OFFICE OF

T HE D ISTRICT A TTORNEY
COUNTY OF CURRY 94235 Moore St., Suite 232
29821 Ellensburg Avenue
Joshua Spansail District Attorney
Gold Beach, OR 97444
Kevin Kelley Deputy DA
P: (541)247-3298
F: (541)247-6680

February 16, 2023

SUBJECT: Fatal Officer Involved Shooting – Justin Ray Ruddell

Contact: Joshua Spansail, District Attorney

Curry County District Attorney’s Office
541-247-3298

On February 15, 2023, the Curry County District Attorney’s Office presented a grand jury panel with the
investigation of the fatal shooting of Justin Ruddell which occurred in the early morning of December
10, 2022. A grand jury consists of seven Curry County citizens drawn by the court at random from the
pool of jurors selected to serve during a particular jury service term.

The grand jurors heard testimony from the involved officers, Deputy State Medical Examiner and scene
investigators, and were presented the evidence collected in the case including, but not limited to,
photographs, bodycam videos and testimony of involved investigators and involved officers. Following
deliberations, the grand jurors voted and determined unanimously that the actions of the involved officers
were justified and lawful under Oregon law.

The investigation into the death of Justin Ruddell was led by the Oregon State Police in cooperation with
the Curry County District Attorney’s Office.

Facts Presented to the Grand Jury

The Grand Jury heard that on December 10, 2022, at approximately 12:45AM, an officer for the
Brookings Police Department was on routine patrol in the City of Brookings. Justin Ruddell of Grants
Pass was travelling at a high rate of speed northbound on Highway 101 near Harris Beach State Park.
Mr. Ruddell, driving a 1997 Toyota 4Runner, was travelling northbound in the southbound lane towards
the Brookings officer, who had to swerve to avoid a collision in his patrol vehicle. This caused the officer
to turn around and initiate a traffic stop on Mr. Ruddell’s vehicle. Mr. Ruddell continued at a high rate
of speed eluding the officer, turning onto Carpenterville Road off Highway 101. Mr. Ruddell continued
on Carpenterville Road for approximately 2 miles before stopping his vehicle in the roadway and backing
up towards the officer’s patrol vehicle. After almost colliding with the officer’s vehicle, Mr. Ruddell
continued driving for a short distance before again backing up at a high rate of speed towards the officer’s
patrol vehicle.

The officer reversed his vehicle trying to escape being struck by Mr. Ruddell’s 4Runner, but given the
stormy conditions that night, the roadway dropping off steeply on one side and the possibility that Mr.
Ruddell’s vehicle would either come in the windshield and crush the officer or cause his airbag to deploy,
the officer made the decision to fire his weapon through his windshield at the oncoming 4Runner. This
caused Mr. Ruddell to stop the 4Runner in the middle of the roadway. The officer then exited his patrol
vehicle and took up a defensive position as the only officer on-scene at that time. Mr. Ruddell exited his
vehicle, coming around the back of the 4Runner into the officer’s view, holding a flashlight and battery
pack taped together to look like a firearm (see picture below) pointed at the officer. Mr. Ruddell advanced
towards the officer from a short distance causing the officer to fire his weapon at Mr. Ruddell, striking
him multiple times.

A second officer from the Brookings Police Department arrived on-scene shortly after the first shots
were fired by the initial officer. The second officer saw Mr. Ruddell advancing towards the first officer
pointing the mock firearm at the first officer. The second officer exited his vehicle and fired multiple
shots at Mr. Ruddell. Mr. Ruddell went to the ground where officers started to render aid once the scene
was safe to do so. Paramedics arrived within 15 minutes and transported Mr. Ruddell to the Emergency
Room at Curry Medical Center in Brookings. Mr. Ruddell succumbed to his injuries a short time later
and was pronounced deceased at 1:56AM.

The Curry County Major Crime Team was called to the scene with the investigation being led by the
Oregon State Police. The investigation included detectives from Central Point, Roseburg and Coos Bay
along with forensic scientists from the Oregon State Police Forensic Laboratory dispatched to the scene.
An autopsy of Mr. Ruddell was performed by the Deputy State Medical Examiner in Central Point who
determined the cause of death to be multiple gunshot wounds.

Legal Analysis

Oregon law provides that a peace officer may use deadly physical force when it is objectively reasonable,
under the totality of circumstances known to the peace officer, to believe that the person poses an
imminent threat of death or serious physical injury to the peace officer or to a third person and the use
of deadly physical force is necessary to defend the peace officer or a third person from the imminent
threat of death or serious physical injury. ORS 161.242(1)(b).

The “reasonableness” inquiry is whether the officer’s actions are “objectively reasonable” in light of the
facts and circumstances confronting them, without regard to their underlying intent or motivation. The
“reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer
on the scene, and its calculus must embody an allowance for the fact that police officers are often forced
to make split-second decisions about the amount of force necessary in a particular situation. Graham v.
Connor, 490 U.S. 386, 396-398 (1989).

The prosecution has the burden of proving beyond a reasonable doubt that the shooting in self-defense
or defense of others was not justified. ORS 161.055

Conclusion

The Curry County Grand Jury concluded that both Brookings Police Department officers were justified
in using deadly physical force against Justin Ruddell on December 10, 2022.

The grand jury has completed its review of this case and will take no further action.