Multnomah County District Attorney’s Office Prosecution Decline Memo
June 27, 2025
| Agency: | Gresham Police Department | Incident #: 41 25-24140 |
| Referring Officer: | Martin Daly BPST #: 54427 |
| DA File # | 051-1098604 | DDA: Todd Jackson & Eric Palmer |
| Case Status: | Closed | Unit: Homicide Unit |
| Defendant: | Death Investigation | DOB: N/A |
| Charge | Date of Crime | Reason |
| Death Investigation | 06/13/2025 | Rejected: Insufficient Evidence as a Whole |
| Co-def File #s | Co-Defendant(s): | DOB | Case Status |
Memo:
On June 13, 2025, Multnomah County Sheriff’s Office Deputy Adam Suboh used deadly physical force against Ladarius Collins that resulted in Mr. Collins’ death. Incidents involving the use of deadly force by law enforcement officers have a tremendous impact on families, communities, and the involved law enforcement officers. The Multnomah County District Attorney’s Office is committed to transparency, accountability, and ensuring the community receives clear and timely answers. Our hearts go out to everyone impacted by this tragic loss of life.
The East County Major Crimes Team (MCT) conducted an investigation into Deputy Suboh’s use of force. Multnomah County Chief Deputy District Attorney Todd Jackson and Deputy District Attorney Eric Palmer reviewed the investigation and concluded the use of force was justified under Oregon law and therefore not criminal. This legal conclusion in no way diminishes the impact of this tragic loss of life.
The reader is referred to the reports for a full account of the MCT’s investigation. The following is a summary of the relevant facts and applicable law:
On June 13, 2025 at approximately 7:30 p.m., Gresham Police Officers responded to the Cameron Park Apartments located just north of NE 162nd Ave & NE Glisan St in Gresham, Oregon regarding two individuals who were fighting. There were multiple calls to 911 related to this incident. In one of the calls, the caller reported an individual, later identified as Ladarius Collins, had pulled out a gun. The caller can be heard yelling at Mr. Collins, ”Don’t do it, don’t fucking do it,” then telling the operator that they were concerned Mr. Collins was going to shoot the other person, that there were a number of people around, including children, and that he was pointing the gun right at the other person. The caller reported this was the scariest thing she had ever seen in her life.
An eyewitness to the altercation between Mr. Collins and his brother reported seeing them fighting in the driveway of the apartment complex. He saw Mr. Collins with a firearm moving toward his brother when the magazine fell out of the gun. The witness said he grabbed the magazine, and that Mr. Collins pinned him against the wall demanding it back. The witness threw the magazine to the ground hoping the brother would get it. The brother did not, and Mr. Collins got the magazine back. The witness saw Mr. Collins load the gun, and rack the slide. He said Mr. Collins pointed the firearm at the people trying to intervene in the fight. As the brothers continued to fight, the witness saw Mr. Collins holding his brother by the throat while holding the gun to his brother’s head. He heard the brother say something similar to ”please stop, please don’t kill me,” and Mr. Collins respond, ”I am going to fucking kill you.” At that point, police sirens became audible and Mr. Collins ran away north on NE 162nd Ave. The witness’ fiancé provided to police loose ammunition she had found on the ground where Mr. Collins had been fighting with his brother. She later provided a loaded magazine she found in the dirt near where they had been fighting. Mr. Collins’ brother reported he had been pistol-whipped in the head by Mr. Collins. Police observed visible injuries.
The north facing Gresham Police overt camera at NE 162nd Ave & NE Glisan St captured Mr. Collins and his brother walking southbound on NE 162nd Ave toward the Cameron Park Apartments at 7:24 p.m. Once they got to the entrance of the Cameron Park Apartments, they appeared to begin a physical altercation that proceeded off camera at 7:27 p.m. Approximately seven minutes later, at 7:34 p.m., they reappear on camera and proceed out into traffic. Mr. Collins can be seen raising his arm in a manner consistent with pointing a firearm at his brother. His brother runs away from him and Mr. Collins follows out of camera view with his arm extended. Approximately 15 seconds later, Mr. Collins reappears running away from the scene north on NE 162nd Ave. Four minutes later, at 7:39 p.m., Gresham Police Officers arrive on scene.
Multnomah County Sheriff’s Deputy Suboh was on duty in uniform and operating a marked patrol vehicle for the Sheriff’s Office. At approximately 7:30 p.m., he was in the area of the 18500 block of NE Sandy Blvd when he heard a call come out regarding a physical disturbance between two males involving a firearm. At approximately 7:40 p.m. he learned Gresham Police Officers had arrived on scene, found an injured male, and put out probable cause for the crimes of Assault III, Menacing, and Unlawful Use of a Weapon. As he entered the area south down NE 162nd Ave from NE Sandy Blvd, he heard the description of the suspect broadcast over the radio. He began checking side streets for the suspect. As he proceeded down NE Glisan St, he observed a male matching the suspect description, Mr. Collins, cross NE Glisan St walking southbound on NE 165th Ave.
The east facing Gresham Police overt camera at NE 162nd Ave & NE Glisan St captured at 7:47 p.m. Mr. Collins and an associate, later identified as his girlfriend, walking southbound on NE 165th Ave. They cross NE Glisan St in front of Deputy Suboh’s patrol vehicle. Deputy Suboh does a U-turn and follows them as they proceed south on NE 165th Ave.
As Deputy Suboh followed the two, he observed Mr. Collins appeared to have dirt on his back, consistent with having been in a fight, and that he was with a female who appeared to be crying and visibly distressed. While putting his observations out over the radio, Deputy Suboh lost sight of them near NE Everett Ct. He continued checking the area for them.
Gresham Police Officer Hulbert responded to the area and heard an update on the radio that Deputy Suboh had followed an individual matching the suspect description and an associate south on NE 165th Ave to NE Everett Ct where he lost sight of them. Officer Hulbert drove down NE Everett Ct to NE 167 Place and saw a female pointing north, and then saw a male in his driveway pointing east toward the back of his property. Officer Hulbert pulled up and saw Mr. Collins and his girlfriend walking eastbound through the backyard of the property. Officer Hulbert yelled at them to stop, but they began climbing the fence into the next yard. Gresham Police Officers Hendrie and Howell arrived and pursued them over the fence into the adjacent residence’s backyard.
Deputy Suboh heard the Gresham Officers broadcast that the suspect had been located at NE 167th Place and NE Everett Court. He proceeded to that location and saw Gresham officers running to the east.
Officer Howell, now in the backyard, ordered Mr. Collins and his girlfriend to stop multiple times. They both looked at Officer Howell before proceeding over the fence. Officer Howell followed them over and saw them attempting to cross another fence. Officer Howell again ordered them to stop. The female complied. Mr. Collins did not and went over the second fence. Officer Howell looked over the fence and saw Mr. Collins standing 10 feet from him racking the slide of a black semi-automatic handgun. Seeing that, Officer Howell pointed his duty weapon at Mr. Collins and yelled multiple times, ”Drop it or I will shoot you!” He saw Mr. Collins pacing back and forth in front of him holding the gun to his side. He then saw Mr. Collins suddenly turn away and run toward NE 168th Ave.
Deputy Suboh heard the radio broadcast that the female had stopped but the male had continued running eastbound and was jumping fences. He drove around the next block to NE 168th Ave hoping to contain Mr.
Collins and requested air support from the Portland Police Bureau to assist in locating the suspect. He activated his police lights and proceeded north on NE 168th Ave from NE Couch St. As he proceeded north on NE 168th Ave, he saw a citizen in their front yard.
He then saw Mr. Collins emerge from a yard a couple houses to the north and come onto the sidewalk moving toward him. Deputy Suboh quickly parked his vehicle and began to exit. No other officers or deputies were with Deputy Suboh on NE 168th Ave at that time. Due to reports that the Mr. Collins was armed, Deputy Suboh began drawing his duty weapon while issuing commands for him to get on the ground.
Mr. Collins did not comply and continued to close the distance on Deputy Suboh. When Mr. Collins was about 20 feet away, Deputy Suboh saw him produce a handgun, raise it, and point it directly at him. Deputy Suboh, fearing he was about to be shot and killed, fired at Mr. Collins. Mr. Collins appeared to dive between two cars parked in the driveway to the adjacent residence. Deputy Suboh stopped firing as he could no longer see the gun pointing at him. He moved behind his patrol vehicle and around to the passenger side for cover. He could see Mr. Collins on the ground with the firearm next to him. Deputy Suboh issued commands that Mr. Collins move away from the gun so they could render aid to him. Mr. Collins did not move away from the firearm.
Due to the speed, proximity, and threat presented, Deputy Suboh did not believe it was feasible to consider de- escalation tactics, lesser force options, or to issue a force warning prior to firing.
A resident on NE 168th Ave was out walking his dog and heard people yelling, ”He’s got a gun, he’s got a gun.” He then saw a man walk out from behind a house, and then saw a police vehicle arrive. He heard the police tell the man to stop but the man kept walking toward the police. The resident described it as though the man did not want to do what the police said. He saw the man reach into his pants pocket. Seeing that, he turned and ran away. As he ran, he heard gunshots. The resident got into his house and watched as more police arrived.
The house across the street from the shooting had a camera mounted on the front of the residence that captured the entire encounter.
Once it was deemed safe to do so, officers moved up and began rendering medical aid to Mr. Collins and called in paramedics. Mr. Collins was transported to the hospital where he was taken directly into surgery. Doctors determined he had been hit by one bullet that entered behind his left shoulder. The injury was deemed not survivable, and Mr. Collins was pronounced deceased at 8:47 p.m.
Gresham Police Detective Conroy conducted a round count of Deputy Suboh’s duty weapon, which was a Glock 17 9mm handgun with 17 round capacity. Detective Conroy found 11 rounds in the firearm, indicating it was down six rounds. Detective Conroy also checked the backup magazines on Deputy Suboh’s duty belt and found them all to be full, indicating no rounds had been fired from any of them. In total, Deputy Suboh fired six rounds.
Gresham Police Criminalists processed the shooting scene and located six spent cartridge casings where Deputy Suboh had been standing when he fired. They identified two bullet strikes, one in the rear fender of the truck parked in the driveway, and one in the fascia board below the gutter on the adjacent residence. They also recovered a black SCCY 9mm Pistol with magazine loaded with .380 ammunition in the driveway where Mr. Collins fell.
Mr. Collins’ girlfriend reported that she was out with Mr. Collins, his brother, and another female earlier in the day. They went back to the female’s apartment on NE 162nd Ave north of NE Glisan St. At the apartment, she described Mr. Collins becoming angry and pointing a gun at them. Mr. Collins’ brother told her to stay with the other female while he took Mr. Collins. She then saw Mr. Collins come back and asked where he had gone. He was angry and threatened to kill her saying he was not ”going out by myself.” She asked what he was talking about, and he said the police were looking for him. They then began running away. She heard Mr. Collins say something like ”I’m not going back,” which she understood to mean he did not want to go back to jail. As they were jumping fences, she remembered him saying, ”If you don’t follow me, I’m going to kill you. If you don’t jump this fence, I’m going to shoot you. I’m going to kill you. I’m not going out by myself. If they kill me, I’m killing you.” She described seeing him with the gun racking the slide and rounds ejecting. Ultimately, she heard the police say, ”Put your hands up,” which she did. She said Mr. Collins continued running, then she heard shots. She had visible injuries to her head she said were from Mr. Collins pistol-whipping her with the firearm while they were running.
The following is an overview of Oregon criminal law that is applicable to Deputy Suboh’s use of force against Mr. Collins:
Under Oregon Revised Statute (ORS) 161.195, conduct which would otherwise constitute an offense is justifiable and not criminal when it is authorized by law. ORS 161.209 establishes that a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.
In conjunction with the requirements of ORS 161.209, ORS 161.219 limits the use of deadly physical force in defense to a situation in which a person reasonably believes another person is committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person, or is using or about to use unlawful deadly physical force against a person.
For police officers, ORS 161.242 states that a peace officer may use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to a person and the use of deadly physical force is necessary to defend the person from the imminent threat of death or serious physical injury.
ORS 161.242 goes on to state that prior to using deadly physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall consider alternatives such as verbal de-escalation, waiting, using other available resources and techniques if reasonable, safe and feasible, or using a lesser degree of force; and give a verbal warning to the person that deadly physical force may be used and provide the person with a reasonable opportunity to comply.
In this case, Deputy Suboh was assisting in the apprehension of Mr. Collins, for whom probable cause existed for multiple violent firearms-related felony offenses. Mr. Collins was armed and actively running from the police through a residential neighborhood. When Deputy Suboh encountered Mr. Collins on NE 168th Ave, Mr. Collins had just been warned by Officer Howell to drop his firearm or he would be shot. Despite that warning, Mr. Collins did not comply with Deputy Suboh’s commands to get on the ground. Instead, Mr. Collins continued to advance on Deputy Suboh, produced a firearm, and pointed it directly at the deputy at extremely close range. Deputy Suboh felt compelled to fire on Mr. Collins in that moment because he reasonably believed, given everything that had occurred to that point, he was going to be shot and killed if he did not take that immediate action. The encounter occurred so quickly and was so close, there was no reasonable opportunity for Deputy Suboh to consider alternatives such as verbal de-escalation, waiting, using other available resources or techniques, or even to give a verbal force warning. Further, no other weapons system available to Deputy Suboh at the time would have been effective at addressing the threat he reasonably believed Mr. Collins presented.
The facts and evidence in this case conclusively establish that Deputy Suboh reasonably believed that Mr. Collins was an imminent deadly threat, and that he took action he reasonably believed to be necessary to defend himself against that deadly threat. As such, Deputy Suboh’s use of deadly physical force against Mr. Collins is justified under Oregon criminal law and not criminal.
CDDA Todd Jackson DDA Eric Palmer
Multnomah County District Attorneys Office