News Release from: Washington Co. Sheriff's Office
DISTRICT ATTORNEY'S FINDINGS IN JUNE 3RD 2012 DEPUTY INVOLVED SHOOTING.
Posted: October 19th, 2012 3:11 PM
Re: Officer lnvolved Shooting - (HBS 12-508359; TUP 12-291585)
Deceased: Robert Kimball Fox, DOB 12-18-59
Dear Sheriff Garrett:
On June 3,2012 at approximately 3:27 p.m. WCSO Deputy Brian Mcleod fired a single
round from his department issued AR-15 rifle striking Robert Fox in the chest. Mr. Fox
died at the scene. I have completed my review of the investigation and conclude that
Dep. Mcleod was legally justified under Oregon criminal laws in his use of deadly
physical force as explained below. This matter will not be presented to a Washington
County grand jury for consideration of criminal charges. A brief accounting of the
investigation is necessary to understanding my decision.
Tualatin Police Detective Kevin Winfield led the investigation by the Washington County
Major Crimes Team. Robert Fox's wife, Zelta Fox, was interviewed. Zelta Fox stated
that on June 3, 2012 she discovered that her husband was intoxicated. Zelta Fox
reported that her husband had a long history of alcohol abuse (going back 26 years)
and of making statements when intoxicated about'Just wanting to die." On this
occasion, at the request of Zelta Fox, Robert Fox registered either .12Yo or .14o/o BAC
(Zelta Fox reported .12o/o BAC in one interview, but .14o/o BAC in a subsequent
interview) on a handheld breathalyzer shortly after 3:00 p.m. (Note: Zelta's
request/concern stemmed from a 2006 incident when Robert needed medical transport
to an area hospital with a .40% BAC.) lt should be further noted that the medical
examiner ultimately concluded that Robert Fox's blood alcohol content was .23o/o at the
time of his death.
During this time Robert Fox became belligerent and would not cooperate with Zelta.
She reported that Robert's behavior was different than in past instances when he was
intoxicated. Robert began making suicidal statements and was more aggressive than in
the past. Zelta began calling her adult daughter and one of their three adult sons for
assistance in calming Robert. Robert spoke briefly with his daughter on the phone and
was overheard saying, "l just want to die. I want to kill myself." Robert's daughter was
interviewed and she reported that her father spoke with 'resolve' in his voice when
stating he wanted to kill himself, and she (the daughter) believed that her father had
made the decision to commit suicide.
While Robert Fox spoke with his daughter, Zelta Fox moved some of Robert's firearms
and hid them in the garage. She was unable to locate a handgun and a rifle however.
At 3:15 p.m. Zella Fox called 911 and reported that her husband was drunk and
threatening to kill himself. The call lasts over 5 minutes and documents Robert's
continuing belligerence as he is heard retrieving a rifle (from the bedroom closet),
loading the rifle asZelta pleads with him to stop, and eventually cutting Zelta's hand as
he forcefully yanks the barrel and front sight through her clenched hands. At that point
Zella retreats to the relative safety of a neighbor's house while still on the phone with
the 911 dispatcher.
Police arrived on scene and positioned themselves both to the north and south of the
Fox residence. At 3:27 p.m. Robert Fox exited his home with a rifle in hand. Deputies
on scene, including Deputy Mcleod, repeatedly ordered Mr. Fox to drop the rifle or to
place the rifle on the ground. These commands were heard by multiple neighbors.
Three times Mr. Fox appeared to comply by lowering the rifle toward the ground, but
each time he stood back upright still holding the rifle. The first two times Mr. Fox held
the rifle in a non-firing position as he looked directly at both groups of deputies (those to
the north and those to the south). On the third occasion Mr. Fox moved the rifle into a
firing position aimed toward the deputies to the north. Deputy Mcleod fired once killing
Mr. Fox.
Robert Fox's actions immediately prior to being shot, and Deputy Mcleod's shooting of
Robert Fox, were confirmed by the account of a neighbor who watched the entire
incident from an open, upstairs window with an unobstructed view. Many other
neighbors agreed that Robert Fox ignored repeated demands to drop his rifle. Mr. Fox's
rifle was found cocked and loaded with ten rounds.
ORS 161.219 defines the limitations on the use of deadly physical force in defense of a
person as follows " ...a person is not justified in using deadly physical force upon
another person unless the person reasonably believes that the other person is: 1)
Committing or attempting to commit a felony involving the use or threatened imminent
use of physical force against a person, or 2) Committing or attempting to commit a
burglary in a dwelling; or 3) Using or about to use unlawful deadly physical force against
a person."
It is abundantly clear from the investigation that Deputy Mcleod acted under the
reasonable belief that Mr. Fox was "using or about to use unlawful deadly physical
force" against the responding deputies to provoke a deadly response from the deputies.
Therefoie, Deputy Mcleod was legally justified under Oregon criminal law in his use of
deadly physicalforce in this matter.
Because there is no evidence of criminal wrongdoing by Deputy Mcleod, this matter will
not be presented to a Washington County grand jury.
This letter concludes my review of this unfortunate matter. All investigative reports will
be available to the public and media under Oregon public records laws.
Sincerely,
Roger M. Hanlon
Chief Deputy District Attorney
Washington County
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