46 year-old Mark Caldwell was shot by Grants Pass Police in September, while they were looking for a suspect in his neighborhood.
A Josephine County grand jury concluded the shooting was justified last week.
The involved officer, Micaela Miguel, who has been with Grants Pass Police since 2018, was placed on administrative leave during the investigation.
Oregon State Police, who headed the inquiry into the shooting, said Caldwell was armed when he was shot in the early morning hours of September 19th.
Caldwell family attorney Robert Miller said using deadly force was unnecessary.
Miller said, “it is beyond our comprehension as to why this gentleman was shot in his own car port, on his own property, doing nothing wrong. Was not a suspect, was not in custody.”
Miller said they talked with multiple eye witnesses, including Caldwell’s wife, who was just a few feet away when he was shot.
He said Caldwell kept his firearm to his side and only stepped out of his home to see what was happening.
Miller believes the Josephine County District Attorney did not fully investigate the incident before taking it to the grand jury.
He said they also plan to file a complaint against the Grants Pass Police Department.
© 2023 KOBI-TV NBC5. All rights reserved unless otherwise stated.