07/25/2008

By STEVEN DUBOIS  / Associated Press

A grand jury has cleared the Silverton police officer who fatally shot an unarmed Irish national during a confrontation last month.

Officer Tony Gonzalez fired seven shots at Andrew Hanlon, with five of them hitting the 20-year-old man described by relatives as mentally ill.

A statement from the Marion County District Attorney's Office said Gonzalez shot Hanlon while in retreat. A witness told investigators that Hanlon had been trying to strike the officer while ignoring commands to stop.

Thirteen witnesses — four police and nine civilians — testified before the grand jury, said Matthew Kemmy and Douglas Hanson, deputy district attorneys. Gonzalez did not testify in person, but a videotape of his interview with investigators was shown to the jurors, who were unanimous in their finding that the shooting was legally justified and Gonzalez should not be charged with a crime.

Hanlon came to the United States from Ireland last summer and stayed illegally after his visa expired. His sister and brother-in-law live in Silverton, a small town 45 miles south of Portland. His death June 30 attracted a flurry of attention in Ireland, where police shootings are not as common as in the U.S.

Steve Crew, a lawyer representing Hanlon's family, told The Oregonian newspaper that Thursday night's ruling was "disappointing and a bit of a surprise for the family."

Hanlon's relatives declined comment until Friday, when they and their attorneys are to hold a press conference in Portland.

Gonzalez, 35, is in jail on an unrelated matter. A woman and her daughter accused the officer of sexually abusing the girl several times, including at least once after the Hanlon shooting. He has been denied bail.

Investigators released little information about the Irishman's death before Thursday night. The deputy district attorneys, in a statement, said they were now providing many details "in an effort to combat the accusations of a conspiracy or a cover-up that have arisen."

They said the incident started when Shannon Kelley heard pounding on her front door at 11:20 p.m. and saw Hanlon, whom she did not know, acting strangely.

Kelley asked him to leave, but Hanlon demanded to enter. Hanlon, according to Kelley, said he had a sword and yelled phrases such as: "Thou shalt let met in!" Though Hanlon didn't have a sword, he gestured as if he did.

Kelley, who phoned police, said Hanlon howled at the moon and at one point screamed that he was the "angel of death." Kelley said she and her parents visiting from Montana had to put their bodies against the door to stop Hanlon from breaking it down.

After repeatedly hurling his body against the door, Hanlon ran barefoot toward Oak Street, where he would meet Gonzalez.

Gonzalez told investigators he heard the sound of shattering glass and thought Hanlon might be armed with a broken bottle. Kemmy and Hanson noted that investigators think Hanlon merely bumped into a recycling bin.

Gonzalez said he ordered Hanlon to show his hands and get down on the ground. After repeating the command, Hanlon appeared ready to comply.

But then he leaped at the officer, kicking and screaming. Gonzalez backpedaled, but could never get more than 5 feet away and started firing.

Gonzalez's version of events was backed up by Jeff DeSantis of Silverton, who was driving along Oak Street and stopped his vehicle when he saw the patrol car.

DeSantis looked to his left and witnessed the confrontation from 35 feet away, the deputy district attorneys said.

He told investigators that Hanlon disregarded the officer's commands, and then rushed the officer with martial-arts moves after uttering what DeSantis described as a "primordial war scream."

DeSantis said Gonzalez stopped shooting when Hanlon finally slowed down and didn't fire at all when the Irishman was on the ground.

Gonzalez then grabbed his police radio to report, "Shots fired." Hanlon died at the scene.