Before Portland Police Officer Samson Ajir told a grand jury he felt his life was in danger as he fatally shot a homeless man in the midst of an apparent mental health crisis, he had some explaining to do.
The prosecutor running the show first wanted to emphasize to the seven grand jurorsâwhoâd soon clear Ajir of legal wrongdoingâthat the Portland officer was a family man.
Deputy District Attorney Brian Davidson asked the 32-year-old Ajir about his hometown in Idaho, and if he still has family there. He then emphasized Ajirâs role as a husband and father.
âAre you married?â the prosecutor asked, according to transcripts released last week.
âI am.â
âAnd how long have you been married?â
âAlmost seven years.â
âAnd kids?â
âTwo little ones,â Ajir responded. âI got a three-year-old and a one-year-old daughter.â
âTwo girls, orââ
âBoth daughters.â
âA one- and a three-year-old?â the prosecutor stressed. Ajir nodded. âTerrific.â
These were not details asked of the 16 witnesses who testified before the officer.
Davidson moved on to questions more typically asked of cops on the grand jury witness standâcovering Ajirâs law enforcement training, his duty assignments, and what happened on May 10, the day he fatally shot 24-year-old Terrell Johnson. The grand jury, tasked with determining if there was probable cause that a crime was committed, returned a âno true bill.â The shooting was legally justified.
The special inquiry into Ajirâs family life wasnât the first such incident this year. Davidson also ran a grand jury investigation into the conduct of two Portland police officers who in February shot an apparently suicidal man named Don Perkins, whoâd menaced police with a fake gun.
Like Ajir, the two officers are married and have young kids. And as with Ajir, Davidson emphasized their marriages and children. Again, he didnât inquire about those things with any other witnesses.
Itâs entirely likely that Ajir would have been exonerated even without the inquiries into his family life. Evidence suggested that Johnson swung a box cutter at the officer at fairly close range, following a disturbance at an East Portland MAX station.
But for some, the handling of the case raises questions about special treatment for cops, who essentially never face criminal charges following shootings.
Davidson tells the Mercury he emphasizes officersâ family lives to make a connection with them.
âThereâs nothing unusual about that,â he says. âPrimarily, it helps establish a certain level of rapport between the person asking the question and the person answering. If youâre just facts and only the facts [of the shooting], and you donât spend some time establishing a little bit of rapport between yourself and the person youâre asking questions of, I think itâs detrimental to the process.â
Does that amount to special treatment? Almost certainly, experts sayâbut not unexpectedly.
All police shootings in Portland go to a grand jury, regardless of the details, while prosecutors only bring cases against civilians when theyâre reasonably sure theyâll get an indictment.
And theyâre very successful at this. On the federal level, for example, the US Bureau of Justice Statistics says grand juries declined to return an indictment in only 11 out of 162,000 cases brought forward in 2010.
âIt wouldnât be surprising that a prosecutor would treat a police shootingâwhen they think it was a righteous shootâdifferently from how they theyâd treat a case before the grand jury hoping to persuade them to return an indictment,â explains Andrew D. Leipold, a University of Illinois law professor who has conducted extensive research on grand juries nationwide. âFrankly, if a prosecutor wants to get an indictment, or doesnât want to get an indictment, the number of times the grand jury is going to go sideways and disagree with a prosecutor tends to be very small.â
Itâs not just family chatter that raises questions. A local defense attorney tells the Mercury thereâs another fishy aspect of the grand jury process: that a sergeant in the PPBâs training division has been called to testify on behalf of officersâhis colleaguesâdespite not being on the scene of the shootings, vouching that officersâ actions are within bureau policy and consistent with their training.
During the grand jury investigation on Ajir, Davidson asked PPB Sgt. Derrick Foxworth: âWhat are your thoughts on whether Officer Ajirâs actions in that encounter comported with training policy of the Portland Police Bureau?â
Foxworth responded: âCertainly. And, again, the short answer is yes, it doesâit is consistent with PPB policy.â
Davidson says police directives are written in line with state law, so that if a cop obeys internal rules, itâs an indicator theyâre also obeying the law. But Foxworthâs testimony raises concerns for the local defense attorney who reviewed the transcript (and requested not to be named|
âThe grand jury decides what the evidence shows,â and itâs not for someone else to decide whether a crime occurred or if policy was broken or not, the attorney said. âOtherwise, every freaking trial would be legal experts. Hell, Iâd put on other lawyers as witnesses and ask them: âBased on your review of the evidence, is my client guilty beyond a reasonable doubt of a crime?ââ
Regardless, itâs unlikely Ajir would have been indicted, says Eugene OâDonnell, a former police officer and prosecutor whoâs now a lecturer at the John Jay College of Criminal Justice in New York.
âThe prosecutor sets the tone with how it goes in, but it usually revolves around the officer,â OâDonnell says. âHe needs to articulate a fear that he could be seriously injured or killed, that itâs something he didnât want to do or chose to doâitâs something he had to do given the situation. Thatâs powerful test-imony.â
Ajir, who is assigned to the multi-jurisdictional Transit Unit, killed Johnson after a brief foot chase near the Flavel Street MAX station on May 10. In his June 22 grand jury testimony, the officer recounted shooting Johnson three times while falling backward after tripping on a curb. He said he feared for his safety, as Johnson made swipes at him with a folding box cutter (which Ajir referred to as a âslasherâ).
Police were originally called to the scene after Johnson asked a group of people for a cigarette, then chased a teen who didnât give him one. In the grand jury, Davidson also emphasized that Johnson was seen on security footage chasing a man on a MAX train the day before. He was wearing the same clothes and holding the same blade when he confronted Ajir, Davidson says.
âAnother step or two and he would have been able to slash me and been right on top of me,â Ajir, father and husband, testified.
âWere you afraid for your life?â Davidson asked.
âAbsolutely.... Yes. I thought I was going to get killed.â