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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.
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Re: Scappoose hunters cleared in Wheeler County shooting
Fact: The deceased had access to guns.
Fact: The deceased had a high blood alcohol content.
That is a bad combination and it got him. While this is a sad tragedy, the deceased bears a good chunk of responsibility for the end result.
Given these undeniable facts, I think it is inappropriate for his survivors to attempt to become independently wealthy by suing everyone involved. The only people getting rich in that equation will be the lawyers.
"Guns & Alcohol don't mix"
(email verified)
Wed, Nov 11, 2009 at 12:55 PM