PORTLAND, Ore. — The family of a 24-year-old man shot and killed by officers in 2022 has filed a wrongful death lawsuit against Clackamas County, claiming disturbing events they said happened in the hours after he was shot.
Derrick Clark's family filed the lawsuit against the county and several officers back in December. The complaint, amended on Thursday, contends that what happened after Clark was shot should be reviewed and his family should be awarded damages.
Clark was shot and killed by officers on June 18, 2022. Clackamas County Sheriff's Detective Daniel Ferguson and Oregon State Police trooper Zachary Cole suspected Clark was under the influence of intoxicants, and they tried to pull him over.
Police body worn camera shows Clark's maroon Pontiac stopping in a ditch just before one in the morning. An officer tells Clark to put his hands up; then, Clark runs from the car, holding a gun. That's when officers open fire.
Clark was shot and laid on the ground near railroad tracks.
The lawsuit accuses officers of failing to give Clark any aid as he laid on the ground after being shot. Then, lawyers accused officers of throwing an explosive device near Clark's body around 2:30 in the morning. The documents include drone photos from the scene.
A few minutes later, after Clark continues to remain motionless, the complaint claims officers can be heard on body-worn camera laughing saying “he dead” … “a warm dead deer.”
Then, around 2:50 a.m., an officer releases a dog and watches the dog bite Clark's body, the complaint states. A graphic photo included shows gouges in Clark's torso. KGW is not publishing that photo due to its graphic nature.
"We were lied to in almost every aspect of what happened on June 18, 2022. Every time we realized we were misled was like losing Derrick all over again," Carrie Miles, Clark's aunt, said through the family attorney. "We are angry that the Department of Justice did not thoroughly present facts to the grand jury.”
Clackamas County did not respond to KGW's request for comment.
The family's lawyer tells KGW they're seeking a civil jury trial to "hold the officers and the County accountable for the allegations in the amended complaint."
Evidence was presented to a grand jury a few months after the shooting, and both officers were cleared of any criminal charges.