By Mary Owen
A Marion County grand jury deliberated one day before clearing Silverton police officer Tony Gonzalez of any wrongdoing in the fatal June 30 shooting of Irish national Andrew James Hanlon, 20.
“They were in session until just past 5 sometime last night,” Deputy District Attorney Don Abar said July 25, the day after the Marion County District Attorney’s office released information to the press regarding the grand jury’s decision.
Thirteen witnesses, including Hanlon’s sister, Melanie Heise, his roommate and his best friend, spoke before the grand jury on July 24. Although they had not witnessed the incident, the trio provided information about Hanlon’s character to the jury, according to the press release.
“This is not abnormal,” Abar said.
Officer Gonzalez, in custody in Polk County on unrelated sex-abuse charges, did not appear before the jury, but a videotape of his interview with detectives was shown, Abar said.
Jury members also were given copies of the crime scene photographs, diagrams, the record of the 9-1-1 tape, and a copy of police dispatch recordings before and after the shooting, toxicology reports on Hanlon and Gonzalez, Hanlon’s autopsy report as well as his medical/mental history documents.
As a courtesy, District Attorney Walter Beglau gave copies of all reports “after all was done” to the Hanlon family, Abar said. Although Gonzalez was cleared of responsibility in the shooting, the Hanlon family could choose to initiate a civil suit against him.
According to the press release, Hanlon peered in the windows and aggressively kicked, punched and hurled himself at the front door of Silverton resident Shannon Kelley’s house around 11:20 p.m. on June 30. Hanlon appeared to be acting strangely, demanding to be let in, howling at the moon, and yelling phrases in Old English that were at times incomprehensibly “guttural” and “animalistic.” At one point, according to the press release, he claimed to be “the angel of death.”
On the tape recording of Kelley’s frantic 9-1-1 call, Hanlon’s verbal rage and actions could be heard in the background, and inspection of her door after he fled from the scene revealed blood spatter and skin tissue.
After a final run at the door, Hanlon fled barefoot down a wooded hill and through trees and blackberry bushes toward Oak Street, according to the press release.
Gonzalez and Officer Josh Barnett both responded to the 9-1-1 call. After hearing that Hanlon was coming down the hill, Gonzalez parked his patrol car near a residence at 606 Oak St. Gonzalez saw Hanlon come through the trees and ordered him to come out and show his hands. Instead of following the officer’s orders, Hanlon reportedly cut in and out of a string of parked cars.
In pursuit, Gonzalez told investigators he thought he heard glass breaking. At this point, he drew his weapon, thinking Hanlon might be armed with a broken bottle. Later reports show Hanlon was not armed, and Matthew Kemmy and Douglas Hanson, co-authors of the press release, said investigators believe Hanlon may have kicked or bumped into a recycling bin that had glass bottles, causing them to clink.
Hanlon stepped out from between two of the parked cars and was ordered twice by Gonzalez to show both of his hands and to get down on the ground. Hanlon said OK after the second request, reached for the ground twice before letting out a scream and leaping toward Gonzalez. The officer began to retreat as Hanlon chased after him, arms swinging, kicking and screaming.
Hanlon chased Gonzalez back to Oak Street, never more than 5 feet away from the office, the press release reported. During his retreat, the officer opened fire, shooting seven rounds and hitting Hanlon five times before he finally fell to the street, fatally wounded.
Silverton resident Jeff DeSantis, who was driving along Oak Street at the time of the incident, witnessed the confrontation. DeSantis told investigators he heard Gonzalez repeatedly ask Hanlon to “freeze … get down … don’t move.” DeSantis called the officer’s actions “professional,” according to the release.
Kemmy and Hanson said the lengthy press release should combat any rumors about a conspiracy or cover-up that may have arisen over the shooting between the incident and the grand jury’s decision.
“It is vital in a case like this that the investigation and the grand jury process be allowed to run its course fairly and independently,” they wrote in the release. “Releasing bits and pieces of the evidence prior to the conclusion of the case could inaccurately sway public opinion and therefore harm the integrity of the investigation and grand jury proceeding.”
Of paramount importance to the public is that the process was allowed to work, they added.
The announcement ends the Marion County D.A.’s involvement in the shooting incident, Abar said.
