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Oregon Attorney General Dan Rayfield said Thursday evening that his Department of Justice would investigate a U.S. Customs and Border Protection officer shooting two people in outer Southeast Portland.
Announced hours after the shooting, which immediately raised major questions and put the city on edge, the investigation, according to the attorney general’s office, “will look into whether any federal officer acted outside the scope of their lawful authority and will include witness interviews, video evidence, and other relevant materials.”
The AG’s office said if evidence of criminal conduct is found, cases may be referred to the Multnomah County district attorney for possible prosecution.
This would undoubtedly produce a major legal showdown between Portland and the feds. In Minnesota, where an immigration agent killed a woman observing a federal operation on Wednesday, the FBI has wrested control of the investigation from state and local authorities.
A U.S. Department of Homeland Security spokeswoman told WW earlier Thursday that the Border Patrol officer shot “defensively” after a driver “weaponized his vehicle and attempted to run over the law enforcement agents.” The department asserted the driver was a member of the Venezuelan gang Tren de Aragua who was suspected in a prostitution ring and a recent Portland shooting.
But it has yet to offer evidence for those assertions. And many officials were unwilling to immediately trust the story told by an agency that in recent months has routinely issued misleading statements about violent incidents involving its agents.
“We have been clear about our concerns with excessive use of force by federal agents in Portland and nationally,” Rayfield said in a statement. “Today’s incident only heightens the need for transparency and accountability. Our office will take every step necessary to ensure that the rights and security of Oregonians are protected.”
As the AG’s office noted, the investigation follows a November letter sent by Rayfield and Portland-area prosecutors that raised urgent concerns about “a pattern of excessive force by federal officers operating in Oregon.”
At a press conference alongside Portland city officials on Thursday night, Gov. Tina Kotek decried the actions of federal officers sent to the state by President Donald Trump to make immigration arrests.
“We are standing here today united as a state, wanting peace and safety in our communities. We’re all shaken and outraged by another terrible and unnecessary violent event,” Kotek said. “One thing is very clear: When a president endorses tearing families apart and attempts to govern through fear and hate, you foster an environment of lawlessness and recklessness.”
The top Republican challenger for the governor’s mansion, state Sen. Christine Drazan (R-Canby), sounded a different note in a Thursday night statement.
“I am disappointed, but not surprised, to see our state’s politicians rush to judgment and treat dangerous criminals like victims,” she said. “I want law enforcement to arrest transnational Tren de Aragua gang members and take them off our streets, end human trafficking, and make our communities safer.” She added that she would wait to see the results of an investigation—though she didn’t say whose.
Facts on the ground were sparse Thursday night. Portland Police Chief Bob Day said he had spoken by phone with the assistant special agent in charge of the FBI’s investigation. Asked by a reporter whether he expected the FBI to keep him apprised, Day said he wasn’t sure.
“This is uncharted territory for us,” he said. “Frankly, there’s a lot of competing interests in this area. There’s also a lot of cooks in the kitchen here with a lot of strong opinions.”
