Officer-involved shooting investigations in Klamath Falls

Klamath Falls, Ore. – There have been two officer-involved shootings over the past month in Klamath Falls.

A grand jury ruled Wednesday that Klamath Falls police officer Taylor Herbst was justified in using deadly force in the shooting of Emilio Hernandez.

Klamath County District Attorney Eve Costello says the shooting took place November 24th as Herbst was attempting to arrest Hernandez on a charge of attempted murder. “In the course of the contact, he engaged in an altercation with her.  He also had a sawed-off shotgun on him, which he was attempting to pull out.”

Hernandez was shot and pronounced dead at the scene.

District Attorney Costello said body cam evidence and police reports that were shown to the grand jury aren’t available for public review. “At this point, no,” Costello explained. “Currently the Hernandez family has filed a civil lawsuit against the Klamath Falls Police Department.”

That suit has not yet been filed, though Police Chief David Henslee said he’s been notified of an intent to file.

The second shooting happened December 13th, when an unnamed Klamath County Sheriff’s Deputy shot suspect Matthew Derby near the Sixth Street overpass.

Police say Derby was trying to ram the deputy with a stolen car. Derby is being treated at a Portland hospital.

“My understanding is he is stable and is expected to live,” Costello said.

The shooting incident is under investigation by Klamath Falls Police.

“So we have an independent agency investigating,” Costello said. “And as soon as their investigation is complete, we anticipate taking that through the grand jury process as well.”

The deputy was not injured in the incident.

While the grand jury has ruled that Officer Herbst was justified in the shooting, she won’t return to duty until an internal affairs investigation has been completed.

© 2024 KOBI-TV NBC5. All rights reserved unless otherwise stated.

Skip to content