Milwaukie Officers Cleared in Shooting Case of 21-Year-Old as Grand Jury Reaches Decision

Milwaukie, Oregon | September 30, 2023

Grand Jury Declines to Charge Milwaukie Officers in Shooting of Hunter Newton

21-Year-Old Shot During Traffic Stop; Investigation Raised Questions About Use of Force and Medical Aid

A Clackamas County grand jury has declined to indict two Milwaukie police officers involved in the September 2023 shooting of 21-year-old Hunter Newton during a traffic stop, according to an announcement Thursday from the Oregon Department of Justice.

Sgt. Eduardo Sanchez and Officer Kwasean Akom were found to have “insufficient evidence” against them to warrant criminal charges stemming from the shooting, which occurred in the drive-thru of a Taco Bell on Southeast Oak Street in Milwaukie.

Timeline of the Incident

According to the Oregon DOJ’s findings, Sgt. Sanchez initiated the traffic stop after observing Newton driving with a suspended license. Rather than pulling over on the roadside, Newton drove into the Taco Bell parking lot. Officer Akom arrived on scene to assist.

Both officers instructed Newton to exit the vehicle, but he reportedly refused. The DOJ stated that the officers informed Newton he was under arrest and attempted to physically remove him from the vehicle. During the struggle, both officers reported hearing a "muffled pop" from inside the car, which they believed was a gunshot.

Fearing for their safety in the moment, both officers backed away and opened fire on Newton. He was struck in the shoulder and the back of the head and was transported to OHSU Hospital for treatment. Despite the initial belief that Newton may have been armed, investigators did not find a gun in the vehicle.

Surveillance video, however, reportedly showed a small object being expelled from the car at the time of the struggle, which created a small explosion and loud noise. Witnesses also told investigators that they heard what they believed to be a gunshot prior to hearing police gunfire.

Questions Surrounding Medical Aid

In the weeks following the shooting, Newton’s family, through their attorney Thomas Rask III, raised serious concerns about the length of time officers took before rendering medical aid. According to the family, Newton may have waited up to 30 minutes before aid was administered.

Rask stated that the officers escalated the situation unnecessarily, writing: “Initial information indicates officers had no reason to escalate the encounter to a circumstance where Hunter could lose his life or suffer life-altering injuries.”

Legal and Public Safety Implications

From a legal perspective, this incident raises multiple issues that intersect with Oregon personal injury law, particularly relating to the use of force by law enforcement, potential personal injury claims, and the right to timely medical assistance when injured by agents of the state. While no criminal charges will be filed, Newton may still have avenues for civil recourse.

Civil claims against state or municipal entities can be pursued under Oregon’s tort claims laws, although such cases are complex and subject to strict legal deadlines. A victim in Newton's position may consider pursuing a personal injury claim for damages, including pain and suffering, medical expenses, and potential long-term effects of the injuries sustained.

If the delay in medical care can be substantiated, it may also raise issues of negligence or deliberate indifference to medical needs—both of which could form the basis of a civil lawsuit.

Officers' Background and Community Response

Officer Akom had been with the Milwaukie Police Department for approximately 18 months at the time of the shooting, while Sgt. Sanchez was a 10-year department veteran.

Oregon Attorney General Dan Rayfield acknowledged the emotional toll of the shooting on all involved, stating: “We recognize the irreparable pain that follows an event like this... I have utmost gratitude for the Oregonians who took part in the grand jury and reviewed the evidence of this case with the attention and care it required.”

The grand jury's decision followed a thorough review of body-worn camera footage, area surveillance, physical evidence, and testimony from witnesses and experts.

Seeking Legal Help After a Use of Force Injury in Oregon

Police use-of-force cases can be legally and emotionally complex, with long-term consequences for victims and their families. If you or someone you know has experienced serious injury from a law enforcement encounter or any other personal injury incident, the experienced attorneys at Pacific Injury Law Firm can help you understand your rights and legal options.

For a free consultation, contact Pacific Injury Law Firm or call 971-277-3811.

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Sources:

• Zaeem Shaikh | The Oregonian/OregonLive (opens in a new tab)