(OR) Rancher justified in killing fugitive intruder 09-03-03
http://www.heraldandnews.com/articles/2003/09/03/news/top_stories/jury.txt
Jury says rancher justified in killing
published September 3, 2003
By BRIAN COLE
A Klamath County grand jury has decided that a Gilchrist man was
justified in killing an intruder.
The grand jury said David Crider "reasonably believed" the intruder was
about to use deadly force.
In the early morning of July 16, David Crider shot and killed Mark
Timothy Nelson, 26, of Vancouver, Wash.
Nelson had broken into the Criders' house, the grand jury said, and
David Crider "believed Mark Timothy Nelson was committing or attempting
to commit a burglary. ... Crider reasonably believed ... Nelson was
about to use deadly force against both Mr. Crider and his wife."
The night before the shooting, Deschutes County sheriff's deputies
attempted to pull Nelson over, but he fled south on U.S. 97 in a 2003
Chevrolet pickup with Washington plates. Speeds ranged from 55 mph to 85
mph, police said.
Police placed a spike strip on Highway 97 near milepost 179 in northern
Klamath County. After rolling over the strip, the suspect's vehicle
limped farther on the highway, then left the road and went down a
50-foot embankment at around midnight. Nelson fled on foot.
Oregon State Police contacted the Criders, whose residence is about half
a mile from where the pickup stopped, telling them there was a suspect
in the area.
At around 4 a.m. the Criders heard someone breaking into their house.
David Crider saw Nelson in his house who appeared to have a weapon in
his hand.
Crider told investigators he saw Nelson draw back his arm, and he
appeared to have something in his hand. Chief Deputy District Attorney
Dave Groff said investigators found a two-foot piece of PVC pipe near
Nelson's body.
Crider shot Nelson once with a .357-caliber rifle.
The Criders then called 911.
At the time, police believed the shooting was in self-defense and
justifiable. Authorities said they sent the case to the grand jury
because they wanted it to make a judgment about the facts.
In a letter, Nelson's father, Thomas Nelson, also of Vancouver, has said
that his son was hit on the head in a fight with another man. The blow
seemed to change the younger Nelson, his father said.
"The person who ran from the police and tried to enter a house wasn't
the son my wife and I loved," Nelson said, "or the man who had many
friends who loved him."
Crider and three investigators testified before the grand jury, whose
hearings are not public.
The grand jury made "the proper decision legally and from a common sense
perspective," said Ed Caleb, Klamath County district attorney. "He was
protecting himself and his family, which is allowed under the law.
"There was enough evidence presented to the grand jury for them to see
that the shooting was justified under the law."
http://www.heraldandnews.com/articles/2003/09/03/news/top_stories/jury.txt
Jury says rancher justified in killing
published September 3, 2003
By BRIAN COLE
A Klamath County grand jury has decided that a Gilchrist man was
justified in killing an intruder.
The grand jury said David Crider "reasonably believed" the intruder was
about to use deadly force.
In the early morning of July 16, David Crider shot and killed Mark
Timothy Nelson, 26, of Vancouver, Wash.
Nelson had broken into the Criders' house, the grand jury said, and
David Crider "believed Mark Timothy Nelson was committing or attempting
to commit a burglary. ... Crider reasonably believed ... Nelson was
about to use deadly force against both Mr. Crider and his wife."
The night before the shooting, Deschutes County sheriff's deputies
attempted to pull Nelson over, but he fled south on U.S. 97 in a 2003
Chevrolet pickup with Washington plates. Speeds ranged from 55 mph to 85
mph, police said.
Police placed a spike strip on Highway 97 near milepost 179 in northern
Klamath County. After rolling over the strip, the suspect's vehicle
limped farther on the highway, then left the road and went down a
50-foot embankment at around midnight. Nelson fled on foot.
Oregon State Police contacted the Criders, whose residence is about half
a mile from where the pickup stopped, telling them there was a suspect
in the area.
At around 4 a.m. the Criders heard someone breaking into their house.
David Crider saw Nelson in his house who appeared to have a weapon in
his hand.
Crider told investigators he saw Nelson draw back his arm, and he
appeared to have something in his hand. Chief Deputy District Attorney
Dave Groff said investigators found a two-foot piece of PVC pipe near
Nelson's body.
Crider shot Nelson once with a .357-caliber rifle.
The Criders then called 911.
At the time, police believed the shooting was in self-defense and
justifiable. Authorities said they sent the case to the grand jury
because they wanted it to make a judgment about the facts.
In a letter, Nelson's father, Thomas Nelson, also of Vancouver, has said
that his son was hit on the head in a fight with another man. The blow
seemed to change the younger Nelson, his father said.
"The person who ran from the police and tried to enter a house wasn't
the son my wife and I loved," Nelson said, "or the man who had many
friends who loved him."
Crider and three investigators testified before the grand jury, whose
hearings are not public.
The grand jury made "the proper decision legally and from a common sense
perspective," said Ed Caleb, Klamath County district attorney. "He was
protecting himself and his family, which is allowed under the law.
"There was enough evidence presented to the grand jury for them to see
that the shooting was justified under the law."
