PORTLAND, Ore. — This week, the son of Robert Delgado filed a wrongful death lawsuit in federal court against the city of Portland and the Portland police officer who shot and killed his father in Lents Park two years ago.
In September 2021, a grand jury found there was insufficient evidence to charge the officer with a criminal offense in the shooting.
Skyler Delgado, Robert Delgado's son, has now asked the court to award damages for the loss of his father, claiming unlawful use of force by the officer, and unlawful pattern and practice by the city. Robert Delgado's family said he was homeless and lived in the park, and struggled with mental illness.
On April 16, 2021, Portland police received a report of a man with what appeared to be a gun in Lents Park. The man was later identified as 46-year-old Robert Delgado. A caller told operators on the non-emergency line he saw someone doing "quick draws" with it, but was not pointing it at anyone.
As shown in a video recorded by a witness, Portland police officers stood behind trees and ordered Robert Delgado to put his hands up or get on the ground. Robert Delgado became agitated and started to yell. He reached down to grab something from his tent and began to stand, when officer Zachary DeLong fired two shots from his rifle and killed Robert Delgado.
Investigators later found a "replica pistol" that had been in Robert Delgado's possession.
In a 16-page civil rights lawsuit filed in federal court, Robert Delgado's son alleges the officer who shot and killed his father paid no mind to the signs and symptoms of mental illness, nor did he follow police protocols.
Skyler Delgado and his attorneys claim there were "available alternatives" for the Portland police officer, and yet, "he used none." As written in the lawsuit, he instead "aggressively approached" his father "with a rifle shouting commands and threats."
The city of Portland is also named in the lawsuit. Plaintiffs argue this case, and the actions of the officer "speak to a long history... of police officers ignoring their training, ignoring their directives, and facing no consequences."
KGW reached out to the city of Portland for comment, but they declined and a spokesperson explained they do not comment on pending litigation.