Benton County District Attorney John Haroldson says a Philomath police officer was justified when he fired a shot at a suspect during an Aug. 4 kidnapping, shooting and hostage situation.
Haroldson made his determination after reviewing the results of an investigation into the incident by the Oregon State Police.
Because the incident involved a Philomath officer, Grant Moser, firing a shot at the suspect, the OSP investigation was mandated. Haroldson reviewed the investigation and then concluded that Moser fired out of necessity, to protect the victims and himself. The bullet did not strike the suspect, William Scott Martin, 49, of Philomath.
Haroldson sent his conclusions in a letter to Philomath Chief of Police Ken Elwer and on Thursday and released a number of documents in the case.
Martin remains in the Benton County jail, charged with attempted murder, kidnapping, burglary and unlawful use of a weapon in connection with the kidnapping of both his estranged girlfriend and her 74-year-old mother.
Martin is also charged with harassment, telephonic harassment and criminal trespass in connection with the incident. Bond has been set at $1 million. His next court appearance has not been scheduled.
Here’s how OSP investigators detailed the events that led to the four-hour standoff:
Witnesses told police that Martin had decided to move to Alaska after a brief stop in Roseburg the day before the kidnapping, in order to keep himself from killing his ex-girlfriend Kristy Seits, 51.
Seits told police that Martin had been calling the home that she shared with her mother, Kathleen Seits, for months. Martin often left threatening messages, she reported.
Witnesses in Roseburg said the man drank half a bottle of tequila, got in his pickup with a .22 caliber revolver and left his 17-year-old daughter in Roseburg. He did not tell anyone where he was going.
Police say Martin drove to Seits’ house on Applegate Street in Philomath and entered her home by pulling an air-conditioner out of a rear window. He forced her at gunpoint to his pickup, which was parked behind the house.
Philomath officer Moser arrived at 12:53 a.m., drew his weapon and confronted Martin, who responded by pointing his gun alternately at Seits’ head and at Moser.
Moser’s arrival distracted Martin, and Seits took the opportunity to run to a nearby grocery store. Moser fired one round, missing Martin, who ran back into the house and took Kathleen Seits hostage.
Kathleen Seits later told police she attempted to escape out of the back door, but Martin said “No, no, Kathleen,” and forced her back into the living room.
Officers from Corvallis and deputies from Benton County went to the scene, surrounded the house and waited. A Linn County hostage negotiator was called, and he was able to talk the suspect into surrendering about 4:40 a.m.
Moser was placed on administrative leave following the incident, which is standard procedure in incidents involving use of deadly force. He had returned to active duty by Aug. 11, Elwer said.