PORTLAND, Ore. – A Portland police officer who shot and killed a 17-year-old suspect in Northeast Portland earlier this year will not face criminal charges.
On Tuesday, a Multnomah County grand jury found Officer Andrew Hearst was justified in using deadly force when he shot and killed Quanice Derrick Hayes, who police believed was the suspect in a robbery and multiple burglaries.
Hayes' mother calls for federal investigation into shooting
Venus Hayes is calling on the federal government to investigate the shooting of her son. She says Portland Police and the district attorney's office misled her family.
Hayes said no one told her about her son’s death. She found out on Facebook.
“They misinformed us, and told us Quanice was shot three times in the chest. We later found out through the death certificate that, that wasn’t true," she said. "Quanice was on his knees when he was shot in the head and in the chest. I think that's important when anybody wants to say that he was the dangerous robber, which is irrelevant at this point, because he’s not here to stand up for himself."
“We would like to ask that the federal government step in and do a full scale investigation into the execution-style murder of my son,” said Hayes. She was joined by other family members, friends, and members of the group Don’t Shoot Portland when she made the announcement Wednesday morning. “On the morning of February 9, 2017, Quanice had the misfortune of having a bloodthirsty murder-minded officer Andrew Hearst arrive on the scene.
“He was a child, and he was born here in Portland, Oregon. He was an Oregon citizen his whole entire life. But most of all he was a kid.”
Shooting followed robbery, report of car prowler
The shooting happened in the 8300 block of Northeast Hancock Street on the morning of Feb. 9.
A desk clerk at the Portland Value Inn on 1707 NE 82nd Ave. said that the suspect, who police later identified as Hayes, robbed a man sleeping in his car at about 7 a.m. The victim told police that Hayes put a gun to his head and held him hostage for about 30 minutes, then stole his food stamp card and piece of clothing.
The victim described the suspect to police as a black man in his 20s, wearing a dark hoodie and jeans and armed with a desert camouflage, large caliber handgun.
In a prepared statement, the Portland Police Bureau provided its version of events.
At 7:26 a.m., police responded to a call about a car prowl at nearby Banfield Pet Hospital. The suspect description was consistent with that of Hayes.
Police said that an article of clothing found in the car at Banfield Pet Hospital was linked to the robbery victim at the Portland Value Inn.
Officers began searching the neighborhood and at 7:48 a.m. and spotted Hayes in a yard in the 8300 block of Northeast Tillamook Street. The homeowner had called police 10 minutes prior to report an unwanted person in the yard.
Hayes told officers he lived in the home, but he ran away as officers checked with the residents. Hayes left behind a small bag and other items scattered on the ground near the home, some of which were found to have come from the car prowl at the Banfield Pet Hospital, police said.
Officers continued to search for Hayes, and at about 9:21 a.m, they found him in an opening to an alcove between a garage and a home in the 8300 block of Northeast Hancock Street.
Officers ordered Hayes to crawl out of the alcove and keep his hands up. Hayes initially started to come out but then stopped and got upright on his knees. Police said he made repeated and deliberate motions with his hands toward his waistband and pockets. Because of information provided by the robbery victim, officers believed Hayes was armed.
While Hayes was reaching for his waistband, Hearst fired three shots hitting Hayes twice in the torso and once in the head. Hearst approached Hayes to take him into custody and provide medical aid, but medics pronounced Hayes dead at the scene.
Police found a desert-tan-colored handgun on the ground next to Hayes, along with the initial robbery victim’s food stamp card and property stolen from the home on Hancock Street. An examination of the replica gun by the Oregon State Police crime lab showed Hayes’ DNA on the gun.
Toxicology results of Hayes’ blood showed drugs in his system, including cocaine, benzodiazepine and hydrocodone.
The investigative reports and grand jury transcripts will be posted on the Portland Police Bureau's website when available.