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'Are you ok? Damnit!': Shocking video shows cop accidentally shoot a mentally ill man in Carl's Jr after mistaking his firearm for his stun gun as he's CLEARED of charges

The family of a mentally ill man shot dead by Oregon police in a Carl's Jr. bathroom is planning to sue the department for wrongful death after seeing bodycam footage of the incident that was released on Wednesday. 
Mike and Vicki Graves' lawyer, David Linthorst, said that the pair struggled watching the bodycam footage of 33-year-old Matthew Graves being shot twice by Eagle Point police on September 19 at an area Carl's Jr. 
'Their reaction was a lot of heartbreak, which can be understandable for any parent who outlives their child, but also a fair amount of frustration,' Linthorst said to the Mail Tribune. 'As you watch this it doesn't take a Monday morning quarterback or 20/20 hindsight to see how this could've gone differently at every turn.'  
In the clip, Graves is seen having a confrontation with officers Daniel Cardenas and CJ Davis. The footage comes from the body camera belonging to Cardenas.
He had seen Graves crossing Highway 62 against the light and tried speaking with him, only for the man to tell him to leave him alone. 
Graves lived two blocks from the eatery. 
Cardenas can be heard asking the man about his whereabouts but Graves ignores him and heads into the eatery.
Graves walks into the bathroom and Cardenas rushes in behind him, with his taser drawn, demanding that the man show his hands and asking what he is doing.
Graves retorts that he's eating food, can be heard washing his hands and is then seen using an automated hand dryer to dry off his hands. 
Cardenas instructs the man to get on the ground but Graves asserts that he's 'sober' and that officer will be gone. But he also walks closer to the officer. 
The officer repeatedly pushes the man as he tries to get past and demands that he show him some identification. Graves asserts that he plans to eat and that there will be problems, adding that he doesn't have his ID. 
Graves is then tased by the officer and a struggle ensues between him and the two cops. Two shots are then heard.
Cardenas can be heard telling the dispatcher that Graves was shot in the back twice and seeks medical help, but the victim soon dies. 
On Wednesday, a grand jury ruled that the officers' actions were justified in a 5-2 ruling. 
'The focus that I've heard is on the last minute of Matthew Graves,' Linthorst added, 'and I think the focus should be the last 15 minutes.' 
The lawyer stated that Cardenas appears to have 'created this situation' with his unclear instructions. Those instructions, he added, would have been difficult for Graves to fully comprehend as he is schizophrenic. 
The lawyer stated: 'He doesn't tell him to stop, he doesn't tell Matthew why he wants to talk to him, he doesn't tell Matthew that he does want to talk to him. He just keeps asking, 'Dude, what are you doing?'
Linthorst is bothered that no one gave instructions until the tense moment in the bathroom. 
'Nobody said, 'Stop, Matthew' until he was cornered in a bathroom and a weapon was drawn,' Linthorst said. 
The family's lawyer admitted that Graves' responses may seem odd to someone who was unfamiliar with his mental state. 
'Several times he's saying 'don't talk to me like that,' he's swearing, he says something about 'you are gods,' he says something about Matthew's sobriety — which is true — but is really out of context from what's going on with the officer,' Linthorst explained.
But one of the officers should have noticed something, the lawyer continued.
'There's no de-escalation that I can see,' Linthorst added. 
Eagle Point police spokesman, Darin May, said that all the procedures were followed by the officers at the scene. 
The officers claimed that during the scuffle, Graves grabbed Cardenas' gun believing that it was a taser. He was said to have shot himself during the fight. 
May stated that the department would use a different-colored Taser while also looking over their procedures and guidelines. 
But Linthorst has no intention of suing Taser manufacturer Axon, adding that the weapon was 'a Taser and it was used to tase.'
'Based on District Attorney (Beth) Heckert's statement and press release, this was a factor for the grand jury, they wished it had been yellow,' Linthorst said. 
The lawyer shared that his clients have remained 'open-minded' throughout the whole process. 
'The family here has been very open-minded in questioning,' Linthorst added. 'You'll note that they haven't been making statements publicly, they haven't been accusing anyone, they just want to know what happened.' 
Linthorst and his firm are waiting for a police report from the Jackson County Sheriff's Office and a transcript from the grand jury hearing.    
According to Graves' mother, Vicki Graves, her son has had some run ins with the law, KDRV reports. 

1 comment:

  1. If violence is what they want us to become, so be it.