Today a Marion County Grand Jury unanimously found that a Keizer Police Officer was justified in the shooting of 50 year old Andy Lamar Gibson on the evening of June 26, 2016.
Officer Esteban Perez was cleared in the shooting that occurred after he responded to a 7-Eleven located at 5550 River Rd. North in Keizer, Oregon following a 9-1-1 call reporting a robbery with a knife. Officer Perez responded moments after the call and located the suspect, Andy Lamar Gibson, still on the premises. A confrontation occurred outside the convenience store. Officer Perez discharged his weapon, striking Andy Lamar Gipson once.
Officer Perez was uninjured. The suspect, Andy Lamar Gibson, was transported to Salem Hospital for treatment. He was discharged yesterday and transported to the Marion County Jail where he was lodged without bail.
The same Grand Jury that found the officer's actions to be justified, indicted Andy Lamar Gibson for: Robbery in the First Degree, two counts of Unlawful Use of a Weapon and Attempted Aggravated Murder.
Andy Lamar Gibson is scheduled to be arraigned on the indictment on July 15, 2016 at 8:30 a.m. at 4000 Aumsville Highway. He has been appointed attorney Manuel Perez.
Officer Esteban Perez has been employed with the Keizer Police Department since May 18, 2015. Before that he was employed with the Gervais Police Department since 2010. He is 26 years old.
The Oregon State Police led the investigation at the direction of the Marion County District Attorney's Office. The grand jury took testimony from thirteen witnesses, including Detectives from the Oregon State Police, civilian witnesses, and family members of Andy Lamar Gibson. They further reviewed relevant photographs and video, scene diagrams, and weapon evidence.
Pursuant to Oregon Revised Statute 161.239, in order to be justified in his use of deadly force, Officer Perez had to reasonably believe that:
1. Andy Lamar Gibson was committing or attempting to commit a felony involving the use or threatened imminent use of physical force against himself or another person;
2. regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force was necessary to defend the police officer or another person from the use or threatened imminent use of deadly physical force;
3. the crime committed by the person was a felony or an attempt to commit a felony, and under the totality of the circumstances existing at the time and place, the use of such force was necessary; or
4. the officer's life or personal safety was endangered in the particular circumstance involved.
The Grand Jury's decision requires a review of all the facts and evidence available to it and application of that evidence to the legal principles outlined above. The Grand Jury was afforded an opportunity to request additional evidence, but declined. The decision of the Marion County Grand Jury is that the actions of Keizer Police Officer Esteban Perez were justified.
Due to the ongoing nature of Andy Lamar Gibson's criminal case, the DA's Office will not release any further detail of the shooting or the crimes at this time.
Contact Info: Paige Clarkson, Deputy DA