Public records indicate that Townsend had a weapon

Moments before he was fatally shot by Corvallis Police Officer Brett Roach last Friday night, Richard Townsend had raised a 2 1/2-foot metal rod above his head and attempted to strike Officer Greg Kantola.

Public records obtained from the Benton County Courthouse give the first details of what investigators say happened before police shot and killed Townsend, 50, a mentally ill Corvallis man.

Records also show that police first attempted to use non-lethal force to subdue an agitated and combative Townsend, but that the Taser weapon fired by police had no effect because one of the electrodes didn’t penetrate Townsend’s jacket. Townsend died after being shot, apparently four times at close range by Roach.

The account seems to indicate that Roach used deadly force in response to a threat to a fellow officer. That response would be consistent with police training, according to previous statements by Corvallis Police spokesman Lt. Ron Noble.

According to the affidavit for a warrant obtained by Benton County District Attorney Scott Heiser to search Townsend’s residence, the deadly incident was the second time Corvallis police had responded to reports of Townsend’s “bizarre” behavior that day. The affidavit gave this account:

About 4:30 p.m. on Nov. 25, residents called 911 to report that Townsend was “mowing the street” and waving rags at motorists near his home in the 500 block of Northwest 10th Street. Officers were unable to locate Townsend. Several hours later, Roach encountered Townsend just before 8 p.m. near Harrison Boulevard and 15th Street. Townsend was carrying a metal rod.

The warrant does not say whether Roach was responding to a complaint or if he just happened to see Townsend and stopped.

Roach was aware of the earlier report and had probable cause, or enough evidence from the citizen calls, to arrest Townsend for disorderly conduct, a misdemeanor offense. He requested backup from Kantola and tried to arrest Townsend. Both officers repeatedly ordered Townsend to drop the metal rod, corroborating statements by other witnesses.

Townsend refused to comply and “raised the metal rod above his head (in an attack posture) and focused his attention on Officer Kantola,” Heiser states.

Kantola responded by firing the Taser stun gun at Townsend.

“The Taser didn’t have the desired effect, likely because one of the electrodes failed to penetrate Townsend’s jacket,” Heiser noted.

Townsend, still brandishing the metal rod, continued to advance on the officers.

“Townsend remained in a combative and agitated state, having displayed strong symptoms of significant mental illness earlier in the day,” the document continues.

Two citizen witnesses reported seeing a “see-sawing motion” consistent with a struggle between Roach and Townsend.

“In response to being attacked by an unresponsive, mentally ill person who was undeterred by Taser fire, Officer Roach stepped back and away from Townsend as Townsend advanced,” Heiser wrote.

Townsend continued to advance, raising the metal rod above his head and threatening to strike Kantola.

“Officer Roach then fired his service pistol four times at Townsend, who was less than 10 feet from Officer Roach, causing Townsend’s death.”

The document also reports that Townsend’s mother, Marlene Fujii of Corvallis, told police her son had not been taking his prescribed medication for bi-polar disorder. Fujii reportedly told police that Townsend had purchased alcohol the day of the shooting and that she believed that her son was either using or attempting to acquire street drugs when he had been standing in the street before officers arrived.

Oregon State Police are investigating the incident, the first fatal officer-involved shooting for the Corvallis Police Department in 15 years. Roach and Kantola have worked for the department for six years. The officers have been placed on paid administrative leave, pending the state police investigation.

State Police Lt. Gregg Hastings said on Tuesday that the investigation is nearly completed and that his agency’s report would be forwarded to the Benton County District Attorney’s Office for further review.

As part of the investigation, Heiser said, his office also would review toxicology tests from samples obtained from Townsend as well as the officers. Results of those tests would likely not be completed for a week to 10 days, he said. Obtaining samples from all those involved is typical in such an investigation, he added.

Heiser declined to comment on what, if anything, officers obtained in their search of Townsend’s home.

Corvallis Police recruit officer Gabriel Sapp also has been placed on paid leave during the investigation. Sapp was a passenger in Roach’s vehicle and was not armed or providing a law enforcement function, police said.