Grand Jury concludes that OSP trooper is justified in firing 47 times in deadly shootout along I-5
By: Before a 31-year-old Independence man was shot and killed by an Oregon State Police trooper on Interstate 5 April 10, he pointed a firearm at various motorists as he tried to gain access to their vehicles, according to an investigation by the Salem Police Department.
A Marion County grand jury that reviewed the investigation unanimously found OSP officer Andrew Tuttle was justified in the shooting of Felipe Amezcua Manzo on I-5 near the Mission Street exit.
Jurors heard testimony from 12 witnesses and reviewed video from Tuttle's body camera, the dash camera on his patrol vehicle and the dash camera of a bystander vehicle, recordings, photographs, scene diagrams, an autopsy and ballistic results, according to the Marion County District Attorney's Office.
The investigation found Amezcua Manzo was given verbal warnings and an opportunity to comply, the county attorney's office said in a press release. The grand jury found no reasonable alternatives, such as verbal de-escalation, would have been safe or reasonable and feasible for the officer.
The district attorney's office provided the following summary:
Tuttle was driving northbound on I-5 at 8:42 a.m. when he observed what he believed to be a stalled semi-trailer in the middle lane near milepost 254.
As he pulled closer to the trailer, he saw Amezcua Manzo in the roadway, pointing a firearm at the driver of the semi-trailer and the driver of a nearby SUV. Amezcua Manzo then tried to force open the passenger door of the SUV.
As Amezcua Manzo started running east, Tuttle activated his lights and siren. Tuttle pulled his vehicle to the shoulder of the freeway before getting out and telling Amezcua Manzo to "get on the ground." Amezcua Manzo continued walking south with his gun drawn.
Tuttle went into a roadside ditch in pursuit, and Amezcua Manzo fired his weapon at Tuttle.
The officer started back up the incline to try to find cover, fell into the water at the bottom of the ditch, got up and ran to his vehicle and reloaded his firearm. Amezcua Manzo aimed and fired, and a light in the officer's eyes temporarily blinded him.
Tuttle returned fire, believing Amezcua Manzo had a laser and was aiming for his head. The officer reloaded his weapon two more times as he fired, and Amezcua Manzo fell to the ground.
Tuttle and a responding retired officer from Washington state stood guard on Amezcua Manzo until medics arrived.
Amezcua Manzo was pronounced dead at the scene. Investigators said a firearm with an attached laser sight and light was found nearby.
An autopsy identified six gunshot wounds in his chest, head and back. The investigation determined Tuttle fired 47 shots, and Amezcua Manzo fired 13.