The Oregonian – by The Aug. 29 shooting of a 34-year-old Portland man during a Biggs Junction traffic stop was justified, Sherman County district attorney Wade McLeod said Tuesday and he will not convene a grand jury to review the case.
John Van Allen II was shot and killed by Oregon State Police trooper Matt Zistel, 26, just before 1 p.m. after he was pulled over in the eastbound lanes of Interstate 84 just east of Biggs Junction.
In a news release, McLeod said Zistel stopped Allen’s Cadillac Catera when it was clocked going 76 mph in a construction zone. As he pulled in behind Allen’s car and before the trooper came to a complete stop, Allen got out of the car. He then took an “aggressive stance,” Tuesday’s report said, and hid his right hand behind his back.
Allen, who was wearing camouflaged military fatigues, repeatedly ignored Zistel’s commands to get back in his car. Allen then “quickly closed the distance between himself and Trooper Zistel” before pulling a handgun from his rear waistband. The report says Allen then “took a combat shooting stance and began firing at Trooper Zistel.”
Zistel, who was struck in the left side, returned fire, striking Allen at least once in the chest. McLeod says Allen “continued to stalk” Zistel before getting back in his car and driving away. Zistel was treated and release for a minor gunshot wound, OSP spokesman Lt. Gregg Hastings said.
The event was recorded by the dashboard camera in Zistel’s patrol car. Hastings said numerous news outlets, including The Oregonian, have requested a copy of the video through Oregon’s public records law. A decision on whether it can be released is pending, he said.
The Catera, which contained Allen’s 3 children–a 10-year-old girl and two boys, ages 13 and 15–traveled approximately a half mile before coming to a stop on the shoulder. Allen was dead, but the children were unharmed.
All 3 were taken into the care of the Department of Human Services, officials said.
“At the time Trooper Zistel decided to employ deadly physical force, it was reasonable for him to believe that his life was endangered,” McLeod said. “Trooper Zistel acted in self defense. Given the overwhelming evidence supporting Trooper Zistel’s decision to employ deadly physical force, the District Attorney will not present this case to the Grand Jury.”
Zistel, a 5-year-veteran assigned to The Dalles Area Command, remains on paid administrative leave while he recovers from his wound, Hastings said, adding that Zistel would return to work when he is ready.
“We appreciate the hard work that went into the district attorney’s investigation,’’ Hastings said. “These incidents not only affect the community, but all members of our department.”
According to US Army records, Van Allen served in the army reserve from October 2009 through July 2012. He did his training at Fort Leonard Wood, Missouri and in New Kensington, Pennsylvania and worked as a construction engineer. His highest rank was private first class.
Allen, who lived along Southeast 92nd Avenue in East Portland, had a total of five children, and had recently become a grandfather when his oldest daughter had a baby.
Although his family roots were in South Carolina, he went to school in Pittsburg. Relatives said he and the 3 children were on their way back to South Carolina when they were stopped by Zistel.
Court records show an extensive arrest record in the Pittsburgh area, mostly for traffic offenses, including speeding, running a red light and driving with a suspended license.
He pleaded guilty to disorderly conduct in March 2011 after getting into a fight. He and his ex-wife, Amie Allen, lost their home in Pittsburgh to foreclosure in 2009, according to court documents.
In February, Allen tried to secure a restraining order against his ex-wife through Multnomah County Circuit Court; the petition was denied because he failed to establish a claim, court records show.
Allen’s cousin, Will Wright III, said Allen’s out actions seemed to be “completely out of character.
“He would have never shot at a police official or anyone of the law,” Wright said. “He would not have missed the kill shot either.”
I believe we are at a critical time now where we all feel the pressure of the police especially in matters of traffic. It is now our responsibility to become educated in the law. I am concerned more good people down on their luck will panic when they feel harassed by law enforcement. This will cause a fight or flight response which will cause “justified” escalation by a “peace keeper”. I am yet to here about a man who successfully goes to war with the police and gets away, and I dont believe that is a psyop by the media. I believe it is time to call our local law makers and administrators and tell them police protocol has gotten out of control and defies natural god given law.
Seneca man in New York eludes police for months
http://indianz.com/News/2006/015802.asp
http://www.nytimes.com/2006/09/08/nyregion/08bucky.html?_r=0
http://en.wikipedia.org/wiki/Ralph_%22Bucky%22_Phillips
It can be argued that they caught him or that he Phillips surrendered.
Either way you want to look at it they still took months to catch up with him and he killed at least one cop but still alive and in jail now.
He had the element of surprise. He had the first shot.
He shouldn’t have missed.
Maybe he missed because he had already been shot? I wont draw any conclusions until I see the video.
Here ya go, uL. Video.
http://beforeitsnews.com/strange/2013/10/atal-shootout-on-interstate-84-in-oregon-the-guy-gets-pulled-over-for-speeding-takes-out-his-gun-and-starts-to-fire-how-stupid-can-you-be-he-also-had-3-kids-in-his-car-wtf-2451792.html