A grand jury found three Portland police officers who were involved in the fatal shooting of the Legacy Good Samaritan Hospital gunman in July, shouldn’t face criminal charges.

The decision was announced Thursday by the Multnomah County District Attorney’s Office. 

The Portland Police Bureau (PPB) officers searched for PoniaX Kane Calles, 33, for hours on July 22, after Calles reportedly shot security officer Bobby Smallwood outside the hospital’s maternity ward, and injured another security officer. Smallwood later died from his injuries.

Calles initially fled the scene on a moped, but a PPB sergeant spotted him in East Portland, hiding in some bushes, and later getting into a van driven by a friend he'd called to pick him up. According to police, the sergeant followed the van and called for backup. Officers tracked the van until it eventually stopped in Gresham, where police opened fire. The van’s driver was uninjured.

Officers Justin Thurman, Timothy Hoerauf, and Seth Wingfield were involved in the fatal shooting of Calles. A grand jury returned a not true bill, meaning the jury found the officers’ use of force wasn’t criminal. It's still unclear what happened in the moments leading up to officers firing on Calles. The DA’s Office asked the court for permission to release grand jury transcripts to the public, to provide additional transparency about the evidence considered. If the court grants permission, the DA's Office will post transcripts on its website. 

The day of the shooting, Legacy Health President and CEO Kathryn Correia conveyed "profound grief" on behalf of Legacy staff. "We offer our unwavering support to Bobby’s loved ones, to our patients in our care, to the staff at Legacy Good Samaritan and to all of our employees and providers suffering today," Correia said in a published statement.

The incident in July caused every Legacy and OHSU medical center in the Portland area to go lockdown. Health care workers received a “code silver” alert to run and hide. It also led to calls for increased security measures at local health care sites across Portland. In response, Legacy Health began equipping its previously unarmed security guards with tasers, and added metal detectors to its hospitals.

The investigation into Calles’ death by officers is the second officer-involved shooting involving Portland police this year. In 2022, PPB reported nine officer-involved shootings, four of which were fatal, one of which is still listed as “unknown.”

Portland’s system for reviewing police use of deadly force incidents involves an internal review, conducted within the bureau. An outside agency, like the East County Major Crimes Team, is typically also tasked with investigating. Cases also go before Portland’s Police Review Board, which includes community members, police, and members of the Independent Police Review Division. The District Attorney’s Office also conducts its own criminal investigation. 

While it won't impact the criminal investigation process, the city's police review system is about to change substantially, to be handled by a Community Board for Police Accountability. The new process, initiated by voters in 2020, will be devoid of police and instead be led by appointed community members.