There's no power behind an inquest," Ward said. "It's like giving someone a driver's license but no car to drive with."

The furor over the shooting spurred Foxworth to meet with Perez's family again Tuesday, and community leaders in North and Northeast Portland. It also has led to a separate FBI investigation, following a request by Foxworth and the African American Chamber of Commerce of Oregon.

"Obviously there are some problems in the police department that need to be corrected. This can't lead to simply another community meeting get-together, another study, another kumbaya," said Roy Jay, president of the chamber of commerce. "There are people in outrage, in shock from Beaverton to Gresham. They quickly realize this can happen in their neighborhood, to their families."

With the two officers' interviews completed, police and the union president Tuesday revealed other new details about the shooting.

The police union president said that Sery fired his gun because he thought Perez was reaching for a weapon in the car at some point during the vehicle stop in North Portland.

Sery shot Perez three times in the torso with his 9 mm handgun as his partner struggled to get him out of the car for not producing a driver's license, police said. Perez died from a chest wound, an autopsy found.

Ferraris said Sery's partner, Officer Sean Macomber, fired two Taser shots at Perez after Sery's gunshots. One of the electric probes struck Perez in the forearm; the other hit the car seat. Police could not explain why the Taser was fired after the gunshots.

Police also said there was no indication that either Sery or Macomber, who pulled Perez over, knew his identity before the shooting occurred.

After an inquest and a grand jury hearing, the Police Bureau will conduct its own administrative review to determine if the shooting fell within bureau policy. Katz wants to include citizens on a use of a force review board. Foxworth said the bureau is working to include citizens but does not know if that will be possible by the time the bureau examines the Perez shooting.

The last two inquests in Multnomah County were held in 1985 and 1975. In most recent inquest, the jury ruled 5-1 that police were criminally negligent in killing Lloyd D. "Tony" Stevenson, a 31-year-old security guard. The inquest jury found that Stevenson died on April 20, 1985, because of the application of a carotid-artery hold applied by Officer Gary Barbour.

A grand jury reviewing the case afterward did not find the police action criminal, but the bureau ultimately banned the use of the carotid_artery hold.

In 1975, an inquest jury found the police shooting of Rickie Charles Johnson, 17, justifiable. A police officer posing as a cab driver shot and killed Johnson during an armed robbery of a North Portland house.

From The Oregonian of Thursday, April 1, 2004 -- Good cop or bad cop? Fans and foes of the officer in this week's fatal shooting paint a conflicting picture
By Maxine Bernstein

Three weeks ago, Portland police Officer Jason Sery pulled his gun on a 24-year-old man who was standing with his hands in his pockets in the middle of North Lombard Street, according to his report on the incident.

Sery, now under investigation for his shooting of an unarmed motorist Sunday, had been conducting surveillance with other officers on a nearby apartment complex they thought was a gang hangout, the report said. When two men lingered in the middle of the street, Sery got out of his unmarked car and told them to take their hands out of their pockets.

When one didn't immediately respond, "I drew my pistol," Sery wrote. He said that the two men were known gang members and that one of them had binoculars and had been recently convicted of resisting arrest.

A conflicting picture emerged Wednesday of Sery, a 29-year-old patrolman who has served for five years with the Portland Police Bureau.

A police supervisor and member of a neighborhood group in North Portland said Wednesday that Sery was a conscientious officer responsive to community concerns about drug dealing and gang activity.

But three Portland residents, including the man stopped on Lombard Street, said their recent encounters with Sery over minor infractions quickly escalated into heated confrontations or physical struggles. Portland police records show Sery has had one internal affairs complaint against him; it was not sustained.

"Jason is a fantastic officer. He attends our association meetings and is an asset to our community. He's very conscientious and works closely with the neighbors," said Pamela Plance, who is involved in the St. Johns Neighborhood Association.

"He's one of the best officers I've ever supervised. He's one of the best in the precinct," North Precinct Sgt. Doug Justus said, adding that he hasn't received complaints about Sery. "I've stopped 10,000 people for failing to signal within 100 feet of a turn. Our job is to enforce the traffic laws. He's doing his job."

But Domenicke Sanders, the man who was stopped on Lombard Street on March 7, had a very different view of Sery.

"I was walking across the street, and I got a gun pulled on me," Sanders said this week. "That's nuts." Sanders said Sery was the only one of three officers there that night to draw his gun.

According to Sery's report, Sanders was cited for disorderly conduct "for standing in the middle of a busy street." The case is pending.

Police are continuing to investigate Sunday's shooting of James Jahar Perez, 28. Sery shot and killed Perez after pulling him over for a routine traffic violation in North Portland.

Police said Sery fired on the unarmed motorist, who had refused to provide identification and was struggling with Sery's partner. Sery, they said, thought Perez was armed. The incident occurred in less than a minute.

The three men who have had previous encounters with Sery said they saw striking similarities to Sunday's incident.

"Booming" stereo attracts police

Daemon Bowman, the other man stopped by Sery on Lombard Street, had his own run-in with Sery.

On Sept. 9, 2003, Sery stopped Bowman for a "booming" car stereo after he drove into the parking lot of his apartment complex in North Portland and was walking toward his unit. According to Sery's report, Bowman could not produce a driver's license or identification.

Bowman, angry that police raced up to him for a minor offense, said he walked back to his car to get his identification. While he was seated in the car, unable to provide a driver's license, Bowman said, police yanked him out.

"Sery Maced me and the other officer grabbed me, and they threw me on the side of the car. One guy took me to the ground with his knee on my back, and Sery had his baton out striking me," Bowman said.

Bowman was charged with resisting arrest, disorderly conduct and fourth-degree assault. A judge sentenced him to 15 months' probation for resisting arrest. The other two charges were dismissed. His mother filed a complaint with the Internal Affairs Division on Sept. 11, 2003, submitting photos of her son's bruised arm, hip and buttocks from the baton blows.

In a Nov. 13, 2003, letter, internal affairs Capt. Darrel Schenck declined the complaint, the only one in Sery's file, Schenck said.

The Police Bureau said Sery's use of force was warranted because Bowman became violent and abusive toward officers.

Bowman's mother, Toni Allen, disagreed with the finding.

"I understand he had no driver's license, but that doesn't give them the right to beat the hell out of him," Allen said. "Just because you have a badge doesn't give you the right to do what you want to do."

Bowman, 30, acknowledged that he had been involved in a gang in Los Angeles as a teenager and has prior criminal convictions. But he and Sanders denied being active in a gang in Portland.

Man recalls confrontation

Darren Luethe, 38, said he also had a heated encounter with Sery. There was no detailed police report on the incident, which could not be independently confirmed.

Luethe said he stepped out of his house on North Fox Street about 11 p.m. Jan. 16, 2003, to lock up his van when he heard an officer screaming, 'Get out of the car!"

According to Luethe, Sery walked up to his van, asked for his identification and told him he failed to use a turn signal. Luethe said that couldn't be, explaining "I'd been home all day."

Luethe said the officer asked for his driver's license, but prevented him from entering his house to obtain identification and told him he was under arrest.

Luethe said Sery grabbed him by the arm and handcuffed him. He was cited for driving uninsured, driving while suspended and having a broken taillight, even though Luethe said he was not allowed to get the keys to his van to start it up.

Luethe said he asked for Sery's supervisor to respond because he was so irate about how Sery was treating him.

"I don't think I've ever been so scared in my life," Luethe said. "It was like he was just begging for a fight."

Luethe went to court July 11, relayed his side of the story to a judge and was found guilty of driving uninsured.

Police Union President Robert King said he could not comment on the allegations raised because he was not familiar with them. Sgt. Cheryl Robinson, Portland police spokeswoman, said only that Sery's police record of one complaint speaks for itself.

Sery, who remains off duty on paid administrative leave while police investigate Sunday's shooting, started his career with the Billings Police Department in Montana after attending Montana State University and interning one summer with the Billings police force.

Court records show Sery got a "borderline do hire" recommendation on his psychological test and worked for the 125-member Billings department from November 1996 to mid-January 1999, when he was hired by Portland police.

"There was nothing in his record, nothing in his job performance that would indicate a hothead at all," retired Billings Lt. Larry Reinlasoder said.

From The Oregonian of Thursday, April 1, 2004 -- Portlanders recall clashing with officer who shot man: Some residents claim Jason Sery became violent after stopping them for minor offenses, but others call him a good cop
By Maxine Bernstein

Toni Allen and her 30-year-old son, Daemon Bowman, rushed to the makeshift memorial site where James Jahar Perez was fatally shot by police as soon as she heard Portland police identify Jason Sery as the officer who fired the shots.

"All the hair on my arms stood up when I heard his name," Allen recalled this week. "I needed to go up there."

Bowman and at least two other Portland residents recently recounted run-ins with Sery in the past year in which they were stopped for a minor infraction that quickly turned into a heated confrontation or physical struggle and ended with arrest for disorderly conduct or resisting arrest.

They allege that Sery, a weightlifter whom they often saw wearing the short sleeves of his police uniform rolled up above his biceps, started the confrontations.

Yet the Portland Police Bureau, an immediate supervisor and St. Johns community representatives portray a much different picture of Sery, who remains off duty on paid administrative leave while police investigate his shooting Sunday of Perez, an unarmed motorist.

Police say Sery, a 29-year-old North Precinct senior neighborhood officer, has had one complaint filed against him with the Internal Affairs Division in his five years with the department that was not sustained, and community members say he's been responsive to their concerns about area drug houses and is a conscientious officer.

Bowman's encounter with Sery occurred about 9 p.m. Sept. 9, 2003, when the police officer stopped Bowman for a "booming" car stereo after he drove into the parking lot of his apartment complex in North Portland. What began as a minor noise infraction quickly elevated to a physical struggle between Sery and Bowman after Bowman could not produce a driver's license or identification.

Sery pepper-sprayed Bowman to remove him from the car, and with a fellow officer, took him to the ground and struck him repeatedly with his baton, according to police reports and interviews.

"I understand he had no driver's license, but that doesn't give them the right to beat the hell out of him," Allen said, referring to her son. "Just because you have a badge doesn't give you the right to do what you want to do."

Two other Portland residents recounted similar hostile encounters after being stopped by Sery in the past year.

Police Union President Robert King said he could not comment on the allegations raised because he was not familiar with them. Sgt. Cheryl Robinson, Portland police spokeswoman, said only that Sery's police record of one complaint speaks for itself.

Other community members who know him praised his police work.

"Jason is a fantastic officer. He attends our association meetings and is an asset to our community. He's very conscientious and works closely with the neighbors," said Pamela Plance, who is involved in the St. Johns Neighborhood Association.

Sery started his career with the Billings Police Department in Montana after attending Montana State University and interning one summer with the Billings police force. Court records show Sery got a "borderline do hire' recommendation on his psychological test and worked for the 125-member Billings department from November 1996 to mid-January 1999, when he was hired by Portland police.

"There was nothing in his record, nothing in his job performance that would indicate a hothead at all," retired Billings Lt. Larry Reinlasoder said.

Several who have been arrested or stopped by Sery portrayed a much different view.

In Bowman's case, he was handcuffed, arrested and accused of resisting arrest, disorderly conduct and fourth-degree assault. A judge sentenced him to 15 months' probation for resisting arrest, and the other two charges were dismissed. His mother then filed a complaint with the Internal Affairs Division on Sept. 11, 2003, submitting photos of her son's bruised arm, hip and buttocks from the baton blows.

Bowman said he was already out of his car, walking to his apartment carrying bags of food when Sery and other officers pulled up to him. They told him they heard his stereo blasting. Sery asked for his driver's license or ID. Bowman, angry that police raced up to him for a minor offense, said he walked back to his car to get his identification. While he was seated in the car, unable to provide a driver's license, Bowman said, police yanked him out.

"Sery Maced me and the other officer grabbed me, and they threw me on the side of the car. One guy took me to the ground with his knee on my back, and Sery had his baton out striking me," Bowman said.

The Police Bureau said Sery's use of force was warranted because Bowman was the one who became violent and abusive toward officers, according to police reports. In a Nov. 13, 2003, letter, internal affairs Capt. Darrel Schenck declined the complaint, the only one in Sery's file, Schenck said.

"The system did squat for us," Allen said. "This needs to be known."

Another city resident, Darren Luethe, 38, said he had stepped out of his house on North Fox Street about 11 p.m. Jan. 16, 2003, to lock up his van when he heard an officer screaming, "Get out of the car!" According to Luethe, Sery walked up to his van, asked for his identification and told him he failed to use a turn signal. Luethe said that couldn't be, explaining, "I'd been home all day."

Luethe said the officer asked for his driver's license, but prevented him from entering his house to obtain identification, and told him he was under arrest. According to Luethe, Sery grabbed him by the arm and handcuffed him. He was cited for driving uninsured, failure to show a driver's license and having a broken taillight, even though Luethe said he was not allowed to get the keys to his van to start it up.

Luethe said he asked for Sery's supervisor to respond because he was so irate about how Sery was treating him.

"I don't think I've ever been so scared in my life," Luethe said. "It was like he was just begging for a fight. I was so mad. The officer is belligerent. He's totally an instigator."

Luethe went to court July 11, 2003, relayed his side of the story to a judge and was found guilty of driving while uninsured.

North Portland resident Domenicke Sanders, 23, a neighbor who had witnessed Bowman's arrest by Sery last year, said he was walking across North Lombard Street about 7 p.m. March 7 when Sery and a couple of other officers jumped out of a white, unmarked car and ordered him to get his hands out of his pocket and interlock them behind their head.

"There were just one guy who pointed his gun and that was Jason Sery," Sanders said. Sanders said he complied, and Sery handcuffed him and placed him in the back of his car. He was cited for disorderly conduct, a case that is pending.

According to Sery's police report, Sery and two other officers were doing surveillance on the North Lombard apartments where Sanders and Bowman live, noting the complex is home to several gang members. Sery said he and the officers saw a man walk into the street and stand for several seconds, then walk back to the apartment complex and return to the street with Bowman, whom Sery recognized.

The police car rolled up to the men, and Sery shined a spotlight on them. Sery got out of the car and ordered both to remove their hands from their pockets. In the report, Sery said he drew his gun and ordered the two men to show their hands because he knew them as gang members and remembered the struggle he had with Bowman on his prior arrest.

Bowman, who said he had been involved in a gang in Los Angeles as a teenager, and Sanders both denied being active in a gang.

According to Sery's report, Sery did handcuff Sanders, place him in the police car and cited him for disorderly conduct "for standing in the middle of a busy street."

"I was walking across the street and I got a gun pulled on me and a ticket for disorderly conduct," Sanders said. "That's nuts."

From The Oregonian of Friday, April 2, 2004 -- It was over in seconds: Police radioed that an officer shot James Jahar Perez 24 seconds after reporting the traffic stop, the police chief says
By Maxine Bernstein

Twenty-four seconds elapsed between the time that a Portland officer radioed the traffic stop of James Jahar Perez on Sunday to an officer's radio call that shots were fired, Portland Police Chief Derrick Foxworth disclosed Thursday.

The first radio call may have come as the officer already had stepped from his car and was approaching Perez in the parking lot of the Lucky Day Cleaners & Laundry, Foxworth said.

Officer Jason Sery, 29, and his partner, Officer Sean Macomber, 30, pulled over Perez at 5:07 p.m. Sunday at North Fessenden Street and North Burr Avenue for failure to signal within 100 feet of making a turn. In less than 30 seconds, Sery had fired three shots from his 9 mm at Perez because Sery thought the motorist was armed, police said.

Perez, 28, died from a wound to the chest.

Macomber, who had been struggling to remove Perez from the front seat of the car after he failed to produce a driver's license or identification, then fired his Taser gun at the driver.

The chief said he didn't recall a similar occurrence in Portland in which an officer had fired a Taser after a firearm was used.

The cycle of the Taser lasted 3 minutes, 19 seconds, Foxworth said. Detectives determined the length of the Taser cycle by examining the data cartridge attached to the weapon. One of the electric probes struck Perez in the forearm; the other hit a car seat, police said.

"I don't think we've had other situations where the Taser has been cycled that long," Foxworth said.

However, a spokesman for the stun gun's manufacturer said late Thursday that the length of the cycle wouldn't have mattered, since only one of the darts hit Perez's body and he likely didn't receive a shock. "Think about electricity," said Mark Johnson of Taser International. "You have to have a positive or a negative to get it to work. If one (probe) hit the seat, there is no way he received a shock."

Even if both darts had hit their target, the gun would need to discharge 400 times more electricity to be lethal, he said. Also, he said the length of the cycle was the longest he had heard during its use by police forces around the country.

City settles separate Sery case

In another case, the city of Portland paid a $5,000 settlement in January to a Portland man who claimed Sery and another police officer used excessive force against him in 2001.

Martin Dennis claimed that he was at the Astro gas station at 2809 N. Portland Blvd. on Aug. 26, 2001, when he was knocked unconscious by police. He claimed that he suffered injuries to his head, right ear and right eye.

In the August 2003 federal lawsuit, Dennis named Sery as a defendant and asked for a combined $355,000 in damages from the city.

The city said in court records that Dennis was injured while being taken into custody but that Sery arrived at the scene after Dennis already had been handcuffed and placed in a police car.

As part of the settlement, the city did not admit any wrongdoing on the part of the officers.

Dennis declined to discuss the case Thursday.

Foxworth said Thursday that he expects to set up a joint police-citizen use of force review board by July 1 that would examine all deaths in police custody, use of less-lethal weapons and deadly force.

Under preliminary plans, the board would consist of three assistant chiefs, a police commander who is not the supervisor of the officer in question, an officer's peer representative such as a fellow officer or sergeant and two to three citizens. How the citizens would be selected has not been determined.

From The Oregonian of Friday, April 2, 2004 -- Shooting fills family with grief, questions: Relatives struggle to make sense of a Portland police shooting that killed James Jahar Perez and left a void in their lives
By Noelle Crombie

Paul and Jeannie Lindsey's Northeast Portland house bustled with family Wednesday night. People piled fried chicken onto plates and wandered out to the porch. Others sat around the dining room table and talked.

The only person missing was James Jahar Perez. Known as Jahar among his family, Perez was a regular at his aunt and uncle's home on Northeast Jessup Street. He dropped by almost daily to see what Jeannie had cooking on the stove or to join in his cousins' game of dominoes.

But Wednesday, his family was planning Perez's funeral. Perez, 28, was shot to death Sunday afternoon by a Portland police officer who stopped him on a North Portland street not far from where Perez's mother lives.

His family is struggling to understand how a traffic stop escalated so quickly into a physical altercation, and how Perez ended up shot to death on a busy street in broad daylight.

Perez had a felony record for burglary, gun and drug possessions and was on parole at the time of his death, but there were no warrants for his arrest. His record included a 1998 conviction for assault of a police officer and resisting arrest following a traffic stop similar to Sunday night's stop. That stop ended with an arrest.

This week, his family said he was trying to overcome his troubled past.

"Just because you have a criminal record is no reason to be shot down like he was shot down," Paul Lindsey said. "I'm still shook up about it."

Lindsey said his nephew didn't talk much about his run-ins with police or his criminal history. He served time in prison and seemed to mature after he was released. He talked about raising his 6-year-old son, James Jahar Perez Jr., and wanted to find a job. He celebrated his son's birthdays, and often brought him to family gatherings.

Perez grew up in North Portland but was most recently living in Southeast Portland.

Perez's mother, Deborah Perez, was too grief-stricken this week to talk about her son, who was one of three children. Her friend, Lanita Stephens, said Perez was a good son.

"It's a great loss," Stephens said.

His cousins described Perez as a big brother, a spirited man who regularly checked on his mom and was a frequent guest at the Lindseys' home. He was there several nights last week, stopping by for dinner and an occasional card game. His favorite dish was steak.

"He always ate," Jeannie Lindsey said.

He listened to hip-hop and R&B, followed the Blazers and was quick to offer his opinions on sports.

He listened to his cousins' relationship troubles, offered advice to his younger relatives and didn't dwell much on his past. Lately, he'd started asking older relatives about the family tree, which they saw as a sign of maturity.

"He just wanted to go in the right direction," said family friend Eric Owens. "He was really focused on a direction in life."

His family didn't pass judgment on his past.

"Everyone has skeletons in their closet," Paul Lindsey said. "It's growing up and doing the right thing that makes a difference."

Perez didn't mention being concerned about police stopping him. His uncle, however, expressed frustration and outrage over what he perceives as racial profiling by Portland police. He described police stopping him for what he sees as minor traffic infractions and said his teenage sons have been stopped frequently.

"This is what we've got to go through all the time right in our own neighborhood," Paul Lindsey said.

He instructs his sons to cooperate, act responsibly and always make sure their hands are visible when stopped.

"Keep your hands on the dashboard and nothing will happen to you," he said.

This week, as Perez's family crowded into the Lindseys', his cousin Khalimah Lowe said he will be missed.

"It's just sad," she said. "It's a big loss to the family. He didn't deserve to die like that, over a traffic stop."

Perez's funeral will be at 11 a.m. Saturday in the Maranatha Church, 4222 N.E. 12th Ave., at the corner of Northeast 12th Avenue and Northeast Skidmore Street.

From The Oregonian of Monday, April 5, 2004 -- Rally calls police to account: Speakers impassioned by a man's shooting death preach peaceful action
By Bryan Denson

State Sen. Avel Gordly encouraged protesters Sunday to stand behind Portland's chief of police as authorities seek to determine how an officer came to shoot to death an unarmed man, James Jahar Perez, on March 28 in the north end of the city.

"He needs to have our support," Gordly implored a crowd estimated at 700 that filled Terry Schrunk Plaza downtown. And, she said of Chief Derrick Foxworth, "He needs to have our back."

The senator asked the crowd to point their fingers at the words of the Rev. Martin Luther King Jr. that are inscribed on the wall of the Justice Center across the street from the park. Pointing her own index finger, she recited the words: "Injustice anywhere is a threat to justice everywhere."

The Sunday evening gathering, under a placid blue sky, drew community and religious leaders from many races, faiths and ethnicities. Some carried signs that read "Justice" on one side and "Justicia" on the other. Other signs mirrored the anger that connected the crowd: "Stand together or die alone," "Stop them from killing us Fox" and "Take the racism out of police work."

One speaker after another preached a peaceful -- but by no means quiet -- response to the shooting death of Perez by 29-year-old Officer Jason Sery.

Police say Sery and his partner, Officer Sean Macomber, pulled Perez over in his car on the evening of March 28 for failing to signal within 100 feet of making a turn in his car. Less than 30 seconds after the stop, Sery fired his 9 mm handgun three times. Perez's heart was punctured by one of three bullets in his chest.

Police say Sery thought Perez had a weapon. An autopsy showed that Perez had almost lethal levels of cocaine in his body at the time of the shooting.

Many in the crowd were angry at city police, a knot of whom gathered across the street to monitor the gathering. Police kept a respectful distance, intentionally keeping a low profile.

Police and protest coordinators had met in advance to discuss how they could ensure a peaceful demonstration, according to Central Precinct Cmdr. Rosie Sizer, who stood beneath the words of King that Gordly had pointed out.

"We met with the coordinators, and they were just terrific," Sizer said, pointing out that they had a plan to mediate disturbances by anyone who became overly agitated or acted out. The group summoned its own security team, including volunteers from the Nation of Islam, to ensure a peaceful gathering.

Many of the speakers were angry but restrained Sunday, the day after Perez's family buried him.

"In hurt, let us find the power to make great strides in our new civil rights struggle," implored 18-year-old Charles McGee, a member of the Portland Unity Coalition. "And in the face of anger and hurt, let us insist that the leaders of our city press forward and to ensure that no officer who shoots and kills unarmed citizens have a place on our streets."

Gordly told the crowd that the city had studied the problems of its police force long enough and that much of the problem falls on training. "It takes more training and time to become a licensed hairdresser or barber in Oregon than it does to become a police officer," she said, drawing cheers. "In Oregon, police officers get 10 weeks of training -- the national standard is 22 weeks."

Moments after her speech, Gordly complained that officers were young, inadequately trained and armed.

"You give them a gun, and it's a recipe for disaster," she said. "We know that. If you know that, we (need to) change the recipe. . . . You get what you train for. And what you get is, they're trained to shoot."

The senator said she had met with Foxworth several times since the shooting of Perez.

"He's focused," she said. "He's committed. He's very, very clear on where the changes need to occur."

All the talk and all the cries for justice were too little for 60-year-old Floyd Cruse, a former Black Panther who buttonholed Gordly after her speech. Loudly he told the senator that shadowing the police -- with video cameras and tape recorders and eyewitness accounts -- was a time-tested remedy to preventing overly aggressive police tactics.

Cruse, who described himself as minister of information for the Panthers' Portland chapter in the late 1970s, a time when the group shadowed city police, said that the strategy worked to prevent violence against citizens.

"These guys," he said, indicating the crowd, "are gonna go out of here and nothing's gonna happen. At a minimum, we can shadow 'em."

Across the street, Sizer considered the strategy with a smile. Police can scarcely make a scene in any neighborhood, she said, when residents aren't shooting video or snapping photos with a camera phone.

From The Oregonian of Tuesday, April 6, 2004 -- Police expand questioning in shooting: Portland detectives, with earlier inquiries called too narrow, ask whether officers heeded training and policies
By Maxine Bernstein

Detectives investigating the Portland police shooting of James Jahar Perez are questioning the two officers involved about whether the actions they took conformed to their training and bureau policies, senior police officials said Monday.

"We're expanding the scope of detectives' questioning to cover a broader range of issues," Assistant Chief James Ferraris told community members gathered Monday for the Chief's Forum. "We're building it in on the front end of the investigation, rather than the back end."

The enhanced scope of the interviews comes partly in response to an outside consultant's report last year that found detectives' interviews of officers involved in deadly shootings were narrow in focus, and sometimes didn't touch on training or their actions leading to the use of deadly force.

Police Chief Derrick Foxworth, along with Ferraris, told forum members that detectives have interviewed at least 40 people and expect to complete the criminal investigation of the March 28 shooting by the end of the week. It will be turned over to the Multnomah County district attorney's office, which plans to hold a public inquest into the shooting.

A Multnomah County grand jury hearing will follow. Then, a bureau administrative review of the shooting, which includes an examination by training officers of the police tactics and equipment used, will be held.

Talk of shared discomfort

Foxworth pleaded with residents to have patience and allow the investigation to run its course as community members at the forum continued to voice anger and frustration.

"How many of you feel a little bit uncomfortable this morning?" Foxworth asked the group of neighborhood representatives who meet with the chief twice a month.

"Somewhere deep inside we're a little disturbed. I think we all are . . . that's good. We need to take those concerns, take those uneasy feelings and work together to find some solution."

More than 30 people attended Monday's forum, with some exasperated at having to discuss another controversial police shooting within 10 months of the fatal shooting of Kendra James. Others called on the bureau to revamp training, hire more minorities and instill an attitude among officers that they need to get to know the residents and merchants in the neighborhoods they patrol.

Officer Jason Sery, 29, fatally shot Perez, 28, because he feared Perez was armed after he stopped the motorist about 5 p.m. March 28 for failing to signal within 100 feet of a turn.

Richard Brown, a member of the Chief's Forum, said he was fed up.

"We're still talking about what we're going to do if this happens again, instead of what we're going to do to prevent it from happening," Brown said. "I want officers to go home to their families at night. I want citizens if they're stopped to go home to their families also. From this day forward, we need to tell officers that interacting with citizens is what this job is about."

Review board planned

Assistant Chief Bruce Prunk said the bureau plans to create a use-of-force review board by July 1, another recommendation from the consultant's report released last year by the Los Angeles-based Police Assessment Resource Center. The board would likely not be in place for the Perez shooting.

But within 30 days, the bureau expects to draft a policy directive for a new board that would review police use of deadly force, in-custody deaths and other cases that result in serious injuries, Prunk said. The board would determine whether police action fell within bureau policy. If not, the board would recommend discipline to the chief.

Under a draft plan, the board would consist of three citizens, three assistant chiefs, a captain or commander who is not the supervisor of the officer involved and two or three peers of the officer whose action is being reviewed.

Dan Handelman, of the police watchdog group Copwatch, said the suggested makeup of the board appeared lopsided, with three citizens who could be unfairly influenced by police. He urged the chief to get input from the public on the makeup of any new board.

East Portland Crime Prevention Specialist Katherine Anderson told the chief she appreciates the steps the bureau is planning. "But they're going to take some time," she said. "What's a more immediate response?"

The Rev. Renee Ward, a volunteer with the Bureau's Crisis Response Team, said she thinks the shooting resulted from a "training problem" in the bureau and said she hopes the bureau will put its policies "under a microscope."

Officer Scott Westerman, representing the police union on the Chief's Forum, said residents should not rush to conclusions. "I would just hope everyone would wait until all the information to form their opinions," he said.

The chief, who last week passed out a "Special Bulletin" to explain to officers his decision to support an inquest and a federal civil rights inquiry, also decried the distribution of a flier at a rally on Sunday that identified the names and home addresses of the officers involved in the Perez and James shootings. The Coalition of Black Men, which organized the rally, said it did not condone the action.

Foxworth pledged he will make needed changes in the bureau.

"I guarantee that. There are lessons that we learn through each of these incidents," the chief said. "This is very emotional. What we need are calm heads. Let the process take place. We will get through this together, and we'll be a better organization for it."

From The Oregonian of Tuesday, April 6, 2004 -- Officer sues to block inquest: Jason Sery's lawyer says such a high-profile review of a motorist's death would be unfair
By Maxine Bernstein

Portland Police Officer Jason Sery on Monday filed a lawsuit in Multnomah County Circuit Court seeking to prohibit the district attorney from holding an inquest into the March 28 shooting of an unarmed motorist.

Sery's lawyer, Lawrence Matasar, argued in the complaint that a public, televised inquest into the death of James Jahar Perez, 28, would be prejudicial and deny the officer's right to an impartial grand jury.

The complaint also contends that Multnomah County District Attorney Michael Schrunk's stated purpose for holding an inquest is to provide the public with information about the police shooting, which Matasar said is not the purpose of an inquest according to Oregon state law.

"He's creating a press conference essentially instead of an inquest," Matasar said Monday. "In our view, you wouldn't have a press conference before a trial because it's not fair to the accused."

Presiding Judge Dale Koch has asked each side to meet with him before he schedules a hearing. The state attorney general's office likely will defend Schrunk, said Kevin Neely, spokesman for Oregon Attorney General Hardy Myers.

"I presume our office will provide the defense," Neely said. "We'll have to review the complaint and make a determination as how to proceed. Our office has taken an initial look at the laws surrounding an inquest, but not as it relates to this case."

Schrunk said Monday: "It's one of those situations where you're trying to do the right thing for the right reason. In this case it's a vehicle to get the information on the shooting into a public setting. I guess I'm damned if I do and damned if I don't."

Sery, 29, fatally shot Perez after he stopped the motorist about 5 p.m. in North Portland for failing to signal within 100 feet of a turn. Police said Perez did not produce a driver's license or identification, and struggled with Sery's partner, who was trying to take him into custody.

Sery fired three shots from his 9 mm handgun because he believed Perez was armed, police said. Perez died from three wounds to his left chest. A near-lethal amount of cocaine was in his system at time of death, an autopsy found.

A day after the shooting, two state senators and community leaders sought an inquest, and Schrunk announced last Tuesday that he would hold one by the end of this month after talks with the mayor and police chief.

In a prepared statement last Tuesday, Schrunk said, "In this case the public has a sufficiently urgent need to have accurate information in a timely manner. Therefore, I believe the extraordinary procedure of a public inquest is justified."

Schrunk, in last Tuesday's announcement, said the inquest's scope would be limited to four questions as outlined in state statute: who the deceased was, when and where the death occurred, cause of death, and manner of death.

It will be a fact-finding proceeding and is not designed to determine whether an officer was justified in using deadly force, he said. The grand jury, which would be convened afterward, would decide that.

In Sery's complaint, Matasar said the answers to the four questions are known, and he criticized the district attorney's office for not having a standard or written procedure for determining when an inquest is held.

"They can't just pick and choose among their cases when to hold an inquest," Matasar said, noting the county has had about 100,000 deaths since the last inquest in 1985.

Schrunk has hesitated to call for pubic inquests in the past, recalling that the last inquest into a death involving Portland police custody in 1985 turned into a circus. Yet, in this case, he has assured the police chief that the inquest will be orderly and structured.

Portland police are continuing a criminal investigation into the shooting of Perez. They've interviewed at least 40 people and expect to complete their reports by week's end, Portland Assistant Chief James Ferraris said.

Their investigation will be turned over to the Multnomah County district attorney's office, which had planned to hold the inquest the third or fourth week in April.

If the inquest proceeds, Sery, a five-year member of the Portland Police Bureau, will not participate, his lawyer said.

"He's not going to testify at the inquest if the inquest occurs before the grand jury," Matasar said. "My client has a constitutional right not to talk to anybody, but he already gave a detailed statement to the detectives. He didn't have to do that."

From The Oregonian of Wednesday, April 7, 2004 -- Police quick to pull gun, witnesses say: Passers-by describe a traffic stop that didn't look routine from the beginning
By Julie Sullivan

Two witnesses say Officer Jason Sery had his gun drawn when he approached James Jahar Perez's car for what Portland police have said was a routine traffic stop in broad daylight.

Within seconds, Sery and his partner were shouting at Perez, the witnesses said. Both heard someone scream, "Get out of the car," and Perez's question, "What did I do?"

One witness who said he had direct view into the driver's side of the car said he saw Sery's partner, Sean Macomber, briefly pull on Perez's left shoulder.

Moments later, according to four people who were present, Sery and his partner backed away from the car, with Sery firing three shots from a crouched stance in rapid succession. One witness recalls hearing one of the police officers shout, "Don't do it," shortly before the first shot rang out.

Details are emerging in the death of Perez, 28, who was shot by police March 28 in a North Portland parking lot.

The witnesses said they saw nothing that would explain why the North Precinct officer fired. Police have said Sery, 29, had the "subjective belief" that Perez had a gun. Perez did not.

The witness accounts raise questions about the tactics chosen by Sery and his partner. In an ordinary traffic stop, Portland Police Bureau officers approach a car on either side with their guns holstered. In what police call "high risk" stops involving a potentially dangerous motorist, officers are trained to wait for additional backup, draw their guns, take cover and instruct occupants to leave the vehicle.

Police have said that Perez was pulled over for failing to use a turn signal. They have not said whether the officers had any other reason for stopping the car. Perez was found with cocaine in his system and plastic bags of drugs in his mouth and pants packet.

Chief Derrick Foxworth said, "Unfortunately, I cannot release any more details in this case without compromising the impending inquest and grand jury proceedings." Lawrence Matasar, Sery's lawyer, also declined comment.

In the hour after the March 28 shooting, dozens of neighbors congregated around the Lucky Day Cleaners and Laundry in the St. Johns neighborhood. But interviews by The Oregonian show that only a handful of people witnessed the shooting.

As the investigation deepens, authorities will draw on such accounts to create a more complete picture of what happened in the 24-second incident.

The four witnesses offered remarkably similar stories. At the request of The Oregonian, each drew diagrams of what they saw, which were largely consistent. The presence of each at the scene was confirmed by other witnesses.

Their vantage points have limits. Only one says he could see directly into the car. And two of the four might have arrived after the initial struggle between Perez and Macomber.

Seven detectives from Portland, Gresham and the Oregon State Police have conducted at least 40 interviews in connection with the shooting, with a Multnomah County senior deputy district attorney overseeing the inquiry, police said.

Two of the four witnesses interviewed by The Oregonian have felony convictions. All four say they did not know Perez or either officer by sight. One of the witnesses, Martin Dennis, filed a 2003 lawsuit against the city charging excessive use of force three years go by several officers, including Sery.

"I've been on parole. I hope that doesn't make me an incredible witness. But my statement isn't going to change," said Kim Sundquist, 47, who was convicted of drug possession. "Whoever it hurts or helps, I want people to know the truth and not for any other reason."

All say they are willing to testify at an inquest or grand jury. Richard Brooks, who is on probation for a burglary conviction, was interviewed by police shortly after the shooting. He reported the contact to his probation officer the following day and underwent a urinalysis. But he has yet to be contacted by investigators.

The witnessess said they were bothered that neither police nor other emergency workers moved to resuscitate Perez after the shooting. Instead, Perez's body was handcuffed with plastic restraints to the car as the investigation unfolded.

One eyewitness, a young woman named Maria who says she saw the shooting from the laundry, has rebuffed police investigators saying she would speak only to an attorney representing the Perez family.

Sery and Macomber, 30, pulled off North Fessenden Street and into a parking lot behind Perez at 5:07 p.m. that Sunday, police have said.

"A live episode of 'Cops' "

The flashing lights of the squad car behind Perez's white sedan drew Brooks, 28, from the park across the street, who quipped to a friend, "let's watch a live episode of 'Cops.' "

Brooks said that when the officers walked around the front of the police car, "they had their guns drawn.".

He heard the officers hollering, "Let me see your hands, don't move," and "Get out of the car." He said Perez stayed in the car but did not visibly resist. Brooks said he never saw Perez struggling with Macomber.

"He never made a move except to turn his head and say, 'What did I do? What did I do?' His right hand was on the steering wheel the entire time," said Brooks, who is 6 feet 4 inches tall and was standing on a curb watching less than 30 feet away.

Dennis, 47, was driving east past the entrance to the laundry parking lot when he saw an officer later identified as Sery walk around the patrol car with his gun drawn.

Dennis pulled immediately into the second entrance of the parking lot to watch. He said he saw Sery's partner reach into the car as though pulling at the driver's shoulders with both hands, then step quickly back. According to Dennis, Perez's hands at that point were in his lap, not moving.

Dennis said Sery dropped into a crouch and began firing as Macomber, either simultaneously or in quick succession, fired his Taser, a device that paralyzes with an electric jolt conducted through wires. The Taser continued to fire for more than three minutes, the police have said.

"Don't do it"

Sundquist was driving her 1991 Cadillac west on North Fessenden. She and her friend Cara Sanchez, 29, were on their way to play bingo. She braked to a complete stop in the westbound traffic lane at the sight of two officers holding weapons and shouting. This suggests that she and Sanchez arrived after the initial confrontation between Macomber and Perez.

Sundquist said the police were hollering, "Get out of the car. Get out of the car."

Sanchez said she also heard someone say: "Don't do it."

"One looked like he had a chain in his hands he was pulling," Sundquist said, apparently referring to the Taser's wire. "I felt like my eyes were playing tricks on me."

But she was certain the driver did not appear to resist.

"He did not raise his hands because from beginning to end, we did not see him," Sundquist said.

When the shots were fired, Sanchez turned to her friend and recalled saying: "Do you think he's OK?"

"Whoever is in that car will never get up again," Sundquist said she replied.

Shooting scene recorded on tape

Dennis started narrating the post-shooting events as they unfolded into a recording device he keeps with him. The recording includes police officers interviewing Dennis after Perez's shooting and the sounds of a Taser firing.

Dennis said it is a coincidence that the officer he saw shooting Perez was named in a lawsuit he filed against the city stemming from a confrontation he had with a gas station attendant in 2001.

Dennis asserted that the officers responding to that incident used excessive force against him, knocking him unconscious. He said he was not certain Sery was involved in the incident; his attorney obtained a list of officers present from 9-1-1 records.

The city contends in court records that although Dennis was injured while being detained, Sery arrived at the scene after Dennis had been handcuffed and placed in a police car. No charges were filed against Dennis. The city settled the suit for $5,000 but did not admit any wrongdoing on the part of the officers.

From The Oregonian

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