A sign from a rally following Quanice Hayes February 2017 death.
A sign from a rally following Quanice Hayes' February 2017 death. DOUG BROWN

Four Portland City Council candidates have signed a letter denouncing the arguments made by Portland city attorneys in Quanice Hayes' wrongful death lawsuit.

In a letter sent to city commissioners, candidates Loretta Smith, Sarah Iannarone, Carmen Rubio, and Sam Adams urge officials to withdrawal the "ludicrous" argument used in court against the Hayes' family.

The candidates cite the Mercury's coverage of Wednesday's federal hearing in Hayes' case in their letter to city commissioners.

Hayes, a 17-year-old African American, was killed by Portland officer Andrew Hearst in February 2017 after being cornered by a group of officers in an alcove outside of a Northeast Portland house. At the time, Hayes was a suspect in an attempted carjacking and armed robbery—accusations that haven't been contested by his family. After officers tracked him down, Hayes followed their orders to crawl on the ground out of the alcove, towards Hearst. But when Hayes reached down to his waistband, Hearst fired his AR-15 rifle, hitting Hayes in the head and torso.

In court testimony, Hearst said he believed Hayes was reaching for a gun. Only after Hearst fatally shot Hayes did officers find a fake gun next to his body. A Multnomah County grand jury declined to indict Hearst for killing Hayes.

Hayes' family sued the City of Portland in 2018 for failing to properly train its police officers—a result that allegedly led to Hayes' death.

In pre-trial hearings before US District Court Judge John Acosta, attorneys representing the city have argued that Hayes and his mother, Venus Hayes, are the only people responsible for his death. During a Wednesday court hearing, city attorney William Manlove argued that, because Hayes slept poorly, carried a fake weapon, and committed crimes before his encounter with the police, the fatal shooting was justified. The city has also has accused Venus of not supervising her son, thus allowing him to commit crimes that warranted his killing.

In their letter, candidates call the city's victim blaming "disgusting, oppressive, and polarizing ... only serving the interest of creating deeper rifts between vulnerable communities and the city that is meant to serve them."

"Quanice Hayes’ story is not unique but is rather representative of many of the young people struggling to find their way in this city that we should be uplifting – not beating down," the letter continues. "Venus Hayes’ story is not unique but is rather representative of many parents in this city burdened with the weight of providing for their families in an environment where they struggle to find an affordable place to live and a job that pays them a livable wage."

The group urges city officials to direct the city attorneys working on this case to withdraw their argument immediately and "work with Quanice Hayes’ estate to quickly resolve the broader case so that true community healing can begin."

"The City Attorney was not elected by the voters of Portland – you were," the letter reads. "You all are empowered to stop this attack on a mother who is still, and always will be, mourning the tragic loss of her son. This must end today. We shouldn’t have to wait on Judge Acosta to deliver a ruling on something as wrong-headed as this."

Smith, a former Multnomah County Commissioner, Rubio, the director of Latino Network, and Adams, a former Portland mayor, are all running for separate city council seats in the May election. Iannarone, an urban planning researcher, is running for mayor.

Read the complete letter here.

City Attorney Tracy Reeve told the Mercury the city does not comment on pending litigation.

Commissioner Jo Ann Hardesty responded to the letter in a brief email to the Mercury.

“This decision predates my time on city council," Hardesty wrote. "While I cannot comment on pending litigation, I have asked for a briefing from the city attorneys to explain their rationale.“

Mayor Ted Wheeler's office gave a similar response. "We cannot comment on pending litigation," wrote Tim Becker, a spokesperson for Wheeler's office. "Our office will follow up with the city attorney to learn more about the circumstances mentioned in the letter."