UPDATE: DA will pursue no charges in Dec. 26 officer-involved shooting; timeline, photos, video available

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Clackamas Co. Sheriff's Office - 03/29/18 4:32 PM

Please reference CCSO Case # 17-33830


UPDATE (Thursday, March 29, 2018, 4:30 p.m.) -- VIDEO, PHOTOS, INCIDENT TIMELINE


Following testimony on Feb. 14 and 15, a Clackamas County Grand Jury returned a "No True Bill" in the Dec. 26, 2017 officer-involved shooting of Nathaniel Fritz Macalevy, 44, of Boring. The Clackamas County District Attorney's Office informed the Sheriff's Office on Feb. 21 it would pursue no criminal charges in the incident.
The shooting followed a Dec. 25 deputy response to a call about a restraining-order violation -- a call that led to a SWAT response on SE Ten Eyck Rd. followed by a multi-vehicle Dec. 26 pursuit to the suspect's residence in Boring, where Macalevy opened fire on deputies with an AR-15 rifle, damaging multiple patrol vehicles. Members of SWAT returned fire. Macalevy was struck and died at the scene.
The Sheriff's Office can now release a detailed incident timeline, as well as video and evidence photos from the incident and its aftermath.


VIDEO/PHOTOS:

Video from patrol-car dash-cams and a surveillance camera at Macalevy's residence is now available from this Dropbox link:
Photos are also attached, showing damage to patrol vehicles and trajectory analysis of the bullets fired at deputies by Nathaniel Macalevy.


DETAILED INCIDENT TIMELINE:

JULY 27, 2017 -- Following a domestic-violence incident with his wife, Nathaniel Macalevy is arrested and indicted on a felony domestic violence charge. A pretrial No Contact Order goes into effect, prohibiting Mr. Macalevy from having contact with his wife and/or his daughter.
AUGUST 2017 -- Macalevy's wife also obtains a restraining order prohibiting him from having contact with her and their daughter. Mr. Macalevy moves out of their home on Ten Eyck Rd. to a rental property on SE 312th Ave. in Boring.
DEC. 25, 2017 -- Macalevy sends concerning messages via text and Facebook Messenger to both his sister and his new girlfriend. One, sent at 4 p.m., reads: "You don't understand I'm done tonight one way or the other. I can't go back, follow through with the plan. I can take some POS with me or alone it doesn't matter." This is one of several concerning messages sent in December 2017 describing possible suicidal ideations. Mr. Macalevy's new girlfriend would later tell authorities he was considering committing "suicide by cop."
On Christmas day, Mr. Macalevy is drinking alcohol at his rental residence. At some point he puts on camouflage pants, a camouflage ballistic vest and a camouflage ballistic helmet and arms himself with an AR-15 and a handgun.
Mr. Macalevy leaves in his work van -- a white Chevy Express 2500 -- and arrives at his wife's house at approximately 10:11 p.m.
DEC. 25, 2017 11:07 p.m. -- A 911 call is made and a woman can be heard saying "I know you have a restraining order -- you can't be here," before the phone is disconnected. The phone number comes back to Macalevy's wife.
11:08 p.m. -- Sheriff's Office units are dispatched to Mr. Macalevy's wife's residence on SE Ten Eyck Road in Sandy.
11:11 p.m. -- Mr. Macalevy's mother-in-law calls 911 to report she received a text message from Mr. Macalevy's wife indicating he has shown up at the wife's residence and is causing problems. The mother-in-law informs dispatchers Mr. Macalevy may be armed.
11:25 p.m. -- CCSO units arrive on scene at the SE Ten Eyck Road residence and locate Macalevy's company vehicle.
11:29 p.m. -- Mr. Macalevy's wife exits the residence and tells deputies Macalevy is on the premises with a loaded rifle pointed at her and responding units, and that he had said he was "going to end it tonight." Deputies find cover on or near the property behind their patrol vehicles and in ditches and request additional units and SWAT team activation.
The weather is cold, icy and foggy.
11:37 p.m. -- Mr. Macalevy's wife is escorted by CCSO deputies to Sandy PD headquarters.
DEC. 26, 12:04 a.m. -- Mr. Macalevy's wife tells authorities that Mr. Macalevy is in full camo, wearing a military tactical vest with ballistic plates, and has a rifle with extra magazines and a Kevlar helmet.
1:51 a.m. -- SWAT and an MRAP armored vehicle arrive on scene. A reverse 911 call to residents within a half-mile radius of the scenes asks them to lock their doors, stay inside, and report any suspicious activity to the non-emergency line.
3:49 a.m. -- A second reverse 911 call informs residents that the suspect has not been located and police activity is discontinued, asking them to call the non-emergency line to report any suspicious activity.
3:50 a.m. -- The SWAT team determines Mr. Macalevy has the tactical advantage and is no longer placing anyone in imminent danger -- so clearing the scene and attempting to locate Mr. Macalevy at a future date is deemed the safest choice for all involved. Investigators will later learn Mr. Macalevy had been hiding under the deck at the residence in a crawlspace, perfectly positioned to ambush any law enforcement officers attempting to go in the backyard. In the post-shooting investigation, detectives would recover a rifle scope, cigarettes and ejected rounds in that crawlspace. Mr. Macalevy's wife had told authorities that Mr. Macalevy had the scope on the gun before she left.
4 a.m. -- CCSO opens up roadways and the search for Mr. Macalevy is discontinued. Using armored vehicles as cover, SWAT and deputies begin to travel to Sandy PD to debrief.
4:33 a.m. -- A SWAT team member driving in his personal vehicle spots Macalevy's white company van traveling westbound on Highway 26 in Sandy. Multiple CCSO units locate and begin following Macalevy's van. At 4:36 a.m. pursuing vehicles activate lights and sirens, and a pursuit begins.
4:41 a.m. -- Police pursue Macalevy's van to his rented residence on SE 312th Ave. in Boring. Pursuing units follow Macalevy's van up the residential driveway. Macalevy's van comes to a stop.
4:42 a.m. -- Macalevy fires on deputies with his AR-15 from the rear driver’s side of the van, spraying responding patrol cars with bullets. One CCSO patrol vehicle is shot several times as the deputy inside takes cover, learning over the passenger side seat before escaping the vehicle. Another bails out of his CCSO patrol car just before three shots penetrate the windshield. Deputies return fire.
4:44 a.m. -- All available units are dispatched to the scene as the firefight continues.
4:45 a.m. -- Mr. Macalevy re-enters his van and drives east further up his driveway and stops near an outbuilding. Macalevy exits the van and moves to take cover behind the building. Deputies continue to fire at Mr. Macalevy, who is still carrying his AR-15. On-scene units would speculate that Macalevy may have been hit in the leg, as he was seen limping behind the barn structure. Investigators later learned he had been shot in the ankle.
All told, Mr. Macalevy fired approximately 30 rounds.
4:46 a.m. -- SWAT is now en route to the scene.
4:52 a.m. -- Macalevy's girlfriend calls 911 from the residence on the property. She reports she is not sure if she can get out safely, she is not armed, and she is very frightened. Macalevy is not with her and she doesn't know where he is. She is ordered to stay in house for her safety.
4:56 a.m. -- SWAT arrives on-scene. SWAT personnel are briefed, and the decision is made to drive the armored MRAP vehicle down the driveway towards the outbuilding -- using it to push the van away from the barn structure to prevent Macalevy from obtaining access to it.
5:21 a.m. -- The MRAP rams and pushes the van. SWAT personnel in the MRAP find Mr. Macalevy's lifeless body on the ground behind the outbuilding.
5:29 a.m. -- A medically trained SWAT member assesses Macalevy and confirms he is deceased. Medical and fire are ordered to clear.
AFTERMATH -- Sheriff's Office detectives and members of the Crime Scene Investigation (CSI) Unit and Criminal Reconstruction And Forensic Team (CRAFT) arrive to process the scene, collect evidence and conduct interviews. Among items found in Macalevy's work van: seven AR-15 magazines, over 200 cartridges of .223 ammo, and a box containing 288 cartridges of .22 LR ammunition. It was also known he had access to explosives. (The Portland-area bomb unit would later respond to remove tannerite from a plastic container in an outbuilding on the property, near the house where Mr. Macalevy was living. A photo of the container of tannerite is attached to this release.)
Authorities work to determine if Macalevy died of a self-inflicted gunshot wound (as initially believed). Analysis quickly determines Macalevy was shot by one of seven possible law enforcement personnel -- six from the Clackamas County Sheriff's Office or one from Canby PD -- who engaged in the firefight in Boring. Forensic analysis determines that the fatal shot traveled through the barn structure and entered Macalevy's head inside his mouth and exited behind his left ear, striking his spinal cord and killing him instantly. An OSP forensic scientist narrows down the source of the shot to one of two possible Sheriff's Office deputies involved in the firefight, but could not make a definitive determination.
Mr. Macalevy’s blood alcohol level is found to be .12 at time of death.
According to the Clackamas County DA's decision memo, "This situation was incredibly dangerous and quite frankly it is surprising that no officers were harmed during this shootout."


RESPONDING LAW-ENFORCEMENT AGENCIES IN THIS INCIDENT:

  • Clackamas County Sheriff's Office
  • Oregon State Police
  • West Linn Police Department
  • Milwaukie Police Department
  • Canby Police Department
  • Oregon City Police Department
  • Gladstone Police Department

[END UPDATE]
________


EARLIER (Wednesday, Dec. 27, 2017, 10:30 a.m.) -- SUSPECT ID, CAUSE OF DEATH


Family notifications have been completed, and the Sheriff's Office can now identify the deceased suspect in the Dec. 26 officer-involved-shooting as Nathaniel Fritz Macalevy, 44, of Boring.
The Medical Examiner's Office has completed its autopsy, and ruled that Macalevy died of a gunshot wound.
The investigation continues. Six Sheriff's Office deputies remain on administrative leave.
____________


EARLIER (Tuesday, Dec. 26, 11:33 a.m.) -- OFFICER-INVOLVED SHOOTING IN BORING; RESTRAINING-ORDER SUSPECT DECEASED AFTER EXCHANGING GUNFIRE WITH DEPUTIES


Please reference CCSO Case # 17-33830
Early this morning, Clackamas County Sheriff's Office deputies exchanged gunfire with a Violation of Restraining Order suspect in Boring. No deputies were injured. The suspect is deceased.
At approximately 11 p.m. on Monday, Dec. 25, 2017, deputies responded to a call about a suspect violating a restraining order at a residence in the 17500 block of SE Ten Eyck Rd. in unincorporated Clackamas County.
Responding deputies made contact with the woman who had filed the restraining order. She told deputies that the suspect was heavily armed, wearing a helmet and vest, and was somewhere on the property. Deputies called for SWAT backup.
SWAT responded to the scene. They searched the property and were unable to locate the suspect. The woman was transported to safety.
At approximately 4:30 a.m. on Tuesday, Dec. 26, SWAT personnel made contact with the suspect as he was driving his work van, activating lights and attempting to pull the suspect vehicle over. The suspect fled the scene in the vehicle. Deputies initiated a pursuit.
The pursuit ended at the suspect's residence, located in the 13200 block of SE 312th Dr., located near Hwy. 212 and SE Church Road in Boring. The suspect exited the vehicle, wearing a helmet and vest, and opened fire on deputies, hitting several patrol vehicles numerous times. (Photos of one of the damaged vehicles are attached.) Deputies returned fire. Deputies located the suspect deceased behind the property.
This is now a joint investigation with the Clackamas County Major Crimes Team. At this writing, detectives, forensic examiners with our Crime Scene Investigation Unit, and members of the Major Crimes Team are processing the scene and conducting interviews.
Southeast 312th will be closed between Hwy. 212 and SE Church Rd. in Boring for several more hours as investigators process the crime scene -- please avoid the area.
The suspect is not being named at this time, pending family notifications and further investigation. The State Medical Examiner is conducting an autopsy to determine cause of death.
The deputies involved in the shooting are now on paid administrative leave -- which is standard practice following an officer-involved shooting. Their names are not being released at this time.
Further details will be released as the investigation progresses.
[END]2018-03/624/113201/VehiclesAtScene-Daybreak.jpg

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