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A D V E R T I S E M E N T
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A Columbia County grand jury, after interviewing McGuire, Vogel and state police trooper Justin Oxenrider, indicted Gift on much more serious charges.
Gift was unaware of the changes until the Spotlight asked him about them Friday morning. He lifted the paper that was handed to him and read the indictment out loud, slowly. He couldn’t believe what he was reading: two counts of attempted murder, two counts of attempted assault in the first degree and criminal mischief in the first degree.
He read the attempted murder charge out loud again.
“My guess is they can do anything they want,” he said sternly. “I was sitting in my pickup. I was doing nothing when they drove up.
“They tackled me, they beat the s--- out of me, they tased me. The thing of it is, I got no witnesses.”
A Spotlight request to the Oregon State Police for the dashboard camera recording of the incident is still pending. Dickerson said his office does not have cameras in their patrol cars.
Because Gift has not yet been arraigned and the case is technically still under investigation, the police report was not made available by the Oregon State Police, the Sheriff’s Office or Columbia County District Attorney Stephen Atchison.
However, Dickerson was able to answer some questions and give a summary of the report’s contents.
“We don’t know he’s a stroke victim, we don’t know what his demeanor is,” said Dickerson. “We just see a
person who is out of control, who has tried to hurt somebody.”
One question stands above many others. Is it acceptable to use the high-powered Taser weapon – dubbed a “less-lethal” tool by law enforcement agencies – on an elderly man?
It depends on the situation, Dickerson said, but in certain cases, yes.
If someone is ready to fight and won’t back down, it may cause them more injury to be taken on directly with brute force. A Taser, while still temporarily shutting down the body’s ability to fight, will likely not cause any lasting physical harm. And the officer, especially, will remain out of danger, he said.
Tasers are manufactured by Taser International and use electrical currents to disrupt voluntary control of muscles.
In order to be qualified to carry one, both the Sheriff’s Office and the OSP require a basic training course for officers.
But the American Civil Liberties Union of Oregon feels differently about Tasers.
“This is not a simple issue – they rarely are – but when it comes to Tasers we come at it from the standpoint that Tasers can cause unintended deaths,” said ACLU of Oregon executive director David Fidanque.
Fidanque said there have been at least 350 incidents in the U.S. where people have died after being tasered. Amnesty International even considers Tasers to be a form of torture, he added.
“A police officer usually has no way of knowing whether the person they are shooting a Taser at has a history of heart conditions or some other condition that may make it more likely that they would die,” he said.
Tasers, as far as being an everyday enforcement tool, are relatively new to the county. Local law enforcement agencies report that the weapons are only used a handful of times a year.
The threat of being shocked by one is often enough to stop someone in their tracks, said OSP Sgt. Larry Lucas.
“I think it’s a very valuable tool,” he said. “On a force continuum, it’s below an impact weapon. If we can gain compliance at a lower force level, of course we would like to do that.”
“We think it’s inhumane and dangerous,” Fidanque countered.
Gift is set to be arraigned next week and plans to plead ‘not guilty.’ But the life-long Scappoose resident doesn’t have high hopes. With no witnesses, a police force that he distrusts and not enough money to hire his own attorney, he is unsure about how the trial will go.
And he still has those lingering questions about why anyone would believe he would want to kill his son-in-law. And how everything changed so quickly.
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He said that he had no witnesses. Sadly in most situations the police are always right even if their wrong. Even if you have proof, they will seldom ever admit their errors. To bad we have lost the neighborhood policeman that most of us grew up with, would be nice not to have to worry about being beat down by our 'new and improved' military-style state police.
Don't get me wrong, I don't have a problem with police officers, just the violence that seems to follow them. I recently got in a rather heated arguement with St. Helens officer Graham,(if memory is correct) in the exchange I yelled at him about my opinion of the code inforcement person. We got things sorted out and that was that. I wonder if things would be different if he had been a state policeman. Would I have been tased for raising my voice at a cop?
Thankfully Officer Graham is a St. Helens cop, one how treats people with respect, and not a 'soldier' for the state police. Maybe they should use their heads more than their trigger finger, Ohh, the 70 some year old man that was tased, how many weapons did he have?
(email verified)
Wed, Nov 18, 2009 at 11:57 PM
Gift said he simply followed his son in law to try and patch things up after a heated argument, but went nuts only when an off duty officer got in his way? That does not pass the smell test. The off duty officer probably prevented a road rage incident that would endanger the public.
I wonder where all of these officers and deputies came from when the poor sheriff's office can only put a couple of deputies on the road these days.
Gift admits his recollection of the events isn't all that clear, but of course in the "minds" of some, the cops are at fault for doing their jobs. Those cops sure do spoil our fun sometimes, don't they?
(email verified)
Thu, Nov 19, 2009 at 08:09 AM
How did the son-in-law not witness this if he was standing outside of his vehicle?? And surely if one vehicle hit another wouldn't you think the police would have some proof/pictures of the collision?
(email verified)
Thu, Nov 19, 2009 at 11:55 AM
We might as well just fire all the police and let the Hell's Angels enforce the law. I see in the Oregonian that cops will use "delirium" as a defense from now on when someone is savagely beaten up, tased repeatedly or killed by them. Not the cops' delirium, but the victim's.
(email verified)
Thu, Nov 19, 2009 at 11:57 AM
Well, George Humphreys, perhaps you need to actually READ the article. The State Police were not the ones who tased Mr. Gift, so your arguments are without merit and therefore your entire perspective is suspect.
As for the ACLU, why doesn't the Oregon representative allow himself to be struck with an impact weapon and then tased and THEN determine which one he should be supporting and which one he should be against. Once again, the ACLU proves their ignorance.
(email verified)
Thu, Nov 19, 2009 at 06:35 PM
Who indicted the "victim" of this supposed police abuse for attempted murder. How many morons will jump to conclusions at the word of the accused, who obviously has a reason to defend himself.
Somehow, a grand jury made up of his peers believes there is enough here to indict the man. If you read the story carefully, you see the grand jury actually charged him with worse crimes than did the cops.
Get a grip people. Be thankful we have cops who are willing to put themselves in harm's way and take the risks to their own safety (and reputations among some knee jerk reactionaries) to enforce the law and keep the peace in our community
(email verified)
Thu, Nov 19, 2009 at 07:48 PM
These officers are members of our community as much as the accused, as much as the victim in this matter.
The accused is assumed to be innocent until he is proven guilty in court. But the police are often convicted in the court of public opinion because of a predisposition toward demonization by certain segments of our society.
These people would just as soon see no one put in jail, no one being arrested or convicted or punished for their crimes.
I don't know if Mr. Gift is guilty, because I wasn't there. Neither were any of the people who hate the officers for doing their jobs. All we know is that poor Mr. Gift has "no witnesses." I will say one thing: If you are guilty of a crime, how could you have any witnesses who could truthfully offer in your favor?
I don't hear the police saying they have no witnesses. Several people testified to the grand jury, if you read the article. Afterward, they conferred charges against the accused.
You can't blame the police for that.
(email verified)
Thu, Nov 19, 2009 at 08:11 PM
For those of you who never question authority, I feel sorry for your grandchildren.
(email verified)
Thu, Nov 19, 2009 at 11:53 PM
"It's clear that our technology has surpassed our humanity". Shame on the officer that tased Mr. Gift!
(email verified)
Fri, Nov 20, 2009 at 06:27 AM
There's a difference between "questioning authority" and undermining the good work of our public safety folks solely on the word of someone who has been indicted for attempted murder, Mr. Weston.
And Valerie, it was "technology" that helped the cops stop short of beating him with a stick or engaging him in a fistfight. What would you have them do, go away and ignore the alleged crime all because Mr. Gift refused to play?
(email verified)
Fri, Nov 20, 2009 at 08:19 AM
I have really tried hard to just leave this alone....
For the clueless that live in Portland: This is Columbia County...with usually ONE Deputy on patrol in the afternoon/evening, maybe 2 if no one is sick or on vacation. That Deputy is backed up MAYBE by 1-2 State Troopers in the entire county...and maybe, MAYBE if they are in south county, a Scappoose Officer.
As for those rushing to judgement and bashing the officers.... Members of law enforcement around these parts know Mark and the entire Gift family and not only respect them but are friends with them....to believe the implication that the only cops on duty in South County decided to go beat up a 71 year old person they actually know and respect on a whim is just plain stupid and shame on anyone for even considering that.
Mark Sr.'s actions were enough to alarm a long time family friend in the form of an off duty Trooper mentioned above who was trying (probably very hard) to mind his own business. Mark decided he wasn't going to jail the easy way and he chose the hard way. That is not an easy thing to deal with when pretty much everyone involved knows each other.
Mark Sr. needs help. Unfortunately, it appears that maybe the justice system will have to give him that help, to the embarrassment of all involved.
(email verified)
Fri, Nov 20, 2009 at 11:32 AM
all i can say is "DON'T TASE ME BRO".
(email verified)
Mon, Nov 23, 2009 at 07:30 AM
YIKES....YET AGAIN... another of Oregon's finest....lets see,,,,one cant control a 12 year old, another group of thug officers beats a man to death, and now this....taseing a 71 yr old...what the hell is going on....? oh...sorry they are police officers, above the mere mortal status of "average people".....
(email verified)
Mon, Nov 23, 2009 at 07:32 AM
YIKES....YET AGAIN... another of Oregon's finest....lets see,,,,one cant control a 12 year old, another group of thug officers beats a man to death, and now this....taseing a 71 yr old...what the hell is going on....? oh...sorry they are police officers, above the mere mortal status of "average people".....
(email verified)
Mon, Nov 23, 2009 at 07:32 AM
Klaatu, read the above comment about ONE cop on duty at a time out here. This isn't PPB. Mr. Gift isn't exactly crippled either. You've read nothing and paid attention to the little you did read and you don't know jack about Columbia County. STFU and stay in Portland.
(email verified)
Mon, Nov 23, 2009 at 09:14 AM
Age has nothing to do with being tased. If a person is being beligerent and wants to fight officers, or anybody else, then they are asking to be taken by force. The culprit here is said to have had a stroke, but that doesn't mean a thing to an officer who is trying to keep the peace and protect the citizenry. I don't know the facts, but following the SIL to patch things up, then running into his vehicle doesn't sound like a rational thing for a person to do regardless of age, size, or gender.
(email verified)
Mon, Nov 23, 2009 at 10:13 AM
I find Mr. Gift's version of events to be uncompelling. He has a witness. His son-in-law was there. I understand that Mr. McGuire had a disagreement with Mr. Gift, but if his story is consistent with the story from both officers, that version sounds more probable. Is this one of those cases like in Oklahoma where the State Police will acknowledge later that they actually do have a dashboard camera?
(email verified)
Mon, Nov 23, 2009 at 10:28 AM
I myself was involved with the police a few years ago and understand that yes when there is a police reoport that is written, the police officers in St.Helens do seem to "turn words around", or put "words in your mouth" that way it sounds better. I am not saying that it happens all the time, I am just saying that it does happen.
I also dont understand why, if the son in law was there, why has he not spoken about this.
I would have to agree with the fact of what someone had said above about the Oregon State trooper, or Coulumbia County Sherrifs officer would have had pictures or some type of proof that there was an accident. The last time I checked when there was an accident and emergency services were called THEY TOOK PICTURES.
Hopefully when Mr. Gift goes to court, the judge will take that into conseideration, and I wish Mr. Gift luck.
(email verified)
Mon, Nov 23, 2009 at 11:29 AM
has any one ever thought the grand jury might be taking there status a bit to much to there heads if i was on a grand jury id want proof of this so called action remember people do lie like the president for example
(email verified)
Mon, Nov 23, 2009 at 03:08 PM
I am an Oregonian by birth, having grown up in Vernonia and I am terrified to be around Scappoose or St Helens because of the "Taser first" ask questions later policies. These fine law enforcement officers were unwilling or unable to control an unarmed 70 year old? I don't believe it for a second. Being angry is not a crime unless your neighbor calls the cops on you and says you are out of control. This is a disgrace and everyone in the County should be ashamed. For the record, the District Attorney runs the grand Jury and they indicted him without him having a chance to represent himself. Shameful conduct by the DA's office as well as the cowardly sheriff deputy who tasered the 70 year old guy! Shame, shame, shame on you!!!!
(email verified)
Mon, Nov 23, 2009 at 05:10 PM
350 people died last year after being tasered. And millions more died after drinking water. The ACLU should go after water next, with their made up, irrelevant statistics. If you paranoid communists who post the same garbage on here all the time through your weed induced stupor really believed what you are saying, aren't you afraid the vast right wing conspiracy-police state machine is going to hunt you down next and taser you? The question is; if they did, would you notice?
(email verified)
Mon, Nov 23, 2009 at 09:30 PM
Its pretty amazing that people are making absolutely ridiculous judgments based off of an article in the local newspaper. The dumbest one yet is the one posted today at 5:10 PM. I know the Gift family and and the officers involved. Mark is NOT A FEEBLE OLD MAN. He's a good guy who is NOT well. Bashing the cops over this is totally out of line...I repeat: He is NOT a feeble old man.
"Being angry is not a crime unless your neighbor calls the cops on you and says you are out of control." Uhhhh.....who do you think called 911 there, skippy? The cow standing in Gift's pasture??
Wow, you're terrified of the Columbia County Sheriff...all one of them....considering there is normally only ONE on duty at any given time and he has no time to do anything but take hot calls. Wow. Scary. One cop. A regular police state....
(email verified)
Mon, Nov 23, 2009 at 10:42 PM
Until you have been in a situation where someone is stronger than you and you can't take them down the humane way, you guys need to shut up. Gift wasn't tased with prongs. He paints a story of being the poor crippled guy. He was out of control physically and mentally that night, deliberately ran his vehicle towards his son-in-law several times, and side swiped his car. The son-in-law had to jump out of the way more than once to save his life. How frightening for him. Gift is no saint here. This is not Portland. The cops here don't tase first and ask questions last. That is your stupid opinion tht all cops are the same. Portland is over paid, these guys are under paid. Shame on you all for jumping to conclusions just on what Gift said. You won't hear of all the evidence until the case is underway, and there is more evidence!! That would taint the case. Grow up!!!
(email verified)
Mon, Nov 23, 2009 at 10:55 PM
Portlanders have no idea what goes on out here: that has nothing to do with this issue. He tased a 70 yr old man....what is that you dont get about that....?
(email verified)
Mon, Nov 23, 2009 at 11:03 PM
Klaatu, seventy year olds can be violent, what don't YOU get about that?
Those who bemoan a lack of "evidence," need to remember, this is not a court of law. This is an on-line "news" site and chat room. You are only hearing part of the story and shooting your mouths off without knowing the facts, based on your ignorance and hatred of police.
(email verified)
Tue, Nov 24, 2009 at 08:07 AM
R. Lee: If a big strong cop cant handle an unarmed 70 yr old, he/she needs to do something else for a living....
(email verified)
Tue, Nov 24, 2009 at 09:23 AM
R. Lee: If a big strong cop cant handle an unarmed 70 yr old, he/she needs to do something else for a living....
"Klaatu"
If you don't know Mark Sr. you aren't qualifed to classify him as a crippled old man. He's far from it. He still drives a truck for a living, and is strong as an ox. And yes, he's probably stronger than any of those that arrested him.
Go bash PPB some more, at least they are an easier target.
(email verified)
Tue, Nov 24, 2009 at 06:09 PM
Klaatu, I do believe you are profiling senior citizens as weak, vulnerable, cripples. Shame on you. Police officers have been killed by folks a lot older than Gift. I'm afraid your ignorance is showing.
(email verified)
Wed, Nov 25, 2009 at 07:49 AM
http://www.news-medical.net/news/2009/01/19/45071.aspx
19. January 2009 02:20
An emergency medicine researcher at Wake Forest University Baptist Medical Center has just published the first large, independent study of injuries from conducted electrical weapon (CEW) or Taser use, finding that serious injuries occurred in fewer than 1 percent of 1,201 Taser uses by law enforcement officers.
The study, led by William P. Bozeman, M.D., of Wake Forest University School of Medicine, is now available online in the Annals of Emergency Medicine ("Safety and Injury Profile of Conducted Electrical Weapons Used By Law Enforcement Officers Against Criminal Suspects") and is scheduled to appear in a future print issue of the journal.
The findings represent a three-year review of 1,201 CEW uses at six law enforcement agencies across the United States . The study was funded by the National Institute of Justice.
"These weapons appear to be very safe, especially when compared to other options police have for subduing violent or combative suspects," Bozeman said. "That is not to say that injuries and deaths are impossible. Police and medical personnel need to be aware of the potential for serious injury and look for evidence that a person subdued by a Taser has been hurt."
The study reports that 99.75 percent of criminal suspects shocked by a CEW received no injuries or mild injuries only, such as scrapes and bruises. Of the 1,201 criminal suspects, 492 suffered mild injuries, mostly (83 percent) superficial puncture wounds from the Taser probes. Of the three subjects who sustained significant injuries, two suffered from head injuries related to falls; the third developed rhabdomyolysis, or a rapid breakdown of muscle tissue. Ninety-four percent of the suspects were male, and alcohol or intoxication was documented in almost half of the cases (49.5 percent).
A physician at each participating agency reviewed police and medical records after each CEW use. Injuries were identified and classified as mild, moderate or severe.
More than two-thirds of United States law enforcement agencies currently use CEWs. They are credited with decreasing police officer and suspect injuries and deaths due to police use of force. However, the devices have been surrounded with controversy.
"While injuries from Taser use are uncommon, they are not unheard of," Bozeman said. "Subjects exposed to a CEW discharge should be assessed for injuries, and appropriate medical evaluation should be provided when non-trivial injuries are apparent or suspected. Existing medical and/or psychiatric conditions in the suspect may also cause or contribute to the behavior that leads police to use a Taser or other physical force. These underlying conditions may require medical assessment and treatment, independent of Taser exposure."
Co-authors were J. Tripp Winslow, M.D., M.P.H., of Wake Forest University , William E. Hauda, M.D., of Inova Fairfax Hospital ( Va. ), Joseph J. Heck, D.O., of University Medical Center ( Nev. ), Derrel Graham, M.D., and Brian Martin, M.D., M.S., of Louisiana State University-Shreveport ( La. ).
(email verified)
Wed, Nov 25, 2009 at 08:15 AM
To "Get a life dopers" Where are all these people dying from drinking water...Ethiopia??
Are you even from Columbia Co?? I'm thinking not as you have no idea what the officers in this county are like. They back each other up...even if you no longer live or work in this town but at one time did. When you yourself get off the pot pipe and know what it is you are truely talking about, that is when you can say something.
I am truely sorry for Mr. Gift as I know he will not get a fair deal out of all of this. I have known Mr. Gift and his brother Steve for several years and I have never seen Mark get that angery at anyone to the point of hurting them...ever. I also know his son-in-law and I know he will do whatever it takes to cover his own butt. He is not the nicest nor the most trustworthy.
And lastly, to all who think tasers don't kill, please read below:
Nearly 200 people who have died in the last five years after being shot by a Taser stun gun.
Critics argue that TASERs as well as other high-voltage stun devices can cause cardiac arrhythmia in susceptible subjects, possibly leading to heart attack or death in minutes by ventricular fibrillation, which leads to cardiac arrest and, if not treated immediately, to sudden death,
(email verified)
Sat, Nov 28, 2009 at 12:14 PM
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Re: Tased and confused
This is crazy. Ive known Mark Gift for 40 years. He used to deliver logs to my dad. He is a great guy. The cops are totally out of control. Let's see-it's how many cops and one 71 yr old guy? This is a huge abuse of power. I thought Dickerson would be an improvement, but that was a joke. Use some common sense you bullies, and get this resolved for what it is.
"Julie"
(email verified)
Wed, Nov 18, 2009 at 09:15 PM