February 2, 2021
PORTLAND, Ore. – Today, Multnomah County District Attorney Mike Schmidt provided the community an update regarding the criminal cases involving 26-year-old Demetruis Ray Brown — the suspect in two separate murders, an attempted murder, and one in-custody assault.
On January 14, 2021, a Multnomah County Circuit Court judge issued an opinion and order finding Brown unfit to proceed to trial, as defined in ORS 161.360. The court further determined that there is not a substantial probability that Brown, in the foreseeable future, will regain the capacity to stand trial.
Brown is currently at the Oregon State Hospital (OSH) in Salem, Oregon for custody, care, and treatment under Oregon’s “extremely dangerous person with mental illness” law, which is a 24-month period of commitment. The Oregon Psychiatric Security Review Board (PSRB) will hold a hearing in six months to determine the placement of Brown and whether he is eligible for conditional release or early discharge.
By law, under these circumstances, the court is required to dismiss, without prejudice, all charges against Brown.
Oregon law prohibits a person from being committed to the OSH for longer than three years while pending trial and being medically treated.
In Brown’s case that three year limit expired on January 22, 2021, which resulted in the court conducting a hearing to determine whether he had the present capacity to stand trial. As previously stated, the court found Brown unable and dismissed all charges against him.
In Oregon, prosecution for murder may be commenced at any time after the death as there is no statute of limitation.
In the future, if Brown is discharged from the OSH and he has regained competency to stand trial, the state can and may reconvene the grand jury and re-indict Brown on the murder charges.
Given Oregon’s time limitations, the state will be unable to proceed with prosecution on any non-homicide-specific statute.
During this entire pendency of these criminal cases, the Multnomah County District Attorney’s Office and its Victim’s Assistance Program have been in regular contact with the families of Mr. Jones and Ms. Herring to explain the legal posture of the cases and to offer services and support.
The following timeline is being provided for the community’s understanding of the cases involving Brown.
|May 26, 2012||Brown allegedly shoots then 21-year-old DaMon McDonald five times in Portland, Oregon during a robbery.|
|June 04, 2012||Brown is charged with attempted murder, robbery in the first degree, and assault in the first degree for the May 26 shooting.||C# 120632681|
|May 13, 2013||At trial, the court dismisses C# 120632681 after the state is unable to proceed to trial.|
|June 09, 2013||Brown shoots and kills 21-year-old Andreas Prince Jones in Gresham, Oregon.|
|August 17, 2014||Brown is involved in a shooting that results in the death of 21-year-old Ervaeua Herring, who was pregnant.|
|September 08, 2014||Brown is charged with the murder of Mr. Jones and the state reinstated criminal prosecution against Brown for the May 26 shooting of Mr. McDonald.||C# 14CR19891|
|September 11, 2014||Brown is arrested and booked into the Multnomah County Detention Center|
|January 29, 2015||Brown is charged with assault in the third degree, tampering with a witness and hindering prosecution while in custody.||C# 15CR07260|
|April 28, 2016||Brown is charged with aggravated murder (2 counts), murder, burglary in the first degree (2 counts) and unlawful use of the weapon for the death of Ervaeua Herring.||C# 16CR25123|
|October 18, 2017||The court ordered Brown to be committed to the Oregon State Hospital (OSH) for 30 days|
|January 22, 2018||The court finds Brown unable to aid and assist and orders him returned to the OSH.|
|January 14, 2021||The court finds Brown unfit to proceed to trial.|
|January 22, 2021||Commitment to the OSH concludes by law.|
|January 22, 2021||The court signs case dismal orders under ORS 426.701.|
Brent Weisberg, Communications Director
Multnomah County District Attorney’s Office