Lane County DA says officers lawful in killing man during daycare hostage standoff

Lane County District Attorney Patricia Perlow said Friday two Lane County deputies were lawful in shooting and killing a man during an hourslong standoff and hostage situation at a home daycare south of Springfield in September.

The deputies who shot Robert Harris were identified after the incident as Arik Schenfeld and Lukas Thomas. Schenfeld has been a deputy since 1999, and Thomas since 2017. Both are members of the department's SWAT team.

In her summary of events released Friday, Perlow said Harris held his partner hostage in the basement, holding a handgun to her head and repeatedly threatening to kill her. According to Perlow, the layout of the basement made it so the two could not be seen or reached without putting the victim or officers in danger.

"The victim did not believe she was leaving that space alive," Perlow said in an email to The Register-Guard. "The law enforcement officers who responded did everything they could to make sure she did get out alive."

Perlow wrote she believed deadly force was necessary due to Harris walling himself off with the victim as a shield with no direct line of sight or safe access. Negotiations were unsuccessful, and the less-lethal and non-lethal weapons were not a choice, Perlow wrote.

Reports of what happened

A little before 4 p.m. Sept. 12, the Lane County Sheriff's Office received a 911 call from the 11-year-old son of the hostage, who said his mother was being assaulted by Harris.

The woman reported Harris had come to the house intoxicated.

Harris became angry with the woman after she found him drinking in the basement. The woman said he threw her onto a bed by grabbing her hair. Harris hit her with the pistol, and put the gun in her mouth and threatened to kill her, the woman reported. He also fired his gun in the house prior to the standoff, but not at her, the woman said.

The boy told police there were six other children at the daycare run by his mom, ages 4 and under and some babies who were asleep, Perlow said. Deputies arrived and evacuated the children.

When officers made initial contact, the woman told deputies "he's got a gun," and Harris allegedly said he had a gun to her neck with the trigger partially pressed.

Schenfeld was staged at the door to the area Harris and the woman were in, and the deputy was crouching behind a ballistic shield, Perlow said. The deputy said he could see the woman's lower body trembling, hear her crying and asking to take the gun away from her head, according to Perlow.

The spot was difficult for law enforcement to enter safely because Harris was surrounded by concrete walls on three sides in an alcove and the hostage was being held in front of Harris, Perlow said, saying she had reviewed police statements and body camera footage.

Schenfeld later went outside and found a vent where he had a better view of the scene, Perlow said.

During negotiations, Harris repeatedly demanded officers give him a beer, Perlow said.

Shots fired

At a point when Harris did not have the gun pointed at the woman's vital organs, Schenfeld fired his AR-10 rifle twice while aiming at Harris's upper torso, Perlow wrote.

Thomas, who was staged at the door to the area with Harris, entered the room with a ballistics shield after hearing three shots, Perlow said.

Thomas fell upon entering due to uneven flooring, but said he could see the woman had been shot as well. Harris was down, but Thomas could see him raising his head and arm, Perlow said.

Thomas then fired three rounds of his .45 caliber pistol. Perlow alleged Thomas was also at risk of being shot by Harris because he was no longer behind a shield.

Harris was pronounced dead at the scene, and the deputies helped move the female hostage to medical care outside, Perlow said.

A 9 mm handgun was found near Harris' body, and live rounds were found on the ground of the other basement room, Perlow said.

Based on the scene evidence and the victim's injuries, Perlow said, she believes Harris fired the round that hit the hostage in the upper right leg. The victim also reported that it was Harris who shot her, Perlow said.

Harris was shot in the torso, neck, face and hand, Perlow said. Only one bullet was recovered from Harris' body, out of his hand, and Perlow said the other bullets shattered into fragments because they hit concrete.

Perlow said Schenfeld and Thomas shooting Harris was lawful for protecting another person's life.

Perlow said Thomas had run into the room and saw Harris holding the gun raised while on his back, and that he fired to get rid of the threat.

During the investigation, officers' body-worn cameras were uploaded and locked down, and all witnesses were interviewed including the hostage, her son, officers and neighbors, Perlow said.

Contact reporter Louis Krauss at lkrauss@registerguard.com, call 541-521-2498 or follow on Twitter @louiskraussnews.

This article originally appeared on Register-Guard: District Attorney rules officers 'lawful' in shooting Robert Harris