PORTLAND, Oregon — The city of Tigard will pay $3.8 million in a settlement agreement to the family of a man shot and killed by Tigard police early last year.
“We came to the conclusion that this killing was unjustified and we believe the terms of the settlement bear that out,” said Scott Levin, the attorney for Maria Macduff.
Maria Macduff’s son, 26-year-old Jacob Macduff, was shot and killed by Tigard police on January 6, 2021. Officers were called to his apartment late that afternoon to investigate a domestic disturbance. Loved ones said Macduff was having a psychotic episode, part of ongoing mental health struggles.
According to investigators, Macduff locked himself inside his truck as six officers surrounded it. About an hour-and-a-half later, an officer fired six less-lethal bean bag round at the truck’s windshield.
“There was actually confusion among officers about how this got initiated in the first place,” said Macduff’s attorney Dave Park.
Just seconds later, a different officer fired five gunshots into the truck, hitting and killing Macduff.
“[The officer] apparently assumed this was Jacob shooting [the bean bags] because he immediately began shooting Jacob,” Park said.
Those findings were part of a forensic reconstruction of events that Macduff's attorneys commissioned. They used evidence released after the Oregon Attorney General's Office and a grand jury found no evidence of criminal wrongdoing by the officers.
Initial police reports suggested Macduff had reached for a knife while in his truck, but attorneys for the family said physical evidence did not support that. They also had several other concerns.
“We never got an explanation for the impatience of these officers — and because this case is indefensible, it's settled,” said Park. “And hopefully the city of Tigard will take this opportunity to learn from this tragic mistake.”
As part of the settlement, the city of Tigard agreed to an independent audit of the officers' conduct which will be made public. Also, the Tigard Police Department is making several policy changes including implementing body cameras and increasing police training.
Following news of the settlement, Tigard Police Chief Kathy McAlpine shared this statement:
“First and foremost, to the Macduff family, I want to personally acknowledge that your son’s life was lost. I am also a mother and can’t begin to imagine what you have endured and continue to endure. I also recognize that in the thorough review of this case, from the Washington County District Attorney’s Office to the Oregon Attorney General’s Office and a grand jury convened at its request, that no evidence of criminal wrongdoing was ever found.
"That said, I want the community to know that this police department is committed to learning and growing from our experiences. We did our own thorough review of this case, and have made several updates to policies, procedures and training as a result.”
Park said Maria Macduff appreciated all of the elements in the settlement.
“She feels that she made a difference in pursuing this matter on behalf of Jacob and so she's pleased with that aspect of it,” said Park. “But it will never bring her son back.”