The Tigard Police Department has concluded that no policy violations occurred during a Jan. 6, 2021 incident that ended when Officer Gabriel Maldonado shot and killed 26-year-old Jacob Macduff.
The department convened a use of force review board on Dec. 28, 2021 consisting of five people, including a member from an outside police agency. In a statement, the Tigard Police Department said the board reviewed the entire investigative file before concluding that the use of both less lethal munitions and lethal force were within department policy.
“I know the Macduff family continues to endure that painful loss,” Tigard Police Chief Kathy McAlpine said. “Although the actions of the officers were within policy, we will bring subject matter experts together to provide additional training relating to barricaded subjects.”
The agency said the board also identified issues with aging equipment which have been remedied.
Maldonado shot and killed MacDuff after a standoff with police in front of a Tigard apartment complex. The police investigation said officers responded to reports of “a domestic disturbance with some mental health concerns,” according to the Oregonian/OregonLive. Macduff was locked in his truck and refusing to come out for over an hour as negotiators attempted to get him to surrender. After those negotiations failed, officers attempted to force him from the vehicle. During the ensuing struggle, Macduff allegedly reached for a knife and Maldonado shot and killed him.
Macduff’s mother, Maria Macduff, said her son experienced bipolar disorder and was progressing “into an acute psychotic state” in the days leading up to the fatal shooting.
Maria Macduff said police called her during the standoff and asked if she would talk to her son. The officer placed her on hold and never came back, she said.
The internal review came three months after a grand jury declined to indict Maldonado for the killing. Washington County District Attorney Kevin Barton asked the Oregon Department of Justice to conduct the criminal investigation in part because the shooting happened days after a new law changing how officers are allowed to use deadly force in the state.
Maldonado resigned from the Tigard police almost four months after the shooting and started a new job at the Port of Portland Police Department. After OPB reported that he was still under criminal investigation, the Port of Portland placed Maldonado on administrative leave and ultimately fired him, saying he was ineligible to work at the port.
Maldonado is not currently employed as a law enforcement officer in Oregon, according to a state certification database.