A Portland man wielding a hammer apparently lunged at two Newport police officers before one of them fired on him, according to videos released this week by Lincoln County's top prosecutor.
The footage from the two officers' body cameras contributed to investigators' findings that Officer Andrew Ashpole was "justified under the circumstances" when he shot 53-year-old Nantharath Thilavanh on Dec. 9, Lincoln County District Attorney Michelle Branam said Wednesday in a news conference.
Thilavanh was shot in the leg and the hip and is expected to recover.
On the day of the shooting, Ashpole had been responding to a trespassing report at the Agate Beach RV Park, where he found Thilavanh sitting next to a small trash fire and smoking, the video shows. Thilavanh's speech is difficult to follow, and it's unclear at first whether he understands Ashpole's orders.
Thilavanh eventually hands over his ID, and Ashpole learns there's a warrant for his arrest on public indecency charges from Multnomah County.
"No man, I didn't do nothing wrong," Thilavanh said at the mention of the warrant.
Ashpole, now joined by another officer armed with a Taser, ordered Thilavanh to put down the hammer. Ashpole pointed his gun at him.
"You're going to beat me up," Thilavanh responded.
"I don't want to beat you up. I don't want to shoot you either," Ashpole said in the video.
Thilavanh is struck with the electric shock gun but runs off toward U.S. 101. Both officers warned Thilavanh to stop advancing toward a school bus or risk being shot. The two continue using non-lethal methods to restrain Thilavanh, but they were ineffective because he was wearing several layers of clothing.
Thilavanh then lunged at an officer in what Branam calls "an aggressive stance" and Ashpole discharged his weapon three times. He got off three more shots as Thilavanh kept advancing with the hammer raised.
Thilavanh was taken to Good Samaritan Regional Medical Center in Corvallis where he refused medical treatment, Branam said.
Prosecutors have not yet filed charges against Thilavanh in the case.
-- Nuran Alteir
nalteir@oregonian.com
503-294-4028
@whatnuransaid