NEWS RELEASE
Monday, October 28, 2024
Jenna Wallace, District Attorney
Officer Involved Shooting September 5, 2024
On October 22, 2024, a Lincoln County Grand Jury unanimously found that Oregon State Police Senior Troopers Kyle Winship, Jeremy Smith, Zachary Bohince and Jacob Ferrer were each justified in their use of deadly physical force against Walter “DJ” Oliver Anderson, 38, on September 5, 2024.
The Grand Jury convened to hear testimony from 8 witnesses, including from the Lincoln County Sheriff’s Office, who led the investigation. The Grand Jury also review video exhibits. The following is a factual summary of evidence found by the Grand Jury:
On September 4, 2024, Lincoln City Police Department officers contacted a converted school bus and associated SUV that was unlawfully parked at NW Oar Place, Lincoln City. During the contact, officers spoke with two females on scene, one of which identified the owner of the converted bus to be Walter Anderson but advised he was not at the location. While continuing to investigate the scene, gunshots rang out from inside the bus and in the direction of a police sergeant who was assisting in the investigation. As officers took cover, the bus began to flee.
Shortly after, Lincoln City Police Department’s dispatch received a report that a male had abandoned a school bus at the Sea Gypsy Motel and was fleeing on foot, running towards the beach. It was reported that he had also thrown a briefcase into the ocean. The Lincoln City Police Department requested additional help from partnering agencies, including the Oregon State Police Special Weapons and Tactics (SWAT) team.
Senior Trooper Smith deployed K-9 Lozen to locate the suspect based on the last known sighting by witnesses and scent articles recovered by the Lincoln City Police Department, leading Senior Trooper Smith to the northwest corner of NW Jetty Avenue and NW 19th Street, Lincoln City (1905 NW Jetty Avenue). Walter Anderson (Anderson) was identified as the suspect and was found to be associated with this residence. A search warrant was subsequently granted to gain access to the residence and effectuate the arrest of Anderson.
Residents of the house were on scene and cooperative with law enforcement. Residents reported that no one else was inside the house and that there were multiple, unsecured firearms inside the residence. The Crisis Negotiation Team (CNT) began communicating with Anderson through a third-party. Anderson immediately demanded that police back away from the residence while he made statements such as, “I will blow this bitch wide open and my manifesto will be blown everywhere” and “I’m ready to die. Are you?”
CNT attempted to convince Anderson to surrender peacefully, repeatedly advising him that law enforcement did not want to harm him. After several hours of negotiations and announcements over the loudspeaker, gunfire began to ring out from inside the house and into the neighborhood, notably striking a streetlight nearby. Smoke was also seen exiting from the upstairs window.
In an attempt to gain access to the house and to effectuate Anderson’s arrest, OSP utilized an armored platform with SWAT members on board and raised it towards the upstairs window. Before SWAT members were able to enter the window, Anderson fired multiple, close-range rounds at officers standing behind the armored platform, forcing law enforcement to retreat for their safety.
Approximately 15 minutes later, officers observed rapid muzzle blasts come from a sliding glass door on the North side of the residence and in the direction of SWAT officers towards the east of the residence. In response, Senior Trooper Ferrer and Bohince fired shots into the house until Anderson ceased firing. Troopers then observed the barrel of a rifle emerge from behind the wall, pointing in the direction of a law enforcement vehicle on scene. Officers again observed rapid shooting from inside the residence. Senior Trooper Ferrer and Bohince fired several more rounds in the direction of the gunfire until the shooting stopped.
It appeared that Anderson began to yell out in pain. The upstairs of the residence was fully engulfed in flames at this time. Officers provided several more warnings over the loudspeaker, encouraging Anderson to surrender so he would not be harmed. Moments later, a rifle barrel was observed poking out of the right most upstairs window, which was billowing smoke, on the south side of the residence. The rifle was then tossed out the window and slid down the dormer roof, stopping at the gutter. Seconds later, Anderson then dove out of that same window and landed on the dormer roof, a couple feet away from the rifle. Troopers on scene told Anderson not to reach for the gun or else he would be shot. Anderson shouted, “Fuck you,” and stated he had made peace with his maker. Anderson was laying on the roof at this time with one hand close to the rifle. Troopers told Anderson to get his hand off the gun. Anderson then responded, “Fuck you” and “head shot me.” Troopers stated “Do not touch the gun” and Anderson responded, “I have the gun.” Troopers again warned, “If you move the gun, you will be shot.” Officers gave additional warnings over the loudspeaker such as “DJ keep your hands visible, follow the direction of the police officer and you will not be harmed” and “Keep your hands up and visible.” Anderson yelled “fuck you” in response, then stated “my hand is on my gun, what are you going to do?”
Seconds later, Senior Trooper Winship and Senior Trooper Smith observed Anderson’s hand on the rifle and the rifle begin to move upward off the roof. In response, Senior Trooper Winship and Senior Trooper Smith each fired a single round, striking Anderson. Anderson immediately rolled off the roof and was carried away from the burning residence in an attempt to render aid. Anderson was pronounced deceased on scene.
Once the scene was secure, North Lincoln Fire and Rescue immediately began working on suppressing the fire. North Lincoln Fire and Rescue conducted the fire investigation which revealed two areas of origin – first on the stairs leading from the first floor to the second floor and second on the second floor in the main room. The investigation was able to rule out electrical causes, natural causes, and any law enforcement causes. The investigation was not able to rule out Anderson as the cause.
Neighboring businesses and residences were promptly evacuated by Lincoln City Police Department in order to ensure public safety. No pedestrians, bystanders or police officers were injured during this incident.
The Lincoln County Major Crime Team (MCT) was activated and conducted the investigation into the use of deadly force. Lincoln County Sheriff’s Detective Sergeant Jason Spano led the investigation. Detectives from the Lincoln County Sheriff’s Office, Lincoln City Police Department, Newport Police Department, Oregon State Police, and Lincoln County District Attorney’s Office participated in the
investigation.
Overall, it is estimated that Anderson fired his gun more than 20 times during the entire incident. He fired off several rounds indiscriminately into the neighborhood, striking occupied neighboring residences. He also intentionally fired in the direction of law enforcement at least 4 separate times.
An autopsy was conducted by State Chief Medical Examiner Sean Hurst on September 5, 2024. Dr. Hurst determined Anderson’s cause of death was a gunshot wound to the head and chest. Anderson was hit four times in various parts of his body. Primary toxicology revealed the presence of methamphetamine in Anderson’s urine.
At the time of this incident, Anderson had recently been charged with felony offenses related to firearms, controlled substances and identity theft in Washington County. Anderson has previous criminal convictions for domestic battery, firearm offenses and burglary.
The Grand Jury applied the facts of this case to the legal principles dictating circumstances when deadly physical force can be used. Specifically, the Grand Jury found that, under the totality of the circumstances known to each peace officer, each officer reasonably determined that the use of deadly physical force was necessary as:
• Walter Anderson had committed and attempted to commit violent felonies against multiple persons;
• Deadly physical force was necessary to defend a peace officer and/or another person from the use or threatened imminent use of deadly physical force; and
• Under the totality of circumstances existing at the time and place, the use of such force was
justified.
The Grand Jury further found that no reasonable alternatives, such as verbal de-escalation, waiting or using other available techniques or resources was reasonable, safe or feasible as the officers gave multiple verbal warnings to Anderson and provided him several reasonable opportunities to comply, but he failed to do so.
Under Oregon law, a District Attorney or Grand Jury, made up of Lincoln County residents, may make the final decision as to whether or not law enforcement officers were justified in their use of deadly force. This case was presented to the Grand Jury by District Attorney Jenna Wallace pursuant to policy. The Grand Jury’s decision required reviewing all the facts and evidence available and applying them to the legal principles above. The Grand Jury was unanimous in concluding that the actions of Oregon State Police SWAT Senior Trooper Kyle Winship, Senior Trooper Jeremy Smith, Senior Trooper Zachary Bohince and Senior Trooper Jacob Ferrer were justified and lawful.
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