Clackamas County Sheriff's Office

Above: A Clackamas County man was killed Dec. 26, 2017 during a shootout with county deputies at his property in Boring. Authorities said he’d gone to his estranged wife’s home in Sandy with an AR-15 rifle beforehand, threatened her with it, then later led deputies on a chase back to his home and exchanged gunfire with them.





By Everton Bailey Jr.

The Oregonian | OregonLive



Tammie MacAlevy was alone Christmas night when she saw her estranged husband inside the Sandy home they once shared.



He was pointing an AR-15 rifle at her and wearing camouflage, a ballistic helmet and a ballistic vest. She grabbed a handgun and aimed back at him. Nathan MacAlevy told her he loved her.



"It ends tonight," he repeated.



By morning, he was dead – killed in a shootout with police at his rental home about 6 miles away in Boring.

Don't Edit

Clackamas County Sheriff's Office

Above: A photo from a Dec. 26, 2017 fatal officer-involved shooting in Boring shows a Clackamas County Sheriff’s patrol car struck several times with bullets.





Tammie MacAlevy, 41, had filed a restraining order against her husband that August, saying he was "a danger to himself and others with physical violence, verbal abuse, drunk driving." She wrote that he "does not like law enforcement" and owned guns. She said he had one on him when he was arrested a day earlier for attacking her in front of their daughter.



After Nathan MacAlevy, 44, posted bail on resulting charges of fourth-degree assault and harassment, a Clackamas County judge ordered he not contact his wife, their home in Sandy or possess any alcohol or weapons, court records show.



Later that month, the FBI alerted all county police agencies about MacAlevy, telling them about his connections with occupiers of the Malheur National Wildlife Refuge. The alert said he was a threat to police for possible retaliation over the death of LaVoy Finicum and had a large amount of weapons and ammo, according to the county district attorney's office.



None of that stopped MacAlevy from threatening his wife with a gun and later opening fire on police. Before the August arrest, he had no prior criminal history.

Don't Edit

Clackamas County Sheriff's Office

Above: A photo from a Dec. 26, 2017 fatal officer-involved shooting in Boring shows a Clackamas County Sheriff’s patrol car struck several times with bullets.





Since 2015, Oregon has banned gun ownership by people convicted of domestic abuse and stalking. In March, Gov. Kate Brown signed into law a bill that closed a loophole allowing abusers who aren’t married to or living with their victims to own guns.



Had MacAlevy been convicted of a felony or any domestic violence charges, he would have been prohibited from possessing firearms, said Lewis Burkhart, a Clackamas County deputy district attorney who presented the case to a grand jury. But the court order doesn't require someone to surrender their weapons or have them seized by police. Compliance relies upon the defendant, Burkhart said. Violating the order could lead to contempt of court charges or bail revocation.



Sending police to people's homes to seize firearms carries its own risks, said county sheriff's spokesman Sgt. Brian Jensen. Some gun owners may comply, but others may not and it could lead to a confrontation, he said.



"We hope when a judge makes an order that people comply with that order," Jensen said.

Don't Edit

Clackamas County Sheriff's Office

Above: A photo from a Dec. 26, 2017 fatal officer-involved shooting in Boring shows the trajectory of several bullets that struck a Clackamas County Sheriff’s patrol car during the encounter.





Nathan MacAlevy dealt with depression on and off for years, family members said.



By December, he seemed to sink into despair partly because of his pending divorce, his sister Angie MacAlevy said. He told her and his girlfriend, Tricia Hall, that he planned to get involved in a police shooting, according to the district attorney's office. Hall told investigators that she decided not to report MacAlevy's statements. She feared he would attempt suicide with the help of police.



Hall did not respond to a request for comment.



Angie MacAlevy said she didn't inform police because she thought it would further agitate her brother.



MacAlevy was drinking at his home in Boring on Christmas Day.



"You don't understand," read one message he sent his sister and girlfriend that day. "I'm done tonight one way or the other. I can't go back, follow through with the plan. I can take some pos with me or alone it doesn't matter."

Don't Edit



Tammie MacAlevy estimated her husband came into the home sometime after 11 p.m. She eventually lowered her handgun and convinced him to go outside so they could talk.



She texted her mom to call 911 as her husband headed out the back door. While they stood on the back deck, something caught Nathan MacAlevy's attention and he ran, his wife said. The district attorney's office said it was likely spotlights from arriving deputies.



Police searched the property but didn't find MacAlevy. His wife left the house unharmed and was driven by police to her mother's home. Police left the house in Sandy a little before 4 a.m. MacAlevy was spotted in his van around 4:30 a.m. along U.S. 26 still in town. Police gave chase.

Don't Edit

Don't Edit

Clackamas County Sheriff's Office

Above:A Clackamas County Sheriff's armored truck rams a work van belonging to Nathan MacAlevy, who was killed by police during a shooting on his rental property in Boring on Dec. 26, 2017.





It ended at MacAlevy's home in Boring a little after 4:40 a.m., where MacAlevy shot at deputies. Police returned fire. As MacAlevy ran toward a barn, the fatal bullet hit him in the head and spinal cord, the district attorney's office said. The shooting ended within five minutes. No one else was injured.



In total, MacAlevy fired 30 rounds, and seven law enforcement officers fired 60 shots, according to the district attorney's office. Toxicology results found MacAlevy's blood-alcohol content was 0.12 percent.



Investigators found seven AR-15 magazines, almost 500 cartridges of ammo and a container of tannerite, an explosive used for target practice, on the property.



The district attorney's office concluded MacAlevy was "on a mission to complete a 'suicide by cop.'" A grand jury deemed the shooting justified.



MacAlevy was one of 12 people killed by police in Oregon in 2017. Fifteen had been killed the year before.

Don't Edit

Courtesy of Tricia Hall

Above: Nathan MacAlevy



Kathryn Bourn, an ex-Clatsop County prosecutor who represents Tammie MacAlevy in the divorce case, questioned how someone facing felony domestic assault charges and a restraining order still managed to possess firearms.



"The system really didn't work and very much failed Mrs. MacAlevy and their daughter," she said.



Tammie MacAlevy said she and her daughter are still reeling from the death of Nathan MacAlevy. "Some days are harder than others," she said.



"He was a good and decent guy when he was sober," she said. "But he gave police no option. He made his choice."

-- Everton Bailey Jr.

ebailey@oregonian.com

503-221-8343

@EvertonBailey