Grand jury transcripts released in deadly officer-involved shoot - KPTV - FOX 12

Grand jury transcripts released in deadly officer-involved shooting of Portland teen

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Quanice Hayes and replica firearm found near his body after deadly officer-involved shooting. (Photos released by Portland Police Bureau) Quanice Hayes and replica firearm found near his body after deadly officer-involved shooting. (Photos released by Portland Police Bureau)
Protesters confronting Mayor Ted Wheeler after shooting death of Quanince Hayes (KPTV file image) Protesters confronting Mayor Ted Wheeler after shooting death of Quanince Hayes (KPTV file image)
Deadly officer-involved shooting scene in northeast Portland in February. (KPTV file image) Deadly officer-involved shooting scene in northeast Portland in February. (KPTV file image)
PORTLAND, OR (KPTV) -

The full grand jury transcripts were released Monday from the investigation into the officer-involved shooting death of a Portland teen armed with a replica gun.

A court granted the motion filed by the Multnomah County District Attorney's Office to release the 509 pages of transcripts.

The grand jury ruled that Officer Andrew Hearst was justified in using deadly force against 17-year-old Quanice Hayes the morning of Feb. 9.

Investigators said Hayes was involved in a series of crimes that began when he robbed a man sitting in a car across from a hotel on the 1700 block of Northeast 82nd Avenue.

Grand Jury Testimony

That man told the grand jury he was homeless and sleeping in his car when Hayes approached, pointed a gun at him and said, "You're lucky you're not dead right now."

The man told the grand jury Hayes got in his car, searched it, took some of his possessions, ripped the glove box door off its hinges and said, "You're going to drive me so I can make some money."

The man said he was out of gas and had to repeatedly show Hayes the car wouldn't start.

"It's like it finally sunk in his mind that I'm just as broke and homeless as he was," the man said, according to the grand jury transcripts.

The man said he was being held hostage and had the car started, Hayes would have driven him around at gunpoint to commit crimes. He said at one point Hayes appeared to put a bullet in the chamber of his gun.

"He was acting like if he was a professional at what he was doing: Calm, cool, collected and very direct. This guy had – there was no way of doubting or disbelieving that this guy was not a pro. He had done this multiple times. Without a doubt. It was too – too precise," the man told the grand jury.

Hayes eventually exited the car, put the gun around his waistline and "calmly walked away," according to the victim, but not before telling the man not to call police or else, "I'm going to come back and put two in you."

Officer-Involved Shooting

Hayes was eventually tracked to an alcove at a home on Northeast Hancock Street. Officer Hearst described confronting Hayes.

"And I tell him – you know, we are eye to eye, looking at each other. I tell him, 'If you reach for your waistband, I will shoot you,'" Hearst told the grand jury.  

Hearst described repeating that line at least three times.

"I feel like I need to tell him again because he's, he's not keeping his hands away from his waistband," Hearst told the grand jury, according to the transcripts.

Hayes was ordered to his knees and to crawl toward the officers. Hearst said at one point Hayes jumped up to his feet very quickly, before being told to get back on his knees. Hearst said Hayes then drew his hand toward his waistband again and seemed to be "almost practicing" to pull his gun.

Hayes was ordered to stop. While on his knees, Hayes began looking around before dropping his right hand to the small of his back and then reaching around to the front of his waistband, according to Hearst's testimony to the grand jury.

Hearst fired his rifle and shot Hayes three times, twice in the torso and once in the head. Hayes was pronounced dead at the scene.  

"I knew that if he were to get to his gun, I would not be able to react fast enough before he was able to shoot one of us," Hearst told the grand jury.

When a grand juror asked why Hearst didn't wait to see a gun, he replied, "I can't wait, because if I let him get his hand on his gun, he will be able to pull that gun out and shoot me or my co-workers before I'm able to react to it. I just – I can't perceive what he's doing, have that go through my thinking process and then make a decision faster than he's able to shoot me."

Shooting Aftermath

Investigators said a realistic-looking replica gun was found next to Hayes with his DNA on it. Hayes was also found to be carrying property stolen from the man in the car and a subsequent home break-in, according to police.

Toxicology results on Hayes' blood showed numerous drugs, according to the Oregon State Medical Examiner's Office, including cocaine, benzodiazepine and hydrocodone.

Hayes' mother has called for a federal investigation into the shooting and described Hearst as "blood-thirsty" and "murderous-minded."

“(They) try to paint my son, my 17-year-old child, as a robber or a car prowler, all of which is not a reason to be executed in the United States of America or the state of Oregon,” said Venus Hayes.  

The full grand jury transcripts are posted at mcda.us.

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