September 23, 2021
Elisabeth Shepard, Communications Director
Grand Jury returns not true bill in April 16, 2021 fatal shooting by an officer after joint presentation from the DOJ and MCDA
PORTLAND, Ore. – Today, Multnomah County District Attorney Mike Schmidt announced that upon the conclusion of the presentation of evidence, a grand jury returned a not true bill and found the use of force by a Portland Police Bureau officer that resulted in the death of 46-year old Robert Delgado was not criminal under Oregon law. The case was presented by two Multnomah County Deputy District Attorneys and two Assistant Attorneys General appointed by the Department of Justice at the request of DA Schmidt.
Officer DeLong and other officers were dispatched to Lents Park in Southeast Portland the morning of April 16, 2021, responding to a call that indicated there was a man with a gun at the park. Video recorded by a witness and presented to the grand jury showed police standing behind trees instructing Mr. Delgado — who was about 90 feet away — to put his hands up and get down on the ground. Mr. Delgado appeared agitated and was yelling at the police. Mr. Delgado then produced what the officers believed to be a gun and pointed it at them. In response, Officer DeLong fired at Mr. Delgado.
Officers then assessed whether Mr. Delgado was still moving or holding a gun. They then called for medical help and attempted to resuscitate him. Mr. Delgado was declared deceased by American Medical Response. At the scene, investigators recovered a replica pistol that had been in Mr. Delgado’s possession.
Pursuant to ORS 132.270, the Multnomah County District Attorney’s Office will file a motion and request that the court authorize the release of a grand jury transcript for public review.
If the Court grants the motion, the MCDA will post the transcript to its public website.