Grand jury rules police justified in fatally shooting man during stolen vehicle investigation
A grand jury has ruled a Salem Police officer was justified in shooting and killing a man after a stolen vehicle investigation escalated into a fight with two officers in a northeast Salem parking lot last week.
Police testified Tayler Osborne used a police taser on Corporal Joshua Buker and Officer Susan Slivkoff before Buker shot Osborne, 28, twice, according to a release from Marion County District Attorney officials. An autopsy on April 12 showed Osborne had been shot two times — once in the left shoulder and once in the chest.
Buker has nearly eight years of service with the police department; Slivkoff has five.
"The grand jury should be commended for their diligent and careful review of all the evidence," Marion County District Attorney Paige Clarkson said. "My heartfelt condolences go out to the family of Tayler Osborne. Nobody wants these outcomes.”
Stolen vehicle investigation leads to fight, shooting
Around 6 p.m. April 11, Buker and Slivkoff responded to a call of a stolen Mazda Miata in the parking lot behind Johnny’s Bar and Grill at 17th and Center streets in Salem, according to the Marion County District Attorney's office.
The caller told dispatchers the Miata belonged to his friend and two men were sitting inside it. The caller, who stayed on the phone with dispatchers, then reported the two men had gotten out of the Miata and were now in a blue Yukon, which was parked next to it.
When police officers arrived, they conducted a "high-risk" stop and ordered the two men out of the Yukon. Police also ordered the driver of the Yukon, Osborne, to exit the vehicle while they investigated the report of the stolen Miata.
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As police were checking the Yukon to make sure no other people were hiding inside, they noticed a large bag of a white crystal substance on the driver’s seat, which they suspected was methamphetamine. They also saw the barrel of a rifle tucked between the driver’s seat and the center console, as well as a barrel of a tan Glock pistol under the front passenger's seat. There was a matching-colored ammunition magazine on the rear floorboard, police said.
One of the men told police that Osborne dealt drugs out of his Yukon and that he had large amounts of methamphetamine and “oxycodone pills,” as well as a “Tiffany blue” colored 9 mm pistol hidden inside the vehicle. The man also told police Osborne had been smoking methamphetamine in the Yukon before police arrived.
Osborne said he didn't know about the bag containing suspected meth and allowed police to remove the bag from the driver’s seat. Osborne did not give consent to police to search the rest of the Yukon.
Osborne, a convicted felon, was arrested at the scene while the investigation of drugs and firearms continued. Officers said they were going to apply for a search warrant to search Osborne’s vehicle for any additional evidence of delivery and possession of meth charges, as well as felon in possession of a firearm.
Police handcuffed Osborne with his hands behind his back and placed him in the back of the Salem Police vehicle driven by Slivkoff. Police said Osborne complained of being thirsty and Slivkoff offered him a drink of water.
When Slivkoff opened the rear door of her patrol car to give him a drink she noticed he had slipped his handcuffs to the front. She brought Osborne out of the vehicle to re-handcuff him with his hands behind his back, district attorney officials said.
When Osborne's left hand was released from the handcuff, he pushed Slivkoff and ran toward his Yukon. Slivkoff, who still had a hold of Osborne’s right wrist, ordered him to stop as he dragged her to the other side of her vehicle, officials said.
Buker came to assist Slivkoff. Together, officers grabbed Osborne and the three of them fell to the ground, officials said. Officers gave Osborne repeated commands to stop resisting but said Osborne continued to fight.
Osborne punched Buker in the face causing two cuts and a black eye, officials said. Buker said Osborne grabbed his duty belt with his left hand in an effort to get Buker's gun. Buker was able to control Osborne’s left arm, but Osborne was able to use his right hand to grab Buker’s taser.
Osborne fired Buker’s taser twice — one of the taser probes hit Buker’s holster. When Osborne fired again, Buker and Slivkoff could feel the shock from the taser as their bodies made contact with the taser wires, attorney officials said.
Buker told jurors he believed Osborne would incapacitate him or Slivkoff with the taser, which would give Osborne access to one of the officers' firearms or allow him to escape to the Yukon where they believed he had more firearms. Buker said he believed Osborne posed an imminent, deadly threat to him, Slivkoff, and members of the public under the circumstances.
Buker took out his firearm and fired twice at Osborne from less than 3 feet away. Osborne dropped Buker’s taser and officers were able to back away from Osborne.
Slivkoff announced over the radio that police fired shots and other police officers arrived on scene. While waiting for additional officers, Osborne continued to try to get up from the ground as Buker and Slivkoff held him at gunpoint.
When backup officers arrived, police began providing Osborne first aid. He was rushed to Salem Hospital where he died.
An April 12 autopsy showered both gunshot wounds passed through Osborne’s left lung and were fatal. A toxicology test was not done because of the blood transfusions Osborne received at the hospital.
The Oregon State Police investigated the shooting and the Marion County District Attorney’s Office presented evidence to the Grand Jury. The Grand Jury heard the testimony of detectives from the Oregon State Police and the Marion County Sheriff’s Office, as well as three members of the Salem Police Department, including Slivkoff and Buker. Jurors reviewed dozens of exhibits, including pictures and security camera videos, and were given a demonstration of a taser and its effects.
“We are grateful for work done by the MCDA’s office and the jury panel of residents to review the facts and findings in this case. I am appreciative of their careful and thorough consideration and time to complete the grand jury proceedings,” Salem Police Chief Trevor Womack said in a statement Thursday morning.
Osborne described as a hard worker, helper
Robin Wengert, who knew Osborne for about a decade through his son, a close friend of Osborne's, described him as a helper and hard worker.
"He was always working his butt off," Wengert, of Salem, said.
Osborne worked multiple jobs to support his family, including two children, Wengert said. For a time, Osborne worked at automotive and tire shops. He also did carpentry work and other odd jobs, and helped his friends find work.
"There was always this sense of community and (helping) brothers out. That is one of the things I admired most about him," Wengert said.
Cars and carpentry were a part of Osborne's identity. Wengert said his son and Osborne found a "family" through a group of car-enthusiasts in the Salem area. The group of friends, who call themselves "team bucket," get together to work on cars and go to automotive events in the area, including car shows, and drift and track events.
"They enjoyed getting together and turning wrenches and fixing things and getting things running and taking pride in assembling something and being able to show it off," Wengert said.
Wengert said Osborne struggled with multiple health issues. Wengert, who said he has a certification in hypnotherapy, said he planned to help Osborne kick a smoking habit after Osborne reached out last September. In exchange, Osborne offered to help fix Wengert's car.
Wengert, who said he heard of Osborne's death through Facebook, wrote his own post: "Tayler Osborne, I, for one, will miss you…. You have my respect, regardless of the difficulties you faced, or the circumstances of your death."
Virginia Barreda is the breaking news and public safety reporter for the Statesman Journal. She can be reached at 503-399-6657 or at vbarreda@statesmanjournal.com. Follow her on Twitter at @vbarreda2.
This article originally appeared on Salem Statesman Journal: Salem police justified in deadly shooting, grand jury rules
