The family of a man who was unarmed, naked, burned and bleeding when police shot him to death in 2005 has reached a $1 million settlement with Clackamas County and a deputy sheriff.

Shooting timeline

The Sept. 8, 2005, shooting of Fouad Kaady began with a bizarre series of events that has never been fully explained.

Police and witnesses described a burned and bloodied man they thought was mentally ill or under the influence of drugs. Kaady's family theorized that he was crazed with pain from burns when a gasoline can exploded in his car or that he was affected by a head injury.

1:27 p.m.-1:30 p.m.: A Buick rear-ends three separate cars before veering off Bluff Road and catching fire in the ditch.

1:31 p.m.: Clackamas County sheriff's Deputy David Willard and Sandy police Officer William Bergin each respond.

1:37 p.m.: 9-1-1 caller reports that the driver of a burning Buick in the woods nearby, naked and "extremely combative."

1:56 p.m.: 9-1-1 caller reports seeing a naked man walking north of 362nd Avenue, "all cut up."

1:58 p.m.: 9-1-1 caller reports that a naked man just jumped onto her car on 362nd Avenue. The man then jumps over the car and walks on.

1:59 p.m.: Willard and Bergin find Kaady sitting cross-legged at the shoulder of the road. Willard sees the man is seriously injured and calls for Code 3 medics and backup. The officers order Kaady to lie on his stomach, but he rolls onto his back. A witness later speculates Kaady was trying to avoid burns on his right side. The officers fire Tasers at Kaady with no apparent effect. Kaady leaps onto the police car, moving from the hood to the roof. Officers report that he shouts "I'm going to kill you." A witness reports that Kaady was unarmed and non-threatening, with his hands at his side. Both officers fire shots at Kaady, and his body falls from the patrol car.

2 p.m.: Willard calls again for Code 3 medics. "Suspect is down," Willard tells dispatchers.

At the time, the shooting sparked outrage from the man's family, heated public debate over police procedures for subduing distressed or disbturbed subjects and calls for a public inquest -- even after a grand jury declined to charge police.

Five years later, the case continues to influence law enforcement policy and training. Clackamas County sheriff's deputies use the scenario as part of their Crisis Intervention Training Program, which deals with how to respond to highly agitated subjects – mentally ill or not.

The settlement, entered Monday in U.S. District Court in Portland, officially closes the books on a unlawful death lawsuit brought by the family of 27-year-old Fouad Kaady, who was killed on a rural road outside Sandy. The family reached a separate $1 million settlement last year with the city of Sandy and a former city police officer.

The settlement also ends the possibility of a Portland court appearance by the Kaadys' attorney, Gerry Spence, a high-profile trial lawyer with a theatrical style and a record of winning big liability awards.

The lawsuit, filed in September 2006, alleges that police violated Kaady's civil rights, used excessive force, then carried out an unconstitutional arrest, besides causing a wrongful death.

In the settlement announced Monday, neither side admits wrongdoing or even agrees to facts in the case, which remain in dispute.

"This was purely a business decision made by the insurance carrier," said attorney Michael Patterson, who represents Clackamas County and sheriff's Deputy David E. Willard. "None of the parties admit to liability in this case, and we continue to deny that the defendants engaged in any wrongdoing."

Sheriff Craig Roberts said he supported the decision to reach a settlement, although he was "prepared to mount a vigorous defense."

Kent Spence, who works in the family law firm with his father, Gerry, said the case was "not just a business decision" for the Kaady family.

"The family decided that rather than go through the trauma of a three-week trial, where they would relive the death of a loved one, that in the settlements, they got some justice," Spence said. "They got the case closed and they have decided to move on."

From the outset, the case triggered high emotions and debate over the facts. Witnesses and the Kaady family offered accounts of the events very different from those reported by Clackamas County sheriff's deputies and Sandy police.

Kaady was naked, burned and bleeding when Willard and former Sandy Officer William J. Bergin confronted him on Sept. 8, 2005, along Southeast 362nd Avenue, outside Sandy. Kaady, reportedly erratic, combative and uncooperative, had rear-ended three motorists and wrecked the car he was driving, police said.

Some witnesses said Kaady was grunting, hooting and howling like a wolf before police arrived. At times, others reported him to be calm.

The Kaady family maintains that Fouad Kaady had no history of mental illness and did not use hard drugs.

To subdue him, police shot Kaady several times with a stun gun that delivers a 50,000-volt jolt of electricity -- with little effect. After Kaady climbed on top of a patrol car, police said they felt their lives were in danger. They shot him seven times, killing him.

Critics said police completely misread the situation and overreacted.

They said Kaady had been transporting a gas can, which caught fire, causing him to crash his car into another vehicle. He then tore off his clothing to escape the flames and was desperately asking for help. They said the so-called grunting and hooting actually were cries of pain.

Critics also said that head injuries suffered in the crash may have contributed to his apparently erratic behavior. They said police should have been able to overpower him and wrestle him into submission without shooting him.

Police, however, said that wrestling with Kaady would have put them in grave danger, that he could have grabbed their sidearms.

More than 40 witnesses testified before a Clackamas County grand jury, which then declined to bring criminal charges against Bergin and Willard. Internal reviews by the sheriff's office and Sandy police also found that the officers acted appropriately.

Willard continues to work as a patrol deputy. Bergin resigned in October 2008, while under investigation by the Clackamas County district attorney's office. He later pleaded guilty to official misconduct for illegal use of confiscated driver's licenses.

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