Judge Issues Split Ruling in Wrongful Death Suit Against Portland Police
A U.S. Magistrate has issued a split ruling in response to an application by attorneys to waive attorney-client privileges in a case involving Robert Delgado (46) who was shot and killed in Lents Park in 2021 by Portland police.
Son Sues Police After Father Shot Dead
The City of Portland is being sued by the dead man’s son, Skyler Delgado, for the wrongful death of his father who was living in a tent and exhibiting signs of distress and mental illness.
The city’s attorneys petitioned the court to instruct Skyler to divulge any communications with his lawyer when his father’s sister was present. They argued that the presence of Skyler’s aunt, Tina Delgado, waived Skyler’s attorney-client privileges.
Skyler Delgado’s lawyers directed their client to remain unresponsive, arguing that whatever their client had shared was confidential and fell under attorney-client privileges.
City attorneys argued that because Tina Delgado was present at the meetings with his lawyer, attorney-client privileges did not apply.
U.S. Magistrate Judge Jeffrey Armistead issued a split ruling, finding that Tina Delgado’s presence at meetings between Skyler Delgado and the attorneys did not waive attorney-client privileges. However, the judge found that communications between Tina Delgado and attorneys were not privileged after she was no longer seeking legal advice for herself.
On the day of Robert Delgado’s shooting, the police arrived at Lents Park after receiving a 911 call that there was a man with a gun in the park. The caller said he was doing ‘quickdraws’ but not pointing the weapon at anyone.
Officer Grabbed AR-15 Rifle for ‘Distance and Accuracy’
East Precinct Officer Zachary DeLong, accompanied by Officer Samantha Wuthrich, stood at the front left tire of his marked patrol car, concealing an AR-15 rifle that he said he had grabbed for distance and accuracy.
According to a grand jury transcript, DeLong asked Robert Delgado to walk towards him with his hands up in the air.
According to testimony, Delgado screamed at the officer to get away from him while walking around aimlessly with clenched fists. Delgado then proceeded to throw around trash and clothes near a dismantled tent.
DeLong, according to the transcript, shouted commands and warned Delgado that if he reached for a weapon he would “# shoot you!”
The police officer, who has since been promoted to the rank of detective, took cover behind a tree. When Delgado bent down before pointing at the officers with what looked like a black handgun, Wuthrich fired a 40mm launcher at the same time as DeLong shot twice with his AR-15 rifle.
Police Found Replica Gun Near Dead Man’s Body
Delgado fell to the ground and the police recovered a replica gun near his body.
According to an autopsy report, a bullet struck Delgado’s left lung, spleen, and stomach before lodging in his back. Toxicology found small amounts of methamphetamine and other possible opiates in his system.
Attorneys for the City of Portland state that DeLong shot and killed Delgado from 90 feet because he presented an “immediate threat of death” or injury. A Multnomah County grand jury found that the police were not guilty of criminal wrongdoing.
References
https://www.oregonlive.com/crime/2021/…