A 45-year-old Eagle Point man who was shot five times after pointing a gun at a sheriff's deputy during a February stand-off remains hospitalized at Rogue Valley Medical Center, authorities said.

(See correction note below)
A 45-year-old Eagle Point man who was shot five times after pointing a gun at a sheriff's deputy during a February stand-off remains hospitalized at Rogue Valley Medical Center, authorities said.

Dan Waggoner's condition has improved from critical to fair since the Feb. 24 shooting, a hospital representative said. Fair condition generally denotes a patient's vital signs are stable, but the patient is not ambulatory or fit for release, the spokesperson said.

Doctors will determine when Waggoner can safely be transported and is stable enough to be housed at the Jackson County Jail, where he will be lodged on an attempted aggravated murder charge, said Chief Deputy District Attorney Beth Heckert.

"A doctor or the hospital has to declare him fit for confinement," said Heckert, adding the county jail is not set up to care for inmates who need serious medical care.

A Jackson County grand jury in March deliberated less than 15 minutes before indicting Waggoner. The jury also determined the deputy, Eric Henderson, was "fully justified and in compliance with Oregon law" in the shooting after Waggoner pointed a loaded weapon at the deputy.

Waggoner also faces charges of attempted first-degree assault with a firearm, unlawful use of a weapon, pointing a firearm at another and interfering with a peace officer, according to Jackson County District Attorney Mark Huddleston.

If convicted of attempted aggravated murder, a Measure 11 crime, Waggoner faces a mandatory 10 years in prison.

Deputies responded to Waggoner's home in the 1100 block of Dahlia Terrace in Eagle Point on a rainy Sunday afternoon after receiving a 9-1-1 call from Amy Brown, the mother of three of Waggoner's children. Waggoner had loaded firearms in the home, had fired a shot and was threatening suicide, Brown said.

Testimony presented to the grand jury indicated that only Waggoner was in the home at the time the shot was fired, and it was not directed at a person.

During the standoff, Deputy Jennifer Anderson attempted to negotiate with Waggoner, but was unable to establish contact with him. A sergeant with the sheriff's office was able to reach Waggoner by phone, but Waggoner hung up when the officer identified himself.

Waggoner fired a shot from his front porch when the SWAT team moved its vehicle up the driveway in order to establish a perimeter. After firing, Waggoner went behind the home and encountered Henderson, who was one of several officers who had circled around to the back.

Henderson ordered Waggoner to drop the gun. But Waggoner instead turned toward Henderson and pointed a .45-caliber semi-automatic handgun at him. Henderson fired nine shots, five of which struck Waggoner.

An examination of Waggoner's gun showed the weapon was loaded with one round in the firing chamber and seven in the magazine, according to Huddleston. The gun's hammer was cocked back in the firing position, he said.

The grand jury heard from 14 witnesses, including Henderson and six other officers who responded to the scene. Also testifying were Brown, Ruth McCall, the mother of one of Waggoner's children, neighbor Clement Brunelle and Oregon State Police Detective Sgt. Jason Westfall, who is a police use-of-force trainer.

Brown and McCall could not immediately be reached for comment. Brown has said she regrets calling 9-1-1 for help during the domestic crisis. She also has said Waggoner still has a bullet lodged near his spine and is paralyzed.

Reach reporter Sanne Specht at 776-4497 or e-mail sspecht@mailtribune.com.

Correction: The headline with the original version of this story made an inaccurate reference to Waggoner's charge. This version has been corrected.