A grand jury has ruled deputies were justified using deadly force against a heavily armed suspect who opened fire on them in Boring last Christmas.
The Clackamas County District Attorney’s Office informed the Clackamas County Sheriff’s Office last month that criminal charges would not be pursued in connection with the deadly officer-involved shooting.
New details were released this week.
Nathaniel Fritz Macalevy, 44, of Boring, was shot and killed on Dec. 26, 2017.
According to a timeline released by investigators, Macalevy had a no-contact order involving his wife and daughter. On Dec. 25, 2017, he went to his estranged wife’s home in Sandy after drinking, arming himself with an AR-15 and a handgun and putting on camouflage pants, a camouflage ballistic vest and camouflage ballistic helmet.
His wife called 911, followed by his mother-in-law.
Macalevy’s wife met deputies outside her home and told them he pointed a loaded rifle at her and the deputies and said he was “going to end it tonight.”
A SWAT team and armored vehicle were called out to the scene early in the morning of Dec. 26, and a reverse 911 call was made to people in the area.
A standoff was called off at around 4 a.m. as it was determined Macalevy had the “tactical advantage” and nobody was being placed in imminent danger by him, according to the investigative report.
However, Macalevy’s white company van was spotted on Highway 26 in Sandy at 4:33 a.m. A chase led to Macalevy’s rental home in Boring. Deputies said Macalevy fired at them with an AR-15 from his van, hitting patrol cars, and they returned fire.
Deputies said Macalevy hid behind a barn and was believed to have been shot in the leg as the firefighter continued.
Macalevy fired approximately 30 rounds, according to investigators.
An armored vehicle was used to push Macalevy’s van away as a SWAT team approached the outbuilding. Macalevy was found dead at the scene.
A forensic scientist narrowed down the source of the shot that traveled through the barn and struck Macalevy in the head to one of two sheriff’s office deputies involved in the incident.
Investigators said Macalevy’s blood-alcohol level was .12 at the time of his death. He also sent text and Facebook messages to his new girlfriend before the incident saying, “I’m done tonight one way or the other.” The woman told investigators he had previously discussed “suicide by cop.”
Among items found in Macalevy's work van, according to investigators: Seven AR-15 magazines, over 200 cartridges of .223 ammo and a box containing 288 cartridges of .22 LR ammunition. It was also known he had access to explosives. The Portland-area bomb unit would later respond to remove tannerite from a plastic container in an outbuilding on the property, near the house where Macalevy was living.
"This situation was incredibly dangerous and quite frankly it is surprising that no officers were harmed during this shootout,” according to the Clackamas County District Attorney’s Office decision memo.
The full investigative timeline is at Clackamas.us/sheriff.
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