Whitney M. Woodworth

Statesman Journal

A Marion County grand jury ruled Tuesday that a Salem police officer was justified in shooting a man during an encounter outside an Applebee's restaurant.

On Jan. 13, Salem Cpl. Jacob Pratt responded to a 9-1-1 call of a wanted, possibly armed man near 2625 Liberty St. NE. He contacted Casey Howe, 33, of Salem, outside the restaurant. According to a statement from the Salem Police Department, Howe was armed with a knife. The two struggled, and Pratt fired his handgun and shot Howe.

Howe was taken to Oregon Health & Science University hospital. Pratt was not injured during the confrontation, and a knife was later recovered at the scene of the shooting.

According to Oregon law, police officers are justified using deadly force when they think it is necessary to defend themselves or another person from an imminent threat of deadly force or if their life or personal safety is in danger.

"In reaching today's decision, the grand jury applied the legal principles above and concluded that the actions of Cpl. Pratt were justified," said the Marion County District Attorney's Office in a statement.

Pratt, who has served with the Salem Police Department for 10 years, was placed on standard administrative leave after the shooting.

As with most officer-involved shootings, Oregon State Police led the investigation into the incident at the direction of the district attorney's office. The grand jury heard a seven-hour presentation of evidence about the shooting, including the testimonies of civilian witnesses, law enforcement and associates of Howe. They also analyzed diagrams, photographs and physical evidence from the incident before declining to review any additional evidence and clearing the officer.

The grand jury also indicted Howe on charges of attempted aggravated murder, attempted first-degree assault, unlawful possession of a weapon, unlawful possession of methamphetamine, illegal possession of a restricted weapon by a felon and menacing.

Howe had an arrest warrant at the time of the incidentrelated to charges of domestic violence and harassment.

Man shot by Salem police held on attempted murder charges

According to an affidavit filed in Polk County, he allegedly headbutted and spit on a woman in December. He fled the scene after the woman called police, and a warrant was issued for his arrest.

Howe previously pleaded guilty to menacing charges in Marion County in 2004, was convicted of burglary and assault in Marion County in 2005 and convicted of DUI and methamphetamine possession in Deschutes County in 2013.

Howe remains at the hospital in stable condition, where he is being held under custodial arrest without bail. He is scheduled to appear in Marion County Circuit Court at 8:30 a.m. Feb. 1.

Email wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth

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