City of Salem Agrees to Pay $850K to Family of Man Shot Dead by Police Officer

SALEM, Ore. — The City of Salem has agreed to pay $850,000 to the family of a young man shot and killed by a police officer in 2021, in an out-of-court settlement.

The agreement was reached as the family of Arcadio Castillo III was about to go to trial with a lawsuit for the wrongful death and excessive force used in the incident on 9 July 2021.

Family Claims Their Son Presented No Immediate Threat

The Castillo family argued that their son did not present an immediate threat of serious harm to themselves or the police when he was shot by Officer Nathan Bush. They also said that Castillo was shot without giving him a reasonable chance to comply with police orders.

The lawsuit also contended that the City of Salem had a history of inadequately investigating police shootings.

Forensic Scientist Dismissed Police Officer Claims

An independent forensic scientist with 24 years of previous experience as a forensic criminalist for Oregon State Police, Michael Howard, dismissed Officer Bush’s claims of Castillo posing a threat to life.

He said blood spatter, the nature of the victim’s wounds, the knives found on the scene, and the timing of the gunshots did not support his claims.

A neighbor also presented a report that conflicted with Bush, saying the policeman started shooting at Castillo as soon as he opened the front door of the house.

Attorneys for the Castillo’s, James M. Healy and Ron Sayer, said evidence placed the victim standing in the hallway with a knife held at his side. In court documents, the attorneys claimed that the victim posed no threat to anyone when he was shot and killed by Bush.

However, attorneys representing the police officer denied negligence, saying their client had responded to an immediate need for the protection of another Castillo family member.

Court records reveal that the victim’s mother, Misty Castillo, called 911 at 11:20 pm., saying her son was intoxicated and under the influence of marijuana. The young man, who had a history of mental illness, had a knife and was assaulting relatives.

When Bush arrived at the home, he drew his gun because he thought the mother was under threat of being stabbed, according to his deposition. He said he re-holstered his weapon when he saw Mrs. Castillo standing in the driveway and her son on the front porch.

However, the victim then turned back into the house and his mother told Bush that her husband was inside the property.

Bush said he approached the front door and, when he heard loud voices and a loud popping sound inside the house, he again drew his gun. Bush said he opened the door and fired his first shot about 4 seconds later.

Castillo Was Shot Four Times

Castillo was shot four times in the chest, arm, and abdomen, and collapsed in the living room.

Bush said he opened fire when Castillo began walking toward him, ignoring his request to drop the knife.

The settlement must be approved by the Salem City Council and probate court.