A driver who saw criminal charges against him dismissed when a key prosecution witness didn’t make himself available for trial filed a $750,000 defamation lawsuit last week against 11 Portland area media organizations.

Mark Alan Dickerson had been charged with reckless driving and harassment after prosecutors accused him of intentionally and slowly driving his pickup truck in October 2018 into a downtown Portland demonstrator, who was in the street protesting the police shooting death of Patrick Kimmons.

Dickerson, who is representing himself in the lawsuit, claims that the media outlets defamed him and intentionally inflicted emotional distress upon him by publishing stories about his arrest — “virtually all with false, misleading, and/or sensationalist headlines.”

Dickerson specifically refers to four headlines: “A man was arrested today for purposely driving his car into protesters downtown” on BikePortland.org, “Driver Hits Person Protesting Police Shooting in Downtown Portland Today” by Willamette Week, “Man Charged With Hitting Protesters With His Truck” by Portland Mercury, “Driver arrested for hitting protester in downtown Portland” by KPTV, according to his lawsuit.

Dickerson lists as defendants: The Oregonian/OregonLive.com, BikePortland.Org, Willamette Week, Portland Mercury, KPTV, KOIN, KATU, KGW, Portland Observer, Portland Tribune and The Columbian.

“Our coverage accurately reflected what law enforcement and prosecutors released about the case,” said Therese Bottomly, editor of The Oregonian/OregonLive.

Duane Bosworth, a Portland attorney who is representing at least one of the other media organizations, said he couldn’t comment Wednesday.

Police arrested Dickerson Oct. 31, 2018, under accusations that he slowly drove his Chevrolet 2500 pickup into Arthuray Dudley as Dudley protested in the street in front of the Multnomah County Courthouse at Southwest Fourth Avenue and Main Street. Dickerson had been charged with two misdemeanors — reckless driving and harassment — for allegedly causing bruises to the side, shin and hands of Dudley.

But a judge dismissed the criminal charges against Dickerson, who at the time was 55, after the prosecution said Dudley — a key witness — couldn’t be available all day to testify on the opening day of trial last March. Neither the judge nor a jury got to weigh the arguments from the prosecution and the defense.

Deputy District Attorney Jenna Plank wrote in a court memo that Dickerson could have avoided the entire encounter if he would have used one of the other two unobstructed lanes to go drive around protesters, like other cars had.

Dickerson’s defense attorney, William Aring Meyer, contended the protesters were the ones violating the law by, among other things, impeding traffic. Other protesters cleared out of his way, but Dudley looked directly at Dickerson and backed his body directly into Dickerson’s car, Meyer said.

The prosecution saw that differently, writing in the memo that “Mr. Dickerson intentionally drove his vehicle at low speed directly into Mr. Dudley.”

-- Aimee Green

agreen@oregonian.com

o_aimee

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