DA: Trooper justified in Wolf Creek fatal shooting
Josephine County District Attorney Ryan Mulkins has concluded that a state trooper was justified when he shot a man in Wolf Creek who was wanted for attempted murder.
Jacy Kevin McManus, 35, died after the shooting at the Wolf Creek General Store.
The Josephine County Major Crimes Response team handled the investigation.
A press release from Mulkins released this week describes a heated struggle between McManus and Trooper Thomas Erhard of the Oregon State Police after the trooper tried to arrest McManus at the store April 24.
Use of a Taser had no effect, nor did pepper spray, and Erhard shot McManus after McManus pulled a tire punch with a 3-inch blade out of his pocket, the release said.
McManus was shot twice, one of them through the arm and into his torso, and the other traveling through his clothing only. He died at the scene.
Before the physical struggle, Erhard had arrived at the store with Trooper Tanya Henderson after an anonymous phone tip about McManus, who was wanted on a warrant for attempted murder.
Mulkins said McManus tried to run away and Erhard forced him to the floor in the store's office area. He was unable to subdue McManus and stood up to use the Taser, which had no effect on McManus because of thick clothing.
Henderson was outside the store in case McManus fled out the back door.
Mulkins wrote that under Oregon law, the use of deadly physical force is justified when a person reasonably believes that deadly physical force is being, or is about to be, used against the person.
State troopers had been on the lookout for McManus since April 6, when McManus was accused of shooting 55-year-old Conal Moran in the chest with a 30-30 rifle, seriously injuring Moran.
Court records show McManus had been convicted of five felonies in the past decade in Douglas County, including assault twice, as well as meth possession, criminal mischief, and felon in possession of a restricted weapon.
He was sentenced to 46 months in prison in 2006 and another 15 months in 2012.
It was the fifth officer-involved fatal shooting in Josephine County since 2014. The first four, two involving Grants Pass police and two involving OSP, also were ruled justified following investigations.
— Reach reporter Jeff Duewel at 541-474-3720 or firstname.lastname@example.org