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  • Illustration by Jon Sperry

Three private security guards accused of attacking skateboarding teens in Pioneer Courthouse Square last year will not face assault charges in the incident, a grand jury ruled. The jury’s decision, which occurred Monday, was confirmed by the Multnomah County District Attorney’s Office this afternoon.

“We’re disappointed but not surprised,” said attorney Wendy Chung, working pro bono as an advocate for the victims. “There were extensive delays in the whole process.”

The case had been stalled in the grand jury process for weeks, after a juror got sick and forced prosecutors, witnesses and defendants to reschedule for this past Monday, August 30. Chung said that made it difficult to keep continuity for jurors and line up witnesses.

The attack initially came to light after the three guards called Portland police officers after scuffling with the skatboarders, saying they had been victims in a fight with five or six youths.

Officers, however, didn’t believe the guards. If anyone was on the attack, they concluded it was the guards. A home video shown on the Mercury’s Web site weeks later confirmed that account—showing guard Nicholas Jones swinging a skateboard at one of the teens’ heads.

A later inquiry by the Mercury also found that at the time of the altercation, Jones was working illegally. And Portland police officers initially decided not to file a police report about the incident at the request of the private security firm, Pacific Patrol Services. The report was written only after the video on the Mercury’s Web site raised hell in City Hall.

Deputy District Attorney Greg Moawad said the grand jury may have decided one of two things: that the attack didn’t happen, or that it was justified if it did. “I’m not present when they vote,” he said. He acknowledged that the delay of proceedings was unusual, but that it was necessary to accommodate the ailing juror and find a time when everyone could reconvene.

Alan Pendergrass, owner of the security firm, did not respond to a message seeking comment. Chung said she had filed a state complaint against Jones and Pacific Patrol Services over Jones’ lack of certification and that complaints against the other guards, Dimitriy Kolombet and Jason Allen, would be forthcoming.

“At the very least we can get him suspended,” she said of Jones, “so he’s not out there patrolling downtown. That’s all we ever cared about. Since the cops and the DA won’t do it, we’ll have to find another way.”

Denis C. Theriault is the Portland Mercury's News Editor. He writes stories about City Hall and the Portland Police Bureau, focusing on issues like homelessness, police oversight, insider politics, and...

12 replies on “BREAKING: No criminal charges for guards in skateboard attack”

  1. Say what??? So apparently its ok for a security guard (and one working illegally even) to pick up a skateboard and whack someone upside the head?

    The grand jury may have decided one of two things: that the attack didn’t happen (the video was fabricated?) or that it was justified if it did… Isn’t about the only justification self defense? Didn’t look like self defense to me.

    And the cops didn’t press charges in the first place? I hope this gets pursued further.

  2. @BlackedOut – None, I hope, since they weren’t Portland cops. Someone could have sued because the PPD didn’t arrest the security officers – but the grand jury just agreed that no crime was committed, so the city should be clear, right?

  3. @Reymont, but who hired the patrol services? Was it Pioneer Square? PBA? I’m still thinking taxpayers could be on the hook for this jackass’ skateboard-swinging malfeasance.

  4. @Oregometry – Yup, they’re hired by Pioneer Square, which is private property. Somehow – that’s what the security officers there have told me, at least.

  5. But do all of Pio Square’s funds come from events/Starbucks-KGW rent? I just feel like since it’s PCS that hired them, PCS is a public asset (even if privately owned) and PCS probably doesn’t have the money to pay a big ol’ civil settlement….we’re probably going to get hosed.

  6. @chrismcb – Police weren’t required to file a report because there was no victim at the scene and the incident was deemed mutual combat. The firm did ask to handle things in-house and the police did state that if a report was filed, it would reflect the fact that they believed the guards acted excessively (at the time, I’m guessing the guards forgot to mention the part where they blasted someone with a skateboard). Unfortunately the cops were not able to get the skaters’ side of the story and/or see the video at the time.

    I’m guessing maybe the jury agreed with calling the incident mutual combat, especially if they determined the guards didn’t initiate the attack.

    I’d be interested to know what role the video played in the ruling (or if it was used). I agree that it’s pretty hard to not say the guard acted excessively when he decided it was perfectly fine to use a skateboard as a weapon.

    At the very least, it’s pretty sketchy that the firm is using unlicensed people (can’t remember if it was shown he had just gotten his temp permit that day) and that someone like that is still employed with the company.

  7. Bottom line is that everyone knows the kid probably had it coming, so no one is stressing much about it.

    Important lesson for youngsters: if you’re a little shit, you’re going to be treated like one sometimes.

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