A state arbitrator has ruled in Portland police union's favor, saying fired Portland Officer Ronald Frashour should get his job back.

The union's challenge of Frashour's November 2010 termination largely rested on the testimony of bureau training instructors who say Frashour followed his training when he used deadly force against Aaron Campbell on Jan. 29, 2010. The trainers were set to testify in federal court as well that they were never consulted before Chief Mike Reese and Mayor Sam Adams let Frashour go.

Frashour was fired for fatally shooting Campbell, an unarmed 25-year-old African American man, in the back with an AR-15 rifle.

Campbell, distraught and suicidal over his brother's death that day, emerged from a Northeast Portland apartment, with his back toward officers and his hands behind his head. Officer Ryan Lewton, who said he was trying to get Campbell to put his hands in the air, fired six bean bag rounds at him. Campbell turned and ran toward a parked car. Frashour fired a single shot at Campbell from the rifle, killing him.

Reese found it unreasonable for Frashour to believe that Campbell posed an "immediate threat" of death or serious injury. He found Frashour seemed to only focus on his AR-15 rifle without noticing what was going on around him, and refused to acknowledge that the six beanbag rounds that struck Campbell before the fatal shot could have caused a pain reaction, such as running away.

the city didn't prove "just cause" to terminate Frashour, and that a reasonable officer could have concluded that Campbell was armed, and that when he ran, "there was sufficient evidence for a finding that Mr. Campbell made motions that appeared to look like he was reaching for a gun."

More

"This was a very tragic case, one where the Monday-morning quarterback has the clear advantage when divining what went wrong,'' wrote arbitrator Jane Wilkinson, a Lake Oswego attorney, in her 73-page ruling.

But she said she rested her decision on constitutional law and Portland police directives.

"Although it turned out that Mr. Campbell did not have a gun with him in the parking lot,

Graham

(case law) and its progeny consistently emphasize that "20-20 hindsight" must be avoided,'' she wrote.

"In the instant case, although Mr. Campbell had not committed a crime and displayed some behavior showing surrender and compliance (although this behavior was inconsistent), the Arbitrator concludes that it was reasonable to believe that he could be armed, and that when he ran, there was sufficient evidence for a finding that Mr. Campbell made motions that appeared to look like he was reaching for a gun.''

The arbitrator ordered the city to reinstate Frashour to his former job as a police officer and to make him whole for lost wages.

The city of Portland had paid outside lawyers to assist deputy city attorney Stephanie Harper in defending the firing. As of Feb. 4, the city had spent $434,514 for outside counsel in this arbitration case.

The arbitrator held 16 days of hearings between Sept. 14 and Nov. 29.

In February, Campbell's family agreed to settle their federal wrongful death suit against the city for $1.2 million.

The mayor and chief released these statements:

“I spoke with Aaron Campbell’s mother today and expressed my disappointment in today’s ruling,” Adams said. “Chief Reese and I have been vocal about our stance on this case and we asked for this officer to be removed from service, based on the facts of the investigation and our policies. The City is reviewing all of its options, including whether we can appeal, and whether this is an award that is enforceable under state law.”

“The decision regarding this discipline was incredibly difficult and complex,” Reese said, in his prepared statement.. “While I believe that each Bureau member was attempting to do their best, it was important to recognize the significant issues in regard to policy violations and performance issues that were brought forward. I concurred with recommendations made by the Performance Review Board and delivered what I believed to be appropriate discipline.”

Officer Daryl Turner, president of the Portland Police Association, called the firing politically motivated and applauded the arbitrator's ruling. He said 25 Portland police officers testified before the arbitrator that Frashour's use of deadly force was reasonable and in full compliance with bureau rules.

"The events of January 29, 2010 were a tragedy for the Campbell family and the City. It was wrong, though, to compound that tragedy with political decision-making that disregarded the facts of what occurred that night,'' Turner wrote in a released statement.

The Albina Ministerial Alliance Coalition for Justice and Police Reform, who had decried the fatal shooting of Campbell, plans to protest the decision with a picket line and news conference Monday at noon outside City Hall.

"The reinstatement of Frashour is another in a long line of arbitration overturning firings of officers who use deadly force or otherwise take actions often targeted at communities of color,'' the coalition said, in a prepared statement.

--