You are on page 1of 3

District Attorney

Criminal

Beth Heckert
District Attorney

815 W. 10th
Medford, OR 97501
Phone: 541 608-2905
X Fax: 541 608-2982
heckerbe@jacksoncounty.org

TTY: (541) 774-8186


www.jacksoncounty.org

PRESS RELEASE
October 24, 2018
For Immediate Release

The Grand Jury met to consider the officer involved shooting that occurred in Eagle Point on September
19, 2018. Matthew Thayer Graves (5/23/85), was fatally shot by an Eagle Point police officer at the
Carl’s Jr. Restaurant in Eagle Point.

The Grand Jury was asked to consider whether the actions of the police officer were justified as a lawful
use of deadly force. Oregon law provides a person may use deadly physical force against another person
if the person reasonable believes that person is about to use deadly physical force against the person or
another person (ORS 161.219-161.239).

In deciding this case, the Grand Jury heard testimony from 10 witnesses. Those witnesses included the
two involved police officers, a witness who observed the initial contact between the officer and Graves
from the parking lot, investigating officers, crime lab, medical examiner and a use of force expert.
Jackson County Sheriff’s Office was the lead agency on the case, and was assisted by members of the
Major Assault and Death Investigation Unit (MADUI). The MADIU team is comprised of detectives
from the following agencies: Oregon State Police, Medford Police Department, Jackson County
Sheriffs Officer, Central Point Police Department and Ashland Police Department.

The grand jury heard testimony from Michael Graves, the father of Matthew Graves. He testified that
his son lived with him and his wife in a guest house on the property. He also testified that his son was
non-violent and not aggressive. He said that his son frequently walked to Carl’s Jr. Restaurant and other
businesses. He testified that his son had a problem with drugs back in 2012, but had not been using any
drugs since that time. He said his son had been diagnosed with schizophrenia when he had been in jail
back in 2012. He had been prescribed a medication, but his son stopped taking the medication shortly
after. The family had tried to get him to go see a specialist but his son had refused. He said on
September 19, 2018 his sons demeanor was normal, nothing unusual had happened during the day.

The testimony presented to the grand jury established on September 19, 2018 Officer Daniel Cardenas
was on patrol in a marked Eagle Point Police patrol car. Officer Cardenas has worked for the Eagle
Point Police Department since 2016. Officer Cardenas was driving southbound on Highway 62 near the
intersection at Linn Rd, Eagle Point. He observed Matthew Graves start to cross in the road against the
light. Officer Cardenas made a U-turn to contact Matthew Graves. Officer Cardenas testified he
intended to talk to Matthew Graves about the infraction of Failure to Obey a Traffic Control Device.
Officer Cardenas turned on his overhead lights, started recording on his body cam and said “what are
October 24, 2018
Page 2 of 3

you doing?.” Matthew Graves immediately starting walking away and yelled at the officer “you are not
following me, f--- you.” Officer Cardenas got back in his patrol car and followed Matthew Graves to
the Carl’s Jr. Restaurant. Officer Cardenas radioed dispatch the subject was walking away from him and
asked for a back-up officer. Matthew Graves continued to yell at Officer Cardenas and went into the
Carl’s Jr. Restaurant. Once inside the restaurant, he immediately went into the men’s bathroom.

Officer Cardenas testified Matthew Graves’s behavior was unusual. Officer Cardenas stated he believed
due to his behavior Matthew Graves might have a warrant or a weapon. When Officer Cardenas entered
the bathroom, he drew his firearm because he did not know what Matthew Graves might do. Officer
Cardenas observed Matthew Graves washing his hands. Officer Cardenas ordered Matthew Graves to
show his hands. Matthew Graves did not comply, he went to the towel dispenser and dried his hands.
At this point, Officer Cardenas gave more commands to Matthew Graves who did not comply. Officer
Cardenas observed both of Matthew Graves’s hands, so he holstered his firearm and drew his taser.
Officer Cardenas continued to give Matthew Graves commands. Matthew Graves tried to push past
Officer Cardenas to leave the bathroom. Officer Cardenas pushed Matthew Graves back and Matthew
Graves approached Officer Cardenas again. On the third push, Matthew Graves reached for Officer
Cardenas throat/chest area. At this point, the backup Officer Davis arrived at the bathroom door.
Officer Cardenas deployed his taser but it had little effect on Matthew Graves. At that point Matthew
Graves punched Officer Davis in the face. This knocked Officer Davis to the floor. Officer Cardenas
took Matthew Graves to the floor as well. During this struggle, Officer Cardenas taser fell to the floor.
Officer Davis stated “There’s a gun” and Officer Cardenas asked “You have a gun?” to which Officer
Davis stated “There’s a gun”. At that time, Officer Cardenas testified he believed Matthew Graves had
a gun and was about to shoot Officer Davis. Officer Cardenas observed both of Officer Davis’ hands
trapping Matthew Graves’s hands and he saw the butt of a gun. Officer Cardenas then drew his firearm
and shot Matthew Graves twice in the back area. Officer Cardenas stated he believed Matthew Graves
would roll over on his side and shoot one or both of them.

Immediately after the shooting, Officer Cardenas asked Officer Davis “Where’s the gun?” Officer
Davis replies it’s a taser. It is clear from reviewing the transcript of Officer Cardenas body cam Officer
Cardenas still believed Matthew Graves had a gun. After a few moments of confusion, they were able to
determine it was Officer Cardenas’s taser Matthew Graves had his hand.

Officer CJ Davis testified he has been with the Eagle Point Police Department since 2003 and is
currently assigned as a senior patrol officer and a detective. That night Officer Davis arrived as the
back-up officer. Officer Davis testified that he entered Carl’s Jr. and could hear yelling. Officer Davis
entered the men’s bathroom and was trying to assist Officer Cardenas in taking Matthew Graves into
custody. Officer Davis did not know that Officer Cardenas had deployed a taser. Matthew Graves
lunged at the two Officers and struck Officer Davis in the face. The strike disoriented Officer Davis and
he was on the floor struggling with Matthew Graves. Officer Davis testified that he looked down and
saw a gun in the Matthew Graves hand. The gun was pointed in Officer Davis’s direction. Officer
Davis trapped the gun with his hands and attempted to push it away from his direction. At that time
Officer Davis yelled he’s got a gun. A moment later, the taser went off and tased Officer Davis. At this
point, he realized it was not a gun, but a taser. Officer Davis stated “There’s a gun. Oh, it’s a taser.”
October 24, 2018
Page 3 of 3

In watching the body cam, the time between when Officer Davis said he has a gun to the shots being
fired is four seconds. The time from when Officer Cardenas entered the bathroom to shots being fired is
less than a minute and half.

The Deputy State Medical Examiner Dr. Olson testified there were two bullet entrance wounds. The
first was located in the left upper back and the second was located in the right upper back. Dr. Olson
also noted two taser dart marks, one on the upper left chest and one on the left forearm. The toxicology
results were negative.

The grand jury heard testimony from John Black, a use of force expert. Mr. Black retired from the
Washington County Sheriff’s Department after 23 years of service. He has been qualified as an expert
witness in both state and federal courts relating to police use of force, officer involved shootings, police
tactics and proper training of police. Mr. Black reviewed the officer’s training records, police reports
and the body cam footage. He testified about a number of things that affect an Officer in a stressful
situation. The high adrenaline state has physiological impacts on a person, it can slow down or speed up
the perception of time, can cause auditory exclusion, increase in pulse rate and can dramatically affect
the speed in which you can process information. He also testified how the taser could be mistaken for a
firearm in this type of circumstance.

In Jackson County we require a grand jury review the facts and make the determination as to whether
the officers’ use of force was justified under Oregon law. The grand jury deliberated for about 15
minutes before announcing their decision. Five of the grand jurors concluded that the actions of Officer
Cardenas were fully justified and in compliance with Oregon law. This case was presented to the grand
jury by Jackson County District Attorney Beth Heckert. The grand jurors felt that a taser should be a
different color, so it could not be mistaken for a firearm.

Jackson County is a pilot county, selected by the legislature, for grand jury recording. Jackson County
has been recording grand jury since March 2018. The statute provides under ORS 132.370(3)(a) that
when the grand jury inquiries into the conduct of a public servant, such as a police officer, for acts
occurring in the performance of the public servants duties and no indictment is returned the transcript of
the grand jury proceedings may be released if the Court orders disclosure. These proceedings will be
transcribed by a stenographer. This is the first officer involved incident we have presented to the grand
jury since the law changed to require grand jury be recorded.

You might also like