Pubdate: 26 Feb 1999
Source: Houston Chronicle (TX)
Copyright: 1999 Houston Chronicle
Contact:  http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Author: Ed Asher
Section: top of page 35A

POLICE CHIEF MEMOS SAY OREGON `MOST PROBABLY' HAD A GUN

Blood spatter evidence indicates that Pedro Oregon Navarro "most probably"
had a gun in his hand the night he was shot and killed by Houston police
officers, according to memos written by Houston Police Chief C.O. Bradford.

The six officers involved in the shooting have said from the beginning that
Oregon pointed a gun at them. However, Oregon's family has questioned
whether that assertion is true and the family's attorneys are still
investigating to determine whether he had a gun in his hand.

In the memos, written the day Bradford fired the officers, the chief said
three officers discharged their weapons. It has been widely reported that
the first shot came from David Barrera, who accidentally fired.

"Concerning the other shots, the investigation sufficiently proved that
Pedro Oregon Navarro was armed but never fired his weapon. . . . In
addition, the blood spatter indicated that the suspect's weapon was near
his body and most probably in the suspect's hand," Bradford said in the
Nov. 2 memos to the Firefighters' and Police Officers' Civil Service
Commission.

However, Bradford wrote that an "indefinite suspension" of all six officers
was warranted because they violated several police department policies.

Attorney Robert Thomas, who represents four of the former officers, said
that although the memos are largely critical of his clients, they support
the contention that Oregon was armed and advancing when he was shot.

Thomas said a trace-metal test, which he believes was conducted by the FBI,
should confirm that Oregon had a gun in his hand.

The test indicates whether a person has traces of metal on the skin.

"We believe the blood spatter evidence and the trace-metal test will
conclusively corroborate the officers' sworn testimony that Pedro Oregon
had a pistol pointed on them and advanced on the officers in an aggressive
manner," Thomas said.

Paul Nugent, who represents Oregon's family in their federal civil rights
lawsuit against the former officers, said he does not yet know whether
Oregon had a gun in his hand.

"We are still analyzing the forensic evidence. We have not made that
determination yet," Nugent said.

"We certainly know he never fired. The blood spatter evidence supports, and
our investigation reveals, that Pedro was lying on the floor when he was
shot multiple times in the back."

Bradford wrote that the officers thought Oregon's brother, Rogelio Oregon,
was a drug supplier based on information from a man they had arrested that
night on misdemeanor charges.

"This was not an unarmed man," Thomas said of Oregon.

"We believe the testimony will show that Pedro Oregon was trying to defend
his brother Rogelio and was trying to prevent his brother Rogelio from
being arrested in a `controlled buy,' crack cocaine delivery investigation."

As to the officers' belief that Rogelio Oregon was a drug dealer, Nugent
said, "Chief Bradford weighed that claim, discounted it and fired the
officers. It's a clever spin. But that's not what Chief Bradford found and
it's not what the evidence will ultimately show.

"The police had no basis for illegally entering the home, they had no legal
basis to attempt to arrest anyone and they used excessive force."

No drugs were found in the apartment.

The six memos, one for each of the officers, allege that the officers
violated Oregon's constitutional right against unreasonable searches and
seizures by entering his apartment without a warrant and without probable
cause that a crime had been committed.

They also allege several departmental policy violations.

Oregon, 22, was shot July 12 in a drug raid on his apartment. 
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