The widow of a northeast Portland man who was shot to death by members of a Scappoose-area family said she is considering legal action against the family and Wheeler County officials who spearheaded the shooting investigation.
Jackie Means, the widow of Howard Frank Means, said she has met with an attorney to discuss the possibility of filing a civil suit against Wheeler County for a “botched” investigation.
Jackie said she is also discussing the possibility of filing a civil suit against members of the Havlik family who shot her husband. Last week, a Wheeler County grand jury chose not to indict the Havliks on charges for the shooting.
“My husband never got to tell his side of the story,” Jackie said, adding that she and her family have been devastated by the month-long chain of events and the grand jury’s decision.
“We’re all on the same page. We’re devastated,” she said.
While a press release identified some of the Havlik members as hailing from the Hillsboro area, the Havlik family has long-established roots in the Scappoose area.
The Havlik members who were involved in the shooting incident include Gary Havlik, 63, Russell Havlik, 33, Daron Havlik, 30, and Russell’s 11-year-old son.
A press release issued by Wheeler County District Attorney Daniel Ousley on Friday, Nov. 6, reported that the grand jury had determined Daron and Russell Havlik had shot Frank Means as an act of self defense and in defense of another person.
On the evening of Oct. 7, the Havlik family members were searching for a wounded deer shot by another hunting party and that was seen in the area of the Priest Hole camp area along a remote stretch of the John Day River.
The Havliks entered an area where Frank had camped, and Gary approached two hunters of another party to inquire about the wounded deer.
At this point, according to the press release, Frank appeared and accused Gary of attempting to steal the mule deer he had shot earlier in the day.
The two independent witnesses testified that Frank produced a 9-millimeter handgun from the back of his belt and pointed it at very close range at Gary. The witnesses also said Gary had never made a claim for Frank’s deer.
Gary pleaded with Frank to lower the handgun, and had laid his hunting rifle on the ground, according to the release.
After hearing their father's pleas, Daron and Russell Havlik and the juvenile boy appeared from a bushy area and asked Frank to remove the handgun from their father’s stomach.
Frank continued to claim the Havliks were attempting to steal his deer, according to the release. Witness accounts indicated that Frank was angry and “very intoxicated,” the release says.
An Oregon Medical Examiner report indicated Means’ blood alcohol level was .24 percent at the time of his death.
The release says that Daron, fearing for his father's life, attempted to shoot the handgun out of Frank’s hand using a .357 handgun, subsequently injuring Frank’s hand and damaging his firearm.
Frank attempted to shoot back, clipping Daron’s shirt with a round but causing no injury.
At that point, according to the release, Daron returned fire, striking Frank. Russell, who was standing next to his son, also fired at least one round from a .30-06 bolt-action hunting rifle into Frank.
Frank died at the scene.
The Friday announcement laid to rest some questions that had been circulated following the early October shooting, including those about the identify of the Scappoose family and the rationale for why there had been no arrest in the case.
Gary and Daron Havlik did not return messages left by the Spotlight, and Ousley was not available for comment.
Jackie said she is not satisfied with the grand jury's outcome, adding that she learned of it on Thursday night, Nov. 5.
In particular, Jackie points to the Wheeler County Sheriff's Office decision to break down the crime scene in the dark at 1 a.m. following the day of the shooting, and the agency's initial decline of Oregon State Police assistance.
She said she has sympathy for the Russell Havlik’s 11-year-old son who witnessed the shooting.
“I feel bad for that 11-year-old kid, but I feel someone needs to be in jail today," she said.