Deputy used excessive force when man with mental illness was killed, Oregon lawsuit says

A deputy used excessive force when he fatally shot a 35-year-old man with mental illness in 2022, according to a wrongful death lawsuit the man’s estate filed in Oregon on Jan. 1.

Nicholas Rodin, 35, was killed by Crook County Sheriff’s Office Deputy Steven Hatcher near Juniper Canyon just after 1:30 p.m. on Feb. 4, 2022, according to the lawsuit.

Hatcher used excessive force when he shot Rodin, who was unarmed and experiencing a “mental health episode” at the time, the lawsuit says. But Crook County District Attorney Kari Hathorn said in a news release on March 25, 2022, that Hatcher was justified in shooting Rodin because Hatcher believed Rodin had a weapon and posed a danger to Hatcher or others.

Crook County’s legal department did not respond to a request for comment from McClatchy News on Jan. 3.

Juniper Canyon is about 150 miles southeast of Portland.

The shooting

Rodin was walking on a street when Hatcher pulled up beside him in his sheriff’s vehicle and started to “stalk” him, the lawsuit says. He then got out of the vehicle with his gun drawn and ordered Rodin to the ground, the suit says.

Rodin, who was holding a cellphone in one hand a Pepsi bottle in the other, knelt on the ground with his hands visible, according to the lawsuit.

“Hatcher kept his handgun trained on Mr. Rodin instead of deescalating,” the lawsuit says.

Hatcher also screamed, “I’ll kill you, keep your hands where I can see them!” the lawsuit says.

Rodin was “visibly stressed out” and exhibiting behavior “consistent with someone experiencing a mental health crisis,” according to the lawsuit. Rodin had bipolar disorder and schizophrenia.

“After Mr. Hatcher escalated the situation by loudly and aggressively threatening to kill Mr. Rodin multiple times, Mr. Rodin became agitated,” the lawsuit says.

Rodin then stood up and began to slowly walk around Hatcher, the lawsuit says. At one point, he put his phone and Pepsi bottle in one hand, while the other hand went behind his back, according to the lawsuit.

It was at that point that Hatcher shot him twice, hitting him in the torso, according to the lawsuit. Rodin died on scene.

The Crook County District Attorney’s Office said Hatcher had reasonable cause to believe Rodin was reaching for a weapon and that Hatcher’s life was in danger, according to the news release issued in March 2022.

Rodin had called 911 at around 4:45 a.m. the day of the shooting and told the dispatcher he had a pistol and a knife, according to the release. He also had an active felony warrant issued by the Oregon State Board of Parole for second-degree assault with a dangerous weapon. The warrant included a note to law enforcement officers to “exercise caution with Mr. Rodin,” Hathorn says.

Hatcher knew this when he came across Rodin during a routine patrol at around 1:30 p.m., according to the release. Hatcher saw Rodin getting close to the driveway of a residence and worried he might harm someone, so he approached Rodin, who made “a quick movement” and appeared to reach toward his back pocket, the release says.

That is when Hatcher drew his gun and ordered Rodin to get on the ground, according to the district attorney’s office. Though Rodin complied with the initial command, he repeatedly disobeyed the deputy’s following commands, the release says.

At one point, he stood up, approached Hatcher and said, “I ain’t scared of you, dude. What’s up? Yeah, I want to die,” according to the release.

When Rodin reached behind his back, “Hatcher reasonably believed Mr. Rodin was reaching for a weapon and fired two shots,” the release says. A toxicology report later revealed that Rodin had a high level of methamphetamine in his system, according to the district attorney’s office.

Wrongful death lawsuit

The wrongful death lawsuit says Hatcher used an unreasonable amount of force against Rodin.

“Nothing prevented Mr. Hatcher from deescalating, using less lethal force, waiting for backup, or merely approaching Mr. Rodin and arresting Mr. Rodin,” the lawsuit says. “Mr. Hatcher was not prevented from attempting alternatives that did not involve killing Mr. Rodin.”

Hatcher unnecessarily pointed his gun at Rodin and threatened to kill him in “graphic, violent ways,” the lawsuit says. Hatcher caused Rodin “pain, discomfort (and) emotional distress” and deprived him of his constitutional right to be free from unreasonable searches and seizures, “including excessive force and physical brutality,” according to the lawsuit.

Crook County also failed to properly train its deputies to minimize potential harm to the public, the lawsuit says.

“Defendants’ negligent acts and omissions as alleged in this complaint led to a foreseeable and proximate consequence: a dead unarmed member of the public,” the lawsuit says .

The district attorney’s office said a police officer may use deadly force against another person when it is reasonable to believe that the person “poses an imminent threat of death or serious physical injury to the officer.”

As part of the wrongful death lawsuit, Rodin’s estate is requesting a jury trial and financial compensation for damages in an amount to be determined, the lawsuit says.

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