Salem police officers were justified in shooting and killing a fugitive suspected of a string of business burglaries when he drew a gun on them at a Keizer apartment complex last month, a Marion County grand jury has concluded.
Shawn L. Baker, 42, died after being shot three times on Jan. 22 at the Laurel Gate Court Apartments in the 3300 block of North River Road, according to a press release from Marion County District Attorney Paige Clarkson’s office.
“The grand jury found that the officers had no reasonable opportunity to use any alternative force options or de-escalation techniques,” the release said.
WATCH VIDEO: Chase and shooting
The grand jury acted on Wednesday, Feb. 12, considering the results of an Oregon State Police investigation into a shooting that shut down sections of North River Road for hours.
According to the press release, Baker was suspected in business burglaries in December and January and police had probable cause to arrest him. Because he had no permanent home, police had been tracking him to his “frequented locations” while planning an arrest.
“Baker was known to carry weapons and had previously fled from police,” the release said.
On the morning of the shooting, plain clothes detectives in an unmarked vehicle followed Baker, who stopped at a business on the Salem-Keizer border owned by his relatives. Authorities didn’t identify the business.
Just before noon, marked patrol cars from Salem and Keizer police agencies moved in on Baker, who took off riding a bicycle.
The press release and a video montage released by authorities showed Baker rode into the apartment complex. As police responded from several directions, Baker pedaled though the complex and eventually abandoned the bike.
Pursued by officers on foot, video showed Baker, carrying a handgun, climbing steps to a second-story apartment unit.
A couple and their dog were home as Baker stopped outside their unit.
“The female resident saw Baker holding a gun standing outside of her apartment just on the other side of her glass door,” the press released said. “She testified that she was terrified that he would break in. The male resident also testified that he was scared and was planning the family’s escape.”
On the ground below, Salem officers Chad Galusha and John “Eddie” Diaz drew their weapons and ordered Baker to drop his gun. Galusha is a U.S. Army combat veteran with 16 years of law enforcement experience and Diaz has 26 years of law enforcement experience.
“While the two officers continued to yell commands at Baker to drop the gun, he turned in their direction with the gun in his hand presenting a threat to the officers’ lives as well as anybody else nearby,” the press release said.
The officers fired, and three bullets struck Baker.
“Baker began to collapse at the top of the stairs as Galusha and Diaz continued giving commands including to drop any weapon,” the release said. “Baker then threw his handgun. The gun’s magazine flew to the grass below having ejected from the gun itself which came to rest on a landing halfway up the stairs.”
Despite medical treatment, Baker died at the scene. Police recovered 29.5 grams of methamphetamine from his clothing.
The press release cited state law that allows a police officer to use deadly force to “defend the officers or other people from death or serious physical injury.” The grand jury voted unanimously that the shooting was justified after hearing from nine witnesses and reviewing evidence, the release said.
It noted that Baker had a record of 39 arrests and multiple convictions for felony crimes. The Keizertimes reported earlier that he was charged last year with second-degree burglary for breaking into a storage shed used by North Salem High School’s baseball team.
Records of the Oregon Department of Corrections showed that Baker served about one year in state prison starting in April 2013 and served another sentence from Nov. 21, 2017, to March 25, 2021.
In the release, Clarkson praised the police.
“Time and time again, I am reminded of the willingness of our law enforcement officers to protect our community. Often at great risk to themselves. This incident is an example of just that: service above self,” she said.
NEWS TIP? Send your suggestion or tip to [email protected].
KEEP UP – SUBSCRIBE: Get around-the-clock access to news about Keizer with a digital subscription to the Keizertimes. It’s secure and takes just a moment when you go HERE.
