Eagle Point, Oregon — A split grand jury decided it would not bring charges against an Eagle Point police officer who fatally shot a mentally ill man in the back after a struggle inside a Carl’s Jr. bathroom.

Officer Daniel Cardenas and his backup CJ Davis were justified in the shooting death of 33-year-old Matthew Thayer Graves because they thought he had a gun, the grand jury decided 5-2.

An officer’s black stun gun that fell to the floor during the struggle showed signs that Graves deployed the nonlethal weapon at the officers at least once.
The stun gun was deployed into Davis’ hands, but Cardenas mistook the black, pistol-shaped stun gun for a firearm.

Officer Davis testified that he communicated that the weapon was a stun gun, but Cardenas testified he believed he heard confirmation of the word “gun” when he unholstered his duty weapon and shot Matthews twice in the back.

Bodycam footage showed that the time between when Davis first reported the gun to shots being fired was about four seconds. The time between when Cardenas entered the bathroom to shots being fired was roughly a minute and a half
Deputy State Medical Examiner Dr. James Olson testified the two bullets Cardenas fired entered Graves’ left upper back and right upper back. There were also two Taser dart marks, one on the upper left chest and the other on the left forearm.
The grand jury deliberated for 15 minutes before announcing its decision. They later decided it would not bring charges against the Eagle Point police officer

Background Info Last Updated: 10/27/18

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