DALLAS – Polk County District Attorney Aaron Felton announced Thursday that a grand jury determined there should be no prosecution in the officer-involved shooting death of Scott Spangler, 43, at the West Salem Goodwill on Sept. 18.
The grand jury’s decision means it “determined no criminal prosecution is warranted, and that the use of deadly force against Mr. Spangler by Dallas Officer Darren Buchholz was a lawful act of self-defense and/or defense of a third person, pursuant to Oregon law,” according to a press release from the DA’s office.
The investigation began at 1:15 p.m. on Sept. 18, following the report of an officer-involved shooting involving members of the Polk Interagency Narcotics Team (POINT). The Salem Police Department conducted the investigation and the DA’s Office presented the evidence to the grand jury.
The grand jury heard from detectives and officers from the Salem Police Department, deputies from the Polk County Sheriff’s Office, the involved officers from POINT, and six citizen witnesses, the release said.
The grand jurors who reviewed this case are Polk County community members. Each juror was selected from the regularly scheduled empaneled jury pool. This is a process set by Oregon’s Constitution, the release said.
As required by Oregon law, the grand jury proceedings in this case were recorded. Pursuant to ORS 132.270(4)(a)(C)), Buchholz, or his attorneys have 10 days to file a motion with the court to seek a protective order regarding the release of the grand jury proceedings or a portion of the proceedings.
In accordance with the district attorney’s office procedures and Oregon law, if a waiver is filed and/or no objection made within that 10-day period, a request will be made, through the district attorney’s office, to the Polk County Circuit Court Presiding Judge to have the grand jury proceedings transcribed and then subsequently released to the public.