Rockne Roll/News-Register##District Attorney Brad Berry describes a diagram of the July 1 officer-involved shooting during a press conference Thursday afternoon at the McMinnville Civic Center.
Rockne Roll/News-Register##District Attorney Brad Berry describes a diagram of the July 1 officer-involved shooting during a press conference Thursday afternoon at the McMinnville Civic Center.
Submitted photo##Sheriff s deputy Richard Broyles fatally shot Kevin Judson through the windshield of his patrol car while Judson was operating the vehicle.
Submitted photo##Sheriff's deputy Richard Broyles fatally shot Kevin Judson through the windshield of his patrol car while Judson was operating the vehicle.
By Paul Daquilante • Staff Writer • 

DA rules deputy justified in fatal shooting

 Yamhill County District Attorney Brad Berry said Thursday afternoon that sheriff's deputy Richard Broyles, a 16-year veteran of the agency, was justified in the use of deadly force when he shot Kevin Lamont Judson the morning of July 1 on the Christensen Auto Sales property in North McMinnville.

"An officer is justified in using deadly force when the officer reasonably believes his life or the lives of others are in imminent danger," Berry wrote in a four-page summary of the incident.

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Broyles fired four rounds at Judson, who had gotten into and was operating the deputy's patrol car. Two rounds struck Judson. One hit him in the left arm, penetrated his chest but had no effect on him. The fatal shot was fired through the windshield of Broyles' patrol, and it struck Judson in the head.

Berry said that Broyles, at the time he fired his weapon, was reasonably in fear for his own life. He said that Broyles was right to also believe that allowing the 24-year-old Dayton resident to flee in his patrol vehicle could pose a significant threat to the community.

Toxicology results indicated Judson was under the influence of two controlled substances, including methamphetamine, at the time of the shooting.

Additionally, a bindle of meth was found in the back of his mouth, and it appears he had tried to swallow it at some point while initially running from Broyles or while inside the deputy's vehicle.

The incident began when veteran deputy Robert Eubanks observed a car on Highway 99W about 7:30 a.m. The plate on the car had an expired tag and Eubanks initiated a traffic stop.

The car pulled onto Doran Drive and stopped. Eubanks said he believed there were just two individuals in the car. They were moving about and the deputy requested backup assistance.

He approached the occupants and spoke with the driver about why the traffic stop was made. At that point, Eubanks noticed an adult male, Judson, lying in a fetal position under various items in the back seat.

Judson sat up, stretched and rolled down a rear passenger window. He jumped through the window and tried to run. A brief struggle between Judson and Eubanks ensued. However, the suspect broke free, dropped a meth pipe and he ran toward the highway.

Judson had a history of drug-related convictions, including one felony. There was a municipal court warrant out for his arrest. 

Eubanks let Judson go and turned his attention to the other two occupants of the vehicle who were yelling at him.

At that time, Broyles drove into the area from Northeast Lafayette Avenue. He was aware a suspect had fled on foot and saw a male running into the auto business parking lot.

He drove onto the Christensen Auto Sales property, stopped his vehicle, exited the car with the siren and lights activated and began chasing after Judson.

Broyles was shouting commands that included "stop," "get on the ground" and "you're under arrest." Judson tried to enter a building on the property before turning toward Broyles' patrol car.

The deputy circled around the back of a pickup in the lot, continued to issue commands that were ignored by Judson. Broyes deployed his taser, but only one of two probes hit Judson, who ran toward the patrol car again while continuing to ignore commands.

"The business video is clear that the man entered the patrol car and struggled to keep Broyles out of it," Berry said. "The two can be seen grappling over the door with Broyles trying to open it and the man working to keep it closed."

At that point, Broyles saw Judson's hand near the center console of the car, Berry said. On the console is the release switch for Broyles' AR-15 style firearm, mounted directly over the seated position.

The rifle was fully loaded with 30 rounds, and there were an additional 60 rounds of ammunition in the patrol car for that weapon.

Broyles ordered Judson out of the car. He drew his service weapon with his right hand between the opened door and the door post, as the two continued to grapple over the door.

Judson continued to ignore commands and reached to put the car in gear. Witnesses heard the engine rev before it was put into gear. As Judson put the vehicle in gear, Broyles, with his hand caught in the door, fired his weapon. That's the round that struck Judson in the arm before lodging in his chest.

"Deputy Broyles saw no outward indication that the man had been hit or any change in his conduct," Berry said.

Judson then accelerated in reverse. Broyles barely escaped being dragged by the opening door as the vehicle accelerated in reverse and began to turn hard to the right.

The deputy fired another round that struck a pillar in the car. Judson drove in reverse from Broyles, crashing into an electrical tower, and the deputy fired twice more. One round hit the front passenger door and the other went through the windshield, fatally wounding Judson.

"At the time of the actions of deputy Broyles firing his weapon, he was aware of multiple factors," Berry said. "Judson had fled the scene of a traffic stop. He had been in possession of a meth pipe.

"He had fled on foot when being chased by both deputies. He continued to disobey orders to stop, to get on the ground and that he was under arrest. The use of the deputy's taser was ineffective.

"He was reaching to the release switch for the rifle, although we do not know if he did or did not know how to release it (the weapon)," Berry said. "He was about to flee in a patrol vehicle and go with the deputy potentially trapped in the doorway."

Broyles has been on paid administrative leave since the incident. His status will be reviewed by Sheriff Tim Svenson now that Berry has ruled the shooting to be justified. The sheriff's office will also conduct an internal review of the incident, according to Berry.

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