5tv*
INTERVIEW WITH DEP. JOSHUAEAGLE
Interviewer: Det. Dan Smith
02-18-15110:49 am
Case# 2075-4545

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INTERVIE\il \ilITH JOSHUA EAGLE

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Q=Det. Dan Smith
Ql=Det. Jim Murphy
Q2=Mike Staropoli
A:Joshua Eagle

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Q2

Are you recording?

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Yes. Okay, uh, this is Detective Smith with the Clackamas County Sheriffls
Office. This is, uh, Clackamas County Sheriffls Office case #15-4545. Um,
all parties have in this room have been advised that this is being audio'We're
in
recorded. Um, today is February 18,2015. It's about 1049 hours.
'We're
in a private conference room. Uh, persons
the CCSO Brooks Building.
present in this room are, uh, Clackamas County Sheriff s Office Deputy Josh
Eagle, um, Attorney Mike Staropoli, uh, Detective Jim Murphy with Canby

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Police Department, and myself, Detective Dan Smith, Clackamas County
Sheriffls Office. Uh, this is an interview, uh, regarding an offtcer-involved
shooting. Uh, Deputy Eagle was one of the, um, deputies who shot during the
shooting. Um, and this is the scheduled time for'the interview. Uh, this is a
completely voluntary interview. lJm, I'm not going to give you Miranda
Rights. IJm, or any kind of Garrity instructions or anything like that. Um,
any time that you want to end the interview you're free to do so and ieave.
Um, and you can ans\ /er questions that you want to answer and not answer
questions that you don't want to answer. Um, in this room I wanted to do a
'We,
uh, have six kind of visual aids
description of what is set up in this room.
that I printed out. Um, there's four photos over on this board. Right here.
These are photos taken, um, at the scene. And then there are two aerial maps
over here. One's kind of a Iarge, um, blowup of the, uh, general'Wall Street
Colton area. Uh, the other one is a, uh, a zoomed down version of the
property where the incident occurred. Um, there are also - I printed out a
copy of the CAD, uh, for this case, um, computer assistant dispatching
printout for this incident and then I printed out a copy of your unit history for
the day. And those are for your reference if you want to look at them. Um,
they're there on the table. Uh, I wanted to start off by getting some just basic
background investi- or backgrowrd information, uh, before we started getting
into the actual incident. Uh, so if that's okay with you...

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 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 ant
Case # 2015-4545

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A:

Sure.

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Q:

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A:

Sure. Um, my name is Joshua Eagle and I'm assigned to the Patrol Division

ofthe Sheriffs Office.

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Um, that's kind of how - that's what I was planning on doing. IJm, so even
though we all- I worked with you before, I know you, um, even though, uh,
we all kind of kno\Ã/ everybody is, I'd like to just get it as part of the
interview. So if you could just say who you are, um, and what division you
work in?

Q:

Okay. Um, the purpose of this interview is getting a complete and accurate
accounting of the events. Um, it's coÍtmon that people will not remember
things or remember things out of order. So if something like that happens,
um, don't be frustrated by that, that's perfectly normal when you're
remembering, um, an incident.

A:

Sure.

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lJm, you're in control of the interview. And you were there, we wersn't. And
our job is to collect as much information as we can about the interview. So,
um, \ile're going to be asking you, especially in the beginning part of the
interview to do most of the talking. Um, we'll try not to interrupt you and
we'll try to just, um, listen to atarative of how things went and then we'll
come back and ask specific questions, um, follow-up questions. If something
- if we're looking for further information on a particular point.

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Sure

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Um, can you talk about - for background - caî you talk about, um, some of
your education and prior work experience, um, starting with, um, education?
So high school, college, um...

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A:

Sure. Um, I attended Hillsboro High School in Washington County. I
graduated from there. Uh, spent some time at the University of Oregon for a
while, eventually transferred to Lane Community College and got an
Associate's Degree in Criminal Justice.

Q:

Um, any military experience at all?

A:

No.

Q:

Okay. Um, any other employment that's, um, relevant to law enforcement?

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 INTERVIEW WITH DEP. JOSHUA EAGLE
Intervi ewer

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Case# 2075-4545

Um, I volunteered as an Intern as part of my, uh, Lane Community College
experience, uh, with the Springfield Police Department. That mostly involved
fiting paperwork and nothing reaI y, uh, nothing really applicable to this
actualjob.

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Q:

Okay. IJm, any other law enforcement experience besides, um, here?

A:

No. Oh yes, uh, with the Honolulu Police Department.

Q:

Okay, how long there?

A:

Uh, almost five years.

Q:

Okay. Um, when

A:

April30th of 2008

Q:

For your training - and we don't have a copy of your training file here right
now, so it'll be just what you can remember - um, do you have any
specialized experience or training in DV investigations?

A:

You mean beyond the, you know, sort of basic stuffthat we get here in the
offrce? Any specialized?

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\Mas

your hire date with the Sheriffls Offrce?

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Right.
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Um, I went to the Child Abuse Summit.

Q:

Okay.

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A:

Uh, last year. Um, I don't recall any other specific domestic violence training.

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Q:

Okay. Um, what about, um, crisis intervention training?

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A:

Yes, I did the, uh, one week course.

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Q:

Okay. Any, um, have you ever attended Street Survival or any kind of
specialized use of force training?

A:

No.

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Q:

Okay. Um, Active Shooter?

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A:

No.

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 INTERVIEW \VITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/70:49 am
Case# 2015-4545

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And any kind of high risk, um, entry or anything like that?

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No. I mean other than the sort of general training you get..

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Mm-hm.

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A:

.

..in Academy is I believe you're asking for if I've attended specialized
- in those fields and the answer is no.

courses in that

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Okay. That - that's what I was asking.

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A:

Okay

Q:

Um, okay, uh, any other training that - or experience that you think is, um,
relevant to - to mention that I didn't ask about?

A:

Um, I went through Taser training.

Q:

Okay. Can you describe, um, we'lltalk about the weapons that you caffy on
duty, um, can you describe your primary, uh, pistol?

A:

Sure, it's a Sig .40 caliber semi-automatrc.

Q:

Is that theP229?

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Yes.

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Me too. Uh, what kind of holster do you have?

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It's - as far

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Okay.

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...is the way to describe it. Um, also it's got a, uh, break over the top and then
I think you're supposed to rock it back and forth, pull out.

Q:

Okay. And, um, magazines? How many

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as, um,

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it's a level two holster I guess...

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more?

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do you ca:ry three magazines or

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Uh, less, three total. So one in the - in the pistol and then two on the belt.

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Okay. Uh, capacity of those?

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 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 arn
Case# 2015-4545

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Uh, twelve in the magazirre.

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Okay. Do you have

A

Um, I do not have an 4R15. Um, it - that I'm certified to carry, um, with me
on duty. I do own one personally, uh, at home but I don't carry that with me
and wasn't that day. Um, I have an issued shotgun from the Department.

Q:

Okay. Was that in your car atthe time?

A:

Yes.

Q:

Okay. Do you have aback-up or did you carry

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No. No and no.

Q:

Um, did you have a Taser that day?

A:

Yes.

Q:

IJm, was that canied

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a, uh,

ARl5 or any other kind of patrol rifle - rifle?

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a back-up that day?

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- where

was that cartied?

'Well,

um, it- atthe beginning it was in my trunk. And then later rt, uh, was
attached to my belt on my left side.

Q:

Okay. Okay. Um, any other, um, besides - well did you have an impact
weapon with you?

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It was in my patrol car.

Q:

Okay. Um, any other weapons with you at the time of the incident?

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Um, I had issued pepper spray on my belt.

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Okay. Anything else?

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No.

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Q:

Okay. Have you had any other involvement in any other, um, what you would
consider a critical incident like another offrcer-involved shooting? Um, either
as a witness oÍ as actually the, um, involved officer?

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IJm, a - beyond sort of perimeter security or sort of, you know, that sort
role, no.

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 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 2015-4545

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about?

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Okay. Okay, uh, anything else from your background that you think is
relevant to, um, the incident or what we're going - to what we're going to talk

A:

Nothing that I can think of for right now

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Okay. So I'd like to kind of transition into, um, the incident. I'd like to start
off if you can, um, prior to that- prior to the incident at the beginning of your
day. So, um, it would be night. It was, uh, the day that we're talking about is
February 15. It was a Sunday morning. lJm, can you talk about, uh, starting
from there, um, and prior to your arrival at work, um, kind of run us through run us through your day?

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Sure. Um,I woke up. Um,I have an almost 2-year-oId son and, uh, and he
was fussing in the moming and, uh, woke me up. My wife was up before me.
'We
had, uh, we had
And, uh,I woke up somewhere around 7:30-8:00.
scrambled eggs. And, uh, got myself ready for work. IJm, usually leave for
work at around 10:00, uh, so we were eating breakfast and just kind of
generally hanging out with my, uh, with my wife and - and child. Don't
remember specifically anything, but probably involved chasing my child
around and him chasing me around. The various little games that we play.
Um, but yeah, I generally, uh, put on my uniform and, uh, and get in the patrol
car andtry and leave home by - by 10:00. I work third shift so my shift starts
at 11:00. And it's generally, uh, about a 40 minute drive into work. So I - I
got in my patrol car and booted up the computer. Uh, started the various
insundry programs that I have to, uh, have to have fired up on the computer
and, úh, and drove into the Brooks Building. IJm, once here I - I parked, uh,
on the - kind of turned around now, but the Patrol side.

Q:

Mm-hm.

A:

Uh, and where the stairs are a little bit shorter and walked up to the, uh, third
floor. Um, I dropped offmy charger - my battery for my ticket writer. Uh,
dropped it off in the charger in hopes that it would charge during roll call.
And then I walked into the Sergeant's, um, the Sergeant's areato speak to
Krummenacker. He is my squad Sergeant and I had a couple of questions for
him. V/hile talking with, uh, Sergeant Krummenacker, he asked me, uh, if I if I - if I wanted to go - he was basically telling me, "Hey, uh, why don't you
go to that call in Colton." And I said, "Sure, what's - what's it about?" And,
uh, he said something about, uh, "Sounds like somebody stabbed somebody
and, uh, and there - and somebody has a gun." Uh, so I finished up with him
and went downstairs, got in the patrol car. lJm, drove out the parking lot and
tumed on the lights and sirens and, uh, began driving towards Colton.

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 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 ant
Case # 2015-4545

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Q:

Um, had you ever been to that location before?

A:

Not that I recall.

Q:

Okay. Did anything, um, anything significant happen on your drive from the
Brooks Building to, uh, where - where were you going in Colton?

A:

Uh, I - I did hear that, uh, people were sort of assembling at the, uh, Colton
Market there. And, um, I did have an opportunity, uh, avery briefly, uh, to
glance at sort of the top of the CAD. I-Im, because I had such a - it - it
sounded like people were already sort of coming in late to this thing. Sounded
like people were already kind of getting down there, um, and I had quite a
ways to drive from here to Colton. So I really didn't have a- the luxury of
time sort of pour through the entire CAD and - and the very slow updates that
had occurred. Um, so I was able to look at the top of this CAD, this first line
here. Um, uh, where it says, "Informants saying there is a male at the
location. Just stabbed somebody and he has a gun." And then the caller hung
up. And I do also remember, uh, seeing a note in here about - I think the
Dispatcher typed something along the lines of "HX of suicide by cop," or
something substantially similar to that somewhere in this CAD. Uh, that's all
I really had an opporlunity to glance at, uh, while driving down there. Um, I
was negotiating a- a medium level of traffic, uh, to head down there. IJm, so
I was driving toward the, uh, Colton Market where the assembly point was.

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Okay. Um, when you got there who was there?

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Well, uh, I - I was, uh, literally pulling into, uh, the Colton Market and kind
of see that it sits, uh, it sits on a comer of Wall Street and Highway 2lI. And
it has two entrances and exits. One's on Highway 2Il and one is one V/all
Street. And, uh, and I was literally making my left turn from 211 into the
Colton Market when everybody had decided that they were going to move up.
And in fact, there's a radio transmission, uh, something to the effect ot
"Okay, we're - we're moving up." IJh, that's occurring literally as I'm
pulling in. So I pull in and everybody else is pulling out the other entrance or
exit. And, uh, I just sort of follow them and we moved northward on Wall

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Okay. IJm, so I'm guessing at some point you guys stopped?

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Yes, we moved, uh, part \May up Wall Street and, uh, pe- the people in front of
me began pulling oveÍ, uh, stopping the cars. And I, uh, parked my car in a
driveway on the east side.

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7

 INTERVIEW WITH DEP. JOSTfuA EAGLE
Interviewer: Det. Dan Smith
02-18-75110:.49 am

Case# 2015-4545

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Okay.

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Uh, what happened next?

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Uh, we - we got out. And there's, uh, a group of us there. Juker is on scene.
Uh, there's sort of a- a brief, uh, plan. We start walking northwards on Wall
Street and, uh, Jeff Juker mentions, "H"y, does anybody have a Taser?" And,
uh, I said, "Wellhey, I do." But it was atmy trunk. I didn't have it on me at
the time. So I, uh, I - I stopped and turned around and ran back to my car and
then ran back to sort of the group of, uh, of officers. They hadn't gotten
tenibly far, maybe 50 feet or something like that. Uh, so that's why my Taser
'We
move, uh, we
was both in my car and on me earlier when you asked.
passing
uninvolved
Um,
several
northwards
on
Wall
Street.
move - moved
residences on either side at, uh, as - as we get close toward - as we'Íe getting
closer toward the, uh, the property thatwe're headed towards, um, Jeff, uh,
breaks us up into two groups. There's a group that, uh, involving Frazier,
Robinson and Helbling. And he sends them sort of eastwards, uh, around this
property. Uh, so this - this house, uh, as you can see on the map, that - the
house sits at the end of Wall Street. And there's a, uh, fence that runs on the,
uh, in an east/west direction on the south side of the house. And, uh, there's
some brush and trees that arc on the south side of that fence. And, um, and so
that group of three offrcer and deputies, uh, began making their way, uh,
trying to use cover, um, eastwaxds. And eventually I lose sight of them.
There's a couple of trees and eventually I lose sight of them. But my
understanding is they - they worked their way over to towards that, uh" east excuse me, I think I'm saying east and I'think I meant west. They're working
their way, uh, west along thal- that fence line. And eventually I lose sight of
them behind the trees. And - and it's my understanding that they eventualiy,
uh, got to some - some position where they could see the west side of the
house.

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Okay

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A:

While that, uh, while those guys are working that direction, uh, Scott
McBride, Nikolai, Jeff Juker, and I, um, began working our way into the
woods. Uh, which would be on the east side of Wall Street/driveway to the
house. It's - it was never really terribly clear to me at what point the Wall
Street becomes the driveway. Uh, but we - we begin working our way into
the woods there. And that woods consists of, uh, sort of a mixed - mixed
assortment of trees. You've got, uh, mature trees. You've got, um, scrub and
brush. Um, and sort of a - a mixture of and a diversity of heights of foliage
there. We, uh, we work our way, uh, we work - we went into the woods there
because, um, this - this person who was reported to have stabbed somebody,
uh, was - \Mas supposed to have a gun. And so we didn't - we wanted to use
8

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-75/70:49 am
Case# 2015-4545

-ttilize cover as much as possible. IJm, to avoid exposing ourselves to
potential gunfire. Uh, we worked our way, uh, sort of northwards in the - in
the trees. lJm, we got to a point where we could see the east side of the house.
We ventured forward enough or nodhwards enough to whpre we could see the
east side of the house. And there \ryas ar. attempt by, uh, by Jeff Juker - I
guess that I should back up. Jeff had a long gun, and Mark Nikolai had a long
gun, and then Scott and I just have our, uh, sidearms and, um, they're - Juker,
uh, had attempted to work his way a little bit further north from where we had
stopped in attempt to sort of swing around to the north side of the house, um,
through the trees. And it became apparent that that was not going to be a
viable option for them. Because there was some sort of cliff or drop-off and
that's, uh, and that's something that Jeff - Jeff mentioned. I didn't actually
walk over there to look at the cliffor anything like that. I maintained my
position but Jeff kind of worked north and then had to come back. Um, there
is some flat ground that is not at the cliff, but there is, uh, there was no cover,
sort of an open area. And so they would have had anybody traversing that
direction would - would have been doing so in the open. So, uh, Jeff, Mark,
Scott, and I all end up, um, basically around a - around a tree in this, uh, sort
of scrubby woods. Mark, uh, had brought some binoculars with him. And,
uh, there were two cars parked, um, looking at that photo you've - you've got
there, there were two cars parked in the top left corner. IJm, oh, I didn't see
that photo. Yeah, you can see that there is a car a couple of cars parked here
and you're looking at the aerial it would be sort of the top left hand corner of
that Google map, uh, aerialphotograph. And, uh, and it looks like there's there's three cars in the photo there. Um, and Mark was using his binoculars
r''
to try and read the licerise plates. And I believe he makes a couple of radio
transmissions about the plates.

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Mm-hm.

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Trying to, you know, find out the registration and who - who was there and
what not. Um, Mark had also written the phone number on - on one of his
hands for, uh, and I didn't read the phone number but I had made the
assumption that it was - it was this phone number here that the call had come
in. Uh, we don't see anybody at- atthat point. I - I guess I should, uh, and
this is slightly out of order and I apologize, uh, while we were - if we rewind
to the point where we were walking up Wall Street, uh, and this is before we before we split off into the two groups. I do remember hearing a female
voice. Uh, couldn't tell what the words were. It was more of a shout or yell,
or - or something like that. Uh, couldn't tell where it - where it was coming
from. Might have been that house. Might have been one of the other houses.
'Cause there, uh, there was several more south of there. lJm, couldn't tell
what - I mean it was just sort of in the distance. So it's going back forward to
where we left off. Um...
9

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer

DreL

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i, iå äïH

Case# 2015-4545

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Q:

And you couldn't make out what they were saying or anything like that?

A:

No it was just a brief uh, very brief one, uh, you know squawk or yell, or you
know, however, whatever it was. Um, and - and I - I couldn't tell where where it was coming from.

Q:

Okay

A:

Uh, I remember later asking somebody else, "Hey, did you hear that womafl's
voice when we're walking up?" and they said no they hadn't heard that. So,
uh, so we're atthe, uh, we'te at the tree and - and we're able to see the, uh,
east side of the house. Uh, there's been an altemptto work - to work a couple
guys around to the north, uh, that ultimately failed and we sort of regrouped.
Uh, Nikolai's got, uh, what I assume is this phone number here written on his
hand. And, um, I - I can't remember if it's Nikolai or Jeff Juker that, uh, calls
that number. lJm, we didn't want to approach the house because this person
was supposed to have a firearm and that would have exposed us to gunfire.
It's kind of - there's quite a bit of open distance around the house itself. So I
think the plan was to call in there and - and try and bring people out of the
house if possible. But there rvas no - there \ryas no successful phone call. Uh,
I didn't make the phone call. Uh, so I don't know if it went straight to
voicemail or - or it didn't ring, I don't know what happened. But it was a no
successful contact with, uh, people in there. Um, at - at around that point
there's a plan - I believe Nall has arrived on scene at some point. And I don't
know really when he arrived, but, uh, Jeff is making a - makirig a plan with
Sergeant Nall to, uh, bring one of the patrol cars up a little bit closer, uh,
northwards so it could - I mean you saw where the cars were at. I mean
they're parked quite a distance away. We're going to bring one of the patrol
cars, uh, further north and then we're going to try and loud hail in the
instructions into the, uh, into the house. Uh, so around that time when that
plan is being, uh, formulated,urn,I hear somebody's vo- one of - I don't
know if it was Helbling orFrazier or Robinson. I don'tknow who, but I heard
somebody, urn, on the, uh, I don't know with that other group of people on the
west side of the house. Um, I heard some shouting, uh, over there, um, and
some commands. Um, I remember somebody saying, uh, that it was the
Sheriff s Offrce and that the house was slltrounded. And then shortly
thereafter there's, uh, there's some commands about, uh, dropping the hatchet.
It sounded like they made - they - they put eyes on somebody. Keep in mind,
I can't see any of this. This is just kind of what we're hearing. Um, it - it
sounded like they, uh, seen somebody with a male, uh, some sort of axe or
hatchet. And, uh, and they're saying commands to drop the hatchet. Uh, and
then there's a brief - I believe it's a radio transmission about a woman in
purple. And, uh, then those - the guys on that side of the house kind of fall

405

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4r0

4II
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4r3
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4t6

+n
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139

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10

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-78-15110:49 ant
Case # 2075-4545

silent. Sounded like he walked around the house and, uh, and I haven't seen
anything yet. Um, short- very shortly after that this guy, uh, this male
appears, um, on what would be the north side of the house. And, uh, but I
didn't - I didn't see him until he was sofi of on the north side of the house and
in the driveway. So I don't know if he came out of the house or came around
the house, or it wasn't - wasn't clear to me by the time I looked over and
picked him up, um, visually he was - he was, uh, in the driveway. Uh, he had
a, uh, like a hatchet, uh, that was in one hand. And he had, uh, he had another
metal looking bladed, uh, device that, you know, I - I never it - you know,
fast-forward to the end of the scene, I never actually got a good look - ended
up, you know, looking and determining exactly what this other thing was in
his hand. But I remember thinking in my head, at the time that - and it
reminded me of, uh, one of those, um, machetes that they used to trim
Christmas trees. You know, they're metal and they're thin.

44r
442
443

444
445
446
447
448
449
4s0

4sl
452
453
4s4
455
4s6
457
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460
161

462
463
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46s
466
467
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469
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471
472
473

474
475
476
417
478
419
480
481

482
83

484

a

Mm-hm.

A:

And sharp in the, you know, those guy's going to do the trimming. I mean
we've probably all seen them living in Oregon. Uh, but I remember thinking
that that's - that's what it looked like. Uh. He's, uh, he's - he's got, uh, the
machete in his right hand - oÍ excuse me, the, uh, axe in his right hand and
this other - other device, uh, bladed, uh, device in his, uh, other hand. And,
uh, it looks like he's got a pretty good grip on them. It was - thinking back
over this and I know just how - you know, and I've - I've held hatchet before
in my - in my pa.gt, uh, and uh, you know, it's got a heavy head. And if you
were to sort of hold these things sort of loosely they sort of face towards the
ground, the droop toward the ground. Uh, and the same thing with, uh, you
know, something with a long blade, right? If you loosely hold them they kind
of droop toward the ground. But as he was striding up the driveway, they they weren't kind of drooped toward the ground. They were held kind of 90
degrees from his - from his, uh, forearms, you know, generally. And it in a
way thal, you know, it seemed like he was holding onto them tightly. And he
is really striding. He's moving. He was definitely not strolling or sauntering
or anything like that. It is - it is purposeful, deliberale, arrd, you know,
movement with intent. You know what I mean? And he covers that distance
preffy quick. He's not running, but it's - it's a very deliberate movement, um,
up the driveway. So that would be in the, uh, in the east direction. And he and he walks up the driveway. Axd, uh, I think - I think its Jeff. It could
have been Nikolai. One of the guys to my right. So - so it's - it's Jeff,
Nikolai and me and Scott McBride. And one of the two guys to my right
yelled - yelled, uh, some commands to this guy to, uh, drop the weapons.
And there's several - and it's very clear. And it's very loud, um, to drop
those weapons. And, uh, and there's no - the guy doesn't stop. He doesn't there's no looking down. I mean he - there's - there's no sign that, uh, that
11

 INTERVIEW WITH DEP. JOSHUA EAGLE
Intervi ewer'
-

l;tt

r"r

rff#

Case# 2075-4545

485
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494
49s
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.

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t05
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'510
511

s12
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5t4
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5t6
st7
s18
s19
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s2t
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52s
526

.

;27

528

those commands have made any difference to him. Because he keeps coming
up the driveway. He, uh, he walks right up to us, uh, without hesitation. Uh,
doesn't drop the weapons. Doesn't do anything. Uh, other than walking
directly up to us and it's hard to say, you know, I mean obviously I didn't
have a tape measure with me, so I mean it felt like it was, you know, around
15 to 20 feet away. Um, and he just walks right up to that - t9 that point and
then he stops and he's got both of those things in his hands. And he's - he's
looking directly at us. And I saw that he had a, uh, kind of a thick looking
sweatshirt on. It was - it was black. And he had some sort of pants on. And
so he - he stops there and, uh, and we use that opportunity to give him some
more commands. Be, uh, you know, tell him to drop the weapons. I think,
uh, Jeffspeaks fust and tells him, uh, at least a couple more times, "Drop the
weapons." Uh, Jeff kind of pauses in his commands. There's - there's no
there's no movement from this guy. I mean he's just stopped and standing
there holding these things, staring at us. And - and I say, uh, I - I chime in
too and tell him, "H"y, drop the weapons." I told him, uh, you know, "'We
can get you some help. Doesn't have to go this way. Just drop the weapons."
And - and in a s- it - it felt like he stopped there for about a minute. I mean
I'm not timing it, so, you know, it wasn't - it wasn't fractions of a second but
it wasn't a half-hour either. I mean it was - it felt like he paused there for a
minute, like he was - like he was making his decision. And, uh, he's - he's
still kind of got those - those weapons and they're not - he's not loose and
relaxed looking, you know. Like it - like he was, you know. He - he still had
that tension. Because his arms - I mean they weren't out to his sides or like in
. an airplane or anything, but they weren't super loose. He had them hold from
his sides slightly. Doesn't say a word. Never says a word this whole time.
And, uh, and after pausing there and - and Jeff is giving some coÍrmands, and
- ffid, uh, I've told him to, uh, you know, drop those weapons and he just - he
just suddenly takes what looked like maybe about two steps andthey're
quick steps - he sort of starts going forward like he had stopped and made a
decision and decided he was going to - going to do this and he starts coming
forward and those arms just start - start to come up. And, uh, and then we
fired. I fired. The guys next to me fired. Um, felt like we all shot at the same
time. I fired, uh, I fired twice. In - in, uh, very, very short succession. It
'Was
aiming center of
wasn't - wasn't a lot of gap between the two shots.
mass. Um, at - as we've been trained. Um, and I - and I shot because he was
coming at us. He - he had this weapon that was - I thought the guy was
coming up to kill us. I had - I had Scott McBride an arm's length to my left.
And it kind of looked like his - well it didn't kind of look like it, it looked like
his path, he was coming for Scott first. And I'm an arm's lengfh away from
him and I'm - I'm in that too. I stop firing after that because after the second
shot because he didn't start - he - he kind of turned to his right and started to
fall forward. And he ends up falling face first, uh, onto the gravel. And he
falls on - on top of the axe and - and the other - the blade. IJm, so you can't

-

-

-

T2

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 aurt
Case# 2Q75-4545

529
530
531

532
533
534
535

536
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538

s39
s40
s4r
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s46
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s56
557

558

s59
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561

562

s63
s64
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s66
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568

s69
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t71
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you can't see them. And so there's some - there's some more commands to
put his hands out. He makes no move. Doesn't say anything still. Uh,
doesn't - doesn't make any move to, uh, push his hands out. Uh, Jeff takes
several steps forward, uh, toward the road and kind of motions and - and says
- I don't remember his exact words, but basically formulates a hasty plan
where, uh, we would grab his - grab him by the - by the feet and - and pull
him, uh, a short distance hoping thatthat action would cause his hands to sort
of roll up from underneath him. And so I do that. I, uh, I holstered and, uh,
and grabbed his left leg. I think J- uh, Jeff had his right leg and we pulled
him. Axd I don't think we pulled him very far, just a few feet. Just enough to
where his hands, uh, did roll - roll out. And, uh, at that point he had - he
didn't have the axe anymore. Uh, but that other - that other blade that he had
was still in his hand. And - and somebody - I don't know who, one of the
other guys - not Jeff and not me, uh, stepped on his hand real quick to keep
him to sort of immobilize, um, that. Um, and I - I swung up on - onto the
guy's, uh, right arm. llh, 'cause the next step was \ ¡e're going to handcuff
him. And Scott McBride had his handcuffs out the ready, uh, se I swung
around to the right side and maneuvered his right arm, uh, back behind his
back. And Scott puts on the, uh, in handcuffs. And then no joke, within like a
couple of seconds, uh, Jeff is moving us out and away from the guy and up the
road. llh, I did have time to, uh, frisk him. Pat his waistband and I rolled him
over slightly to check his front fot, uh, any firearms. And, uh, and I didn't
even get really complete the frisk. It, uh, just done that much and then Jeffls,
"H.y, everybody who shot move up the road." And he's moving us, urn,
southwards, uh, down Wall Street. And we eventually relocate back to, uh,
our patroi c'ars, uh, and wait for, uh, you know, additional folks to arrive. Um,
I'd had my, uh, I'd had my rubber, uh, gloves on. IJm, by rubber gloves I
mean the disposable I think they're called Nitrol plastic gloves. Uh, and I - I
had put them on, uh, right at the beginning of this when we were, um, walking
up the - up the road. Um, you know, because - because we expected the - to
have somebody in custody, you know. The, uh, I think Scott and I were going
to be the custody team. And, uh, you know, we put the gloves on with the
anticipation of having, uh, that sort of outcome here. Uh, certainly wasn't
expecting this sort of outcome. So, um, rewinding againback to, uh, rewind
to the point where, you know, we are walking up, we are taking position by
this tree. Uh, at that point my - my pistol was out. And - and the teason it's
out is that I - I can see the - the eastern side of the yard and the house. And
it's clear that nobody is - nobody's in the house and nobody's, you know,
any- anywhere in the immediate vicinity. Uh, and - and so there really was
no point of purpose to - to a Taser atthatpoint. Because of the limited
distances of those devices. Um, and our under- our understanding, the
information that was available to us at the time was this person had a fuearm.
So in order of - in order of priorities of what - what might happen next, as
we're going through the woods and positioning ourselves in the woods was,
13

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith

02-18-l5ll0:49 wn
Case# 2075-4545

s73
s74
575

s76
s77
578
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s81

582
583

584
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s90

s9l
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i93
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59s

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6TI
612

6t3
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;15

616

okay, well we might take gunfire from the house, um, so my - my pistol was
.When
we looked at - I remember looking at the east side of
out at that point.
the house and - and I remember noting that the - the windows that I could see
looked like had - they had all the blinds closed. Couldn't - couldn't see in the
windows. Um, couldn't really see any people until the guy moved around to
the - to the north side. As he came walking down the driveway toward us, I
switched, uh, I swi- holstered my firearm and pulled my Taser out because I I wasn't, you know, as at the beginning of his - his striding towards us, you
know, there was an opporhrnity, we weren't sure how this was going to go.
We might end up achieving some sort of compliance and be able to. So I
transitioned to the Taser to have it as an option should - should, uh, should should a reasonable opportunity present itself. You know, should it be needed.
Uh, my, you know, I'm - I'm growing more and more concerned and - and
worried as he's coming up the driveway with such purpose and with those
weapons and - and there's no - there's no hesitation in his step when, uh,
those commands are coming out about him dropping those \ /eapons. And I
don't remember the exact moment, but there came a - a time when he was
armed, he was coming right for us. It - it didn't look like - it didn't look like
he was going to stop. And I transitioned a- away from, uh, the Taser and back
to the, uh, firearm. IJÍi, for - for several reasons. Uh, part of - part of it was
we were in this wooded environment with this brush and - and scrub and I
had concerns that, um, that it wouldn't be effective in that type of
environment. Those - those darts that those things shoot out and the wires are
very thin and very light, and lightweight. And, um, and - and for the device
to be effective you've - it's absolutely critical that you get two contact poinfs,
you know, both wires have to get - or both probes have to connect with the
person. And, uh, there - there was scrub and - and I became concerned thatl
didn't think this device was going to be effective in this environment. And I
noticed he had a - a thick looking sweatshirt on. And I know from, uh, from
my previous Taser deployment in the county that the - those heavy clothing
can interfere with effectiveness of these things. Um, like - like that other
deployment I had. It was only - it was only partially effective and he too was
wearing a heavy, uh, heavy clothing on - on his torso. And I remember
thinking that - that you've got - you've got to have the right tool for the right
frght. The - those Tasers have a limited - limited distance. Uh, and - and
they're an inconsistent weapon. You know, a lot of things have to go right for
those things to, uh, to work. And the way this guy was coming at us, I - I
thought that this was heading toward a lethal, uh, you know, I thought he was
going to come up and altackus with a knife. And, uh, or with a hatchet. And
I thought the Taser just wasn't - \Masn't going to be the right deployment, uh,
option. You know? In - in hindsight, thinking back, I think, uh, you know, a
- a less lethal option, um, that would have been fantastic to have would have
been a beanbag shotgun. 'Cause that would have given us options to, um,
stop that guy from getting so close to us, uh, so quickly. But I don't think we
14

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 2015-4545

had abeanbag shotgun availabie. I - I certainly didn't have one and, uh, so I
end up, uh, I end up ditching the - ditching the, uh, Taser. And I don't know
if I - I don't remember if I fumbled around trying to get it back in the floppy
leg holster they give us, or if I just - I just - in - in - in haste just, you know,
dropped to the ground, tossed it behind me or something. I got rid of it quick
so I could, um, put two hands on my pistol. And, um, assume a better, you
know, better firing position, uh, as we've been trained. Put two hands on the
weapon you're more accurate.

617
618

6t9
620

62r
622
623

624
625
626
627

a

Anything else that you can think of, um, before we ask some follow-up
questions?

628

A

Not, uh, not that I can think of right now but.

a

Okay. Um, and obviously, iet me know if you want to take a break alany
time. We can get some water or anything else like that or if - if we do want to
take a break just let me know.

635
636

A

Okay

537

a

IJm, so how about we, um, go back and kind of have a couple of follow-up
questions and I'm sure, uh, Detective Murphy does also. Um, let's take it
each, uh, this incident kind ofphase by phase chronologically. So, on yout,
um, on your drive in, did you exchange any MDC messages or anything like
that with, uh, with anyone?

642
643

A:

No.

644
64s

a

Okay.

646
647

A:

I

648
649
6s0

a

Okay. Any conversation on a tac channel or any'- anything like that?

6sr

A:

No.

a

Okay. Um, when you were - so you're there at the scene, when you are
parked and moving up on foot, did you see anybody on the periphery? Um,
any witnesses or anything else like that?

629

630

63r
632
OJJ

634

638

639
640

64t

-

I had my hands full just negotiating traffic with the lights and sirens on.

652

6s3
654
655

6s6
657
6s8
)59
660

A

'When

we were walking towards the house no. Later, when we wal- when
after the shooting and Jeff had - was moving us up the drive- south on the
south on'Wall Street, um, I remember seeing the neighbor to the south of the
of this address. Uh, he had his camera out. He was snapping photos of us
15

-

 INTERVIEW WITH DEP. JOSHUA EAGLE
Inte¡viewer: Det. Dan Smith
02-18-15/70:49 am
Case# 2015-4545

walking, uh, walking south on Wall Street. And, uh, there was a - there was
another person - the - the gal whose driveway I parked my patrol car in, uh,
opened the door and she looked at us and said something to the fact of, uh,
"Good job," and "Are you guys okay?"

661
662
663

664
665
666
667
668
669
670

Q:

So, uh, do you remember a description of the person that was taking the
photos? Do you have any...

A

It - it - he looked like a, uh, you know, middle-aged, ú, white male. You
know, maybe in his late 40's or early 50's. And that - that's - that's all I can
really remember.

Q:

Okay.

A:

Yeah. It was, uh, was - I had a lot on my mind atthat point.

Q:

Mm-hm.

679
680

A:

V/alking away from the driveway.

581

Q:

671

672
673

674
67s
676
677
678

682

'When

you were down, um, do you have any more questions about the initial
entry? Or do you have any questions on the initial entry?

683

684

Ql:

685

Uh, just on the drive
Arbitrator, or,

in. Um, your vi- your vehicle, is it equipped with the

*...

686
687

A

Yes and you guys have dorvnloaded the video is my understanding.

688
689

Q1

Okay. So you had the Arbitrator system, was it activated, uh, while you were
driving in?

691
692
693

A

Yes.

694

Ql:

And was it activated during the call?

A

No. It got - it should be - it should have been shut off when I pulled into the

690

695
696
697
698

699
700
701
702
703

Y Market. Um, I - I knew we were going to stage our cars and I mean we
\ ¡eren't going to drive up, you know, with this sort of information in the call,
we weren't just going to drive up and park in the driveway in front of the front
door.

Ql:

Mm-hm.

16

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 2015-4545

706
707

And so I had no anticipation of the patrol car being in a - in a position of
where any sort of evidence would be captured. So I just ended the, uh, the
recording atthatpoint. And - and in fact, the cars were parked in - in a
position where there wasn't visual, uh, within visual range of, uh, of the

708

house.

704

A

l0s

709

lr0

Ql:

Okay. Did you wear awireless microphone that's attached to the system?

712
713
714
715
716
717

A

lJm, we do have a microphone system. Uh, it - it stays in the charger ununtil I get out of the char- you know, like on a traffic stop I'll pull it off the
charger and throw it in, uh, one of my breast pockets usually. And, uh, so it
remained in the - in the charger. I didn't grab it on my way out.

Q1

Okay.

Q:

Um, the iighting, the weather conditions, what was it like that day?

120
72r
722

A:

It was sunny. It was unusually good weather for a,rJh, aFebruary.

723

Q:

Okay.

A:

I do, uh, also remember, utrl, hearing target shooting. Not, uh, not at the
beginrring of the call. I remember hearing after the calls, we're walking, uh,
well at some point either we were walking up oÍ we were just waiting by our
patrol cars for all the different of other elements that are happening. I
remember hearing, uh, some sort of target shooting. It didn't - didn't sound
like it was happening, uh, in the immediate vicinity, but uh, but I do remember

7lr

7t8
7t9

/24
725

726
727
728
729
730
731
732
IJJ
734
135
736
731
738
739
140
741

"

hearing, uh, gunshots out there.
Q1

I'm ready for the next scene if you are

a

Okay. Uh, so as you're traveling down, did you - when you, uh, your element
broke off into the woods, did you guys, um, was that on a trail or was it off
trail?

A

There was no trail. V/e were just kind of stepping over brush and, you know,
over the un- unevenness of a - of a for- uh, wooded - woodsy type floor.
We're maneuvering around shrubs and whatnot.

742
143

'

'

744
74s
146

Okay. Did you all have any conversations when you were walking through
the woods about like developing, um, any other - anything besides what you
mentioned? Any other, uh, development during the actual travel through the
woods? A conversation?

141

t7

 INTERVIEW WITH DEP. JOSI]UA EAGLE
Interviewer: Det. Dan Smith
02-18-1,5/10:49 am
Case# 2015-4545

748

A:

It's

Q:

Like a plan for, um, when you got to the point when you \Mere in view of the
residence?

753 A:

I was, uh, I was behind Nikolai. Um, I tried to stay close to him. And then
he, uh, he posted up on a tree and I posted up on the other side of the tree.
And, uh, Jeff - Jeff would be to Nikolai's right and - and Jeff was a little bit,
uh, a little bit - I guess that would be east. Not far. I mean we're talking
about steps. Uh, and then - and then Scott came up and was, uh, to my
immediate left.

as far as?

749

7s0

751
152
754
75s
756
7s7
758

isg

760

Okay. Is this

A:

I-Ithinkso.

Q:

This is aprefty big fir tree. Is that..

A:

V/ell - yeah we were - we were behind a - a mature tree. Well, not behind,
but I was on one side and, uh, Mark was on the other side of - of a mature

76t

762

this photo, is this the tree that you're talking about?

Q:

-

763

764

.

765

766

,,

767

tree.

768

769

770

- we found a Taser.

Q:

Um, uh, the

A:

Mrn-hm.

Q:

Um, and that Taser's here.

A:

Okay.

Q:

On the side of the tree.

771

712
773

774
775

776
771

778
779

780 A:

Then I think that's the tree where \ ¡e're at then.

78r

782 Q:

V/ould that- that would make sense...

783

t84

A:

Yeah.

Q:

...that that's where the Taser was dropped? That was the side of the tree that
you...

78s

786
787
788

789 A:

Yeah.

'90

' l9l

Q:

...probably were on?
18

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
O2-78-15/10:49 am

Case# 2015-4545

792
793
794
795
796
791
798
799
800
801

A

That, uh, brush that you see was poking me in the face I remember when and,
you know, before - before the guy came into view I remember reaching up
and snapping one of the - one of the, uh, branches off 'cause it was poking
me, hitting my neck or face or something.

Q:

just so I'm totally clear on where everybody was, assuming that
this is the tree that you - that you all were - that you're referencing.

Q2

Okay.

So

So,

if we can just clarify, the picture we're looking

at appears to be, uh,

with

the camera lens looking toward the west of what we would probably refer to
as the driveway toward the vehicles that ultimately appeared to be on the
northwest corner of the house. Just want to clariff that because there's...

802
803

804
805

806
807

Q:

Yes.

808

Q2:

...six pictures there. So go ahead.

809
810

Q1:

The only one in a8 Yzby 11 size.

Q2:

Correct. There you go.

811

i12
813

just so I'm clear where everybody was at...

814
815
816

Q:

So

A:

Sure.

817
818

Q:

...urn, you'd be on, uh, this side of the tree? Which would be, um, south?

A:

Probably the south side, yeah.

Q:

Uh, the south side. And with you on that side of the tree was
anybody else?

A:

Scott McBride would be about it felt like an arm's length further south of me

Q:

Okay on that side of the tree?

829
830

A:

On that side of the tree, yeah.

831

Q:

Okay.

A:

Mark Nikolai is on the north side of this tree. And then Juker is, you know,
over here. I mean Juker is slightly behind me, so I'm - I don't pay a whole

819
820
821
822
823
824
825
826
821

- was there

828

832
833

'34

T9

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-78-15/10:49 am
Case # 2015-4545

bunch of attention to where he - he's - he might of moved up or back, but
but as far as in order, that's - that's how I remember our position.

835

836
837
838
839
840

-

a

Okay. Uh, what was the vegetation like behind you?

A

I could see. You know, just similar to this. Uh,
trees various stages - various stages of maturity. Under- under, uh, under under story things, brush, downed limbs. Uh, things of that nature.

a

Okay.

846

A

Ferns. Typical Oregon woods.

847
848

o

You said that you could hear, um, the other group. You could hear the group
that went to the south side of the - of the house? You could hear them like
dealing with somebody?

A

Yes.

a

Was that over - was that just, uh, hearing them yelling with your ears? Or
was it on the radio? Or something else?

A

I heard them - I heard them yelling from as far - as far as away they are, I
could clearly se- hear them say that, you know, "It's the Sheriff s Office.
This place is surrounded." IJm, andthat was - that was with my ears.

a

Okay.

841

842
843
844

It was, uh, woods

as far as

84s

849
850
8s1

852
853

854
355

856
857
858
859
860
861

862
863

Q1

864
865

866
861
868
869
870

871
872

873
874
87s
876

'

)77
878

A:

So, if we're going up to the point of the encounter, um, I know you
transitioned, uh, from the Taser to your handgun. Um, at which point, uh, on
his approach or when he was, uh, stopped waiting for that minute, when did
you, uh, direct your fireatm athim? When did you take aim?

I - when I got rid of- as - as I'm transitioning, I - I - at one point I had, uh,
pulled my firearm and - and I had my - my Taser in my left hand. And, uh,
what was - I remember thinking that, uh, that's not how they - that's not how
they train us to have. I mean they don't train us to go out there with a pistol in
one hand and afirearm on the other. So I've got them both sort of in my hand
and they're not really pointed at anybody at this point and I remember
thinking, this - this is not how I've been trained and I need to go with one or
the other. And, uh, and that's what - that's, you know, then I - I'm getting rid
of the Taser and - and then going to the firearm. And, um, I mean I - I
pointed it in his, uh, at him somewhere in the range where he has stopped. I
don't know if it - I don't recall tracking him with the pistol as he was coming
20

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-1,5/10:49 arn

Case# 2015-4545

up the driveway. And so, I
paused, uh.

879
880

-

I th- I think at some point when he was, uh,

881

882

Q1:

883
884
885
886

During that minute that he's standing there and you'te waiting and commands
are being given prior to him chargin1, àre you at a low ready? Or do you have
sights on him?

A:

Um, I am at- I'm at a low ready, uh, because when it became time
became time to fire I had to elevate and then go.

888
889
890

Q1:

Okay

891

A:

uh.

Q1:

Um, when you're engaging - it - this, again, 8 % x 1 1 photograph, you have
this, uh, very large tree. In front of this tree there's a small clump of scrub. I
don't know if you remember that - that scrub brush right there. You can see
it, uh, pretfy clearly right here. This is that same large tree where your Taser
was found.

A:

Okay.

Q1:

This scrub is right here. There's a smaller tree and I imagine these are
probably the branches that were poking yolr in the head when you're standing
there. Does that...

A:

Could have.

887

- when it

892
893

894
895

896

'.,

897
898
899

900
901

902
903
904
905

906

iook about right?

907
908

Ql:

909

A:

Could be.

Q:

I'll just, uh, so that we don't have any confusion over what pictures we're

910
911

912
913
914
91s

Q1:

talking about, I'11just label these A, B, C and D.
So, my question is, um, you're using the tree as cover at this point, is that

correct?

9t6

',

917
918

A:

Yes.

919
920

Ql:

When you engage, are you in front of the tree? Are you still next to the tree?
Or did you step out towards this scrub? Because this scrub's obviously in

)21

'922

yow line of fire

as

well.

2I

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 2015-4545

923

924
925
926
927
928
929
930
931
932
933
934
935
936

A

I'm next to the tree. You know, I - I don't remember the exact
placement of my feet. I mean I...

Q1:

Okay

A:

and - and that was *that was one thing that was
pistol
at the low ready was it - it kept the gun from
helpful in having the
blocking - you know, I was just mentally willing him to drop the hatchet.

Q1

Mm-hm.

9sl
9s2

...I could

see

him. Um,

and, uh, and - and that's what I was watching. I was watching his
just
hands
waiting for those hands to open up and those things to drop to the
ground. And I had my pistol down slightly so I - I was looking directly at
that. Um, you know, I - I was on the south side of that tree. You know, I - I
don't - I don't know. I mean I'm pretly close to the tree. I àon't remember
my exact...

939
940

94t

-

am

And

937
938

942
)43
944
94s
946
947
948
949
950

I

-

Q1:

Okay.

A

...position of my feet or whatnot.

Ql:

Okay, so you can say it's on yow right side or you don't recall if it was
slightly behind you or directly next to you?

A

I don't think the tree was behind me.

Ql:

Okay

A

It would have been, uh, either slightly in front or - or adjacent to me.

Q1:

Okay. IJm, one more thing, I - I know you addressed him and - and you told
him to drop the weapons and, uh, you told him you'd get him some help. Do
you remember your tone of voice? How were you talking to him?

A

I-I

Q1

Mm-hm.

A:

And that wasn't effective, so - so I actually tried dropping my tone of voice to
a - like a conversational level. Like, "Hey man, 'we - we don't have to do

953

9s4
9s5
9s6

9sl
958

9s9
960
961
962
963
964
)65
966

I-I triedthe-the loud, um, you
you
"Drop
the weapons." And - and that
know,
know, sort of authoritarian,
was the same tone of voice that had been used as he was walking up that
driveway.
tried- I triedtwo differenttones.

22

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 201.5-4545

this." I mean it's still saying it, uh, with enough force that it would be
audible. You know, I wasn't whispering or anything of that nature. But - but
I tried - I tried just a different tactic. You know, see if that would - if that
would get through to him. Um, yeah.

961
968

969
970
971
972

Ql:

Okay. Do you remember after actions after you fired your two shots, uh, do
you do atactical reload, or do you just maintain the same magazine?

A:

I did not do atactical reload.

Ql:

I guess for the second

Q:

All right. After, uh, you fired, uh, did you see anybody, um, tender any kind
of aid to him? Or kind of assess? Or were - did you - uh, you didn't render

973

974
97s
976
977
978
979
980

any aidwith

981

982
983

A:

984
985

986

)81
988
989
990
991
992
993
994
995
996
997
998

999
1000
1001

1002
1003

1004
1005

1006
1007
1 008

Q:

A:

-

scene that's all

I got.

to him?

I didn't - I didn't have a chance. I mean that was the - I was intent on
moving to that step as soon as I finished making sure there was no other
weapons or a gun on him. Uh, but that got cut off because I was told, "Stop.
Stop." And then we were pulled up and off the drive. I didn't - I didn't have
achance.
'When

you were doing a, um, when you were patting him down, the really
quick pat down, um, could you tell whether he was breathing?

Um, his - when I moved his arm behind his back, uh, he felt limp. Uh, I - I
couldn't tell with that thick, uh, sweatshirt he w- he had on. I couldn't tell if
he was breathing or not. I didn't look at his head. Uh, I was really sort of
tururel-visioned on the hand. Uh, moving it around. LIh, handcuff goes on
and I'm right there next to the small of his back. And so I'm thinking, okay
well let's check this area. Roll him slightly over and check the - the front and
- and, you know, already Jeff I think was saying,"Okay, all of you let's we're out of here. Back up." Uh, it - it seemed like pretty.- pretty quick
order there was, uh, I think medical had staged at some point. I never really
ob- I never really remember hearing, uh, any re- I mean there's quite a bit of
this call and orgatization that it happened before Sergeant Krummenacker
says, "Hey, why don't you go to that call?" It's quite a bit of things and - and
I'm coming in at the tail end of it and that I wasn't privy to. So I don't recall
them - anybody really making an order to stage. Uh, but I believe that they
had been staged because while \Me wsre walking, um, away from the scene,
uh, south on Wall Street, um, the medical folks were passing us. Uh, driving
up into the scene. So, uh, they were - they were there in very short order.

)09

23

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 2075-4545

1010 Q:
101

1

Do you have any idea on the
driving in?

-

on the timeframe?

'Were

they

-

and they were

t0t2

1013

A:

They

Q:

llh,

A:

...they drove in.

Q:

...walking out?

A:

Yes, while...

Q:

Okay.

A:

...we're walking. So I mean what, you know, however long it takes us to
walk from, you know, the scene up to where we were parked, uþ, you know, I
don't remember exactly where we're at when they passed us. But I mean
that's a short distance. So they were - I don't know where their staging point

1014

101s

-

they went..

.

passed when you guys were..

1016

1OI]
1018

101e
1020

t02t
7022

1023
1024

1025
1026
1027
1028
1

029

was.

)30

1031

Q:

Okay.

A:

I didn't even know they were staged, but it was clear given how quickly they
were on scenefhat they must have been staged just down the road. Um, I
don't remember any radio traffic. You know, just knowing how, uh, you
know, Clackamas County procedure is, you know, somebody would have
said, "Okay, hey send in medics," or something but I - I don't remember all
that. I don't remember a lot of the ra- radio trafÍic.

Q:

lJm, was it, uh, was it an ambulance? Or was it

7032

1033

1034
1035

1036

t037
103 8

1039

1040

a

fire truck, do you

remember?

1041

t042

t043

A:

It - it was some sort of fire - I think - I think it was, you know, what is that
Colton Volunteer Fire or whatever they are down there.

Q:

Okay.

1044

t045

1046
1041

1048 A:
1049
1050

1051

Q:

I - I think it was them. I don't remember it being an AMR because they're
kind of a whiter and I think I remember a red vehicle of some sort going by.
Did you think that he was, um, that the suspect was dead when you left?

)52

24

 INTERVIEW WITIJ DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case # 2015-4545

10s3

A:

No. I didn't rcalize it. Uh, in fact, I didn't- I didn't know until we got back
to our cars.

1054
1055
1

056
7057

Q:

Did you see any wounds on him?

1058
1 059
1060
1061

A:

I couldn't tell where it was coming from. And I
- I saw a hole in his sweatshirt that was kind of in a- on - on his back. So it
looked - and it was - the sweatshirt was kind of like torn outwards. Looked
like an exit wound. Arìd, uh, and then that was by one of his shoulder blades.
Uh, but I didn't really get a very good look at his front. Said I was behind him
and I rolled him only partially just to check the front. I didn't even get a

1062
1

063

I

- I saw a littie bit of blood.

chance to see what the other - the other knife-bladed thing was because we
were pulled out of there so quickly.

1064
1065

1066
t067

Q:

And so he actually

068
1069

A:

We did handcuff him.

Q:

Okay. And that was Deputy McBride that handcuffed him?

A:

Yeah with me assisting.

Q:

Okay.

A:

It was his handcuffs.

Q:

Okay.

Ql:

I

A:

No.

- he was handcuffed?

Or he was not handcuffed?

1

ljt0

'

7071
1
072
)13
1074
1075

r076

rjt1
1

078

1079
1080
1081

7082
1

083

1

084

1085

just got one more. Um, post incident. So after he's handcuffed, uh, you
guys are getting moved away, was the scene altered in any way?
'We

were - I mean I - I don't know what happened after we walked away
from him, but you know, I - I did move him when I rolled him partially, uh,
partíaIly over to, uh, frisk that front waistband area. Uh, but the - that's
that's the only movement, you know. Um, fire personnel went there, so I
don't - I mean they can inadvertently kick things around or whatnot as they,
uh, sometimes do when attempting to render aid. Um, I mean I - but none of
that - we were - we were away from him at that point. So I - nothing that I

-

1086
1087
1088
1089

1090

saw.

1091

1092
1093

,,

1094
)95
r

096

Ql:

Okay. Uh, was your vehicle moved, started anything after the incident?

A:

Yeah, uh, yeah it was - it - well it was left on scene until detectives were
there and, you know, all the - all the people that arrive for these things. And,
25

 INTERVIEW \VITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 am
Case# 2015-4545

um, it was left on scene aîd af some point the car, uh, was - was driven over
to the, uh, fire station where we had kind of met to debrief and run through
some - run through some of the things that we gotta run through. And, uh, so
somebody moved my - I don't know who moved my car.

1097
1098

1099
100
I 101
1

al:

But, uh, prior to detectives getting to it, when you guys were headed up the
hill, did you get in...

A:

Yeah, no.

Q1:

...and move your vehicle?

1 109
1110

A:

No

1111

Q1:

Start

1113

A:

No.

111s
116

Q1:

Nothing? Okay.

A:

Um, somebody - I did have my b- my rubber gloves on and, uh, we had
gotten back to the cars and they're terribly sweaty, you know, as time goes on
and of course we were - we were feeling some adrenaline and - and it's a lot
of physiological things going on. And, uh, Scott and I had those gloves on
and we were - I think it was Scott. I had my gloves on and one other deputy
had their $loves on and we were, uh, sweaty. And, uh, somebody had gotten,
uh, a couple of paper bags out and we individually put our, you know, we kept
them separate.

Ql:

Okay

A:

Uh, put them in a brown paper bag. Uh, and then I think they're labeled with
like my last name. And then when I threw them in the bag I looked at the- the
time on my phone and wrote the time on it. So whatever time that was.

Ql:

Were there any other steps to secure the scene before you guys left?

A:

Uh, there was -there was a Molalla, uh, Corwin, uh, Molalla offtcer and she
was, uh, sort of in atrafftc control type position on Wall Street, well away
from, uh, from the house and from the scene. Um, and in fact was firrther
south than even, uh, maybe even our parked patrol cars. And she had runstarted running some crime scene, uh, crime scene tape around. Um.

1r02
1

103

1t04
1

105

1

106

1r07
1

108

ltt2
III4

it? Did you

use your MDC?

1

.

It7
11 18

1119
7120

7r2l
IT22

tt23
7r24

rl2s
I126

tt27
TI28

tt29
1

130

1

131

7r32
1

133

TT34
1

135

1136
1t37
1

"

138

,39

26

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det, Dan Smith
02-18-15110:49 arn

Case# 2075-4545

tt40

Ql:

Uh, last, has anyone discussed details of the incident with you? Or have you
learned anything about the incident from anyone else?

A:

I saw on the newspaper, uh, that the guy's name was, uh, I think it was Bruce

1r41
1t42
1143

Steward or Seward or something like that. Um, but no I haven't learned any in fact, I've got quite a few questions myself.

1t44
1145

Ir46
tt47

all I got.

Ql:

Okay. That's

Q:

Um, when the suspect had - the suspect was stopped. And then, um, you all
were engaging with him verbally when he started to move forward that second
time after being stopped.

A:

Mm-hm.

Q:

V/as there anything, um, substantial between you and him?

1r57

A:

I don't understand.

1s8
159

Q:

160

there any large rocks?
Um, like was there a big tree between you guys?
Or anything that would impede him from being able to reach you? Or, um,

161

another deputy?

- that's

1148

1t49
1 1s0
11s1

tts2
1

153

IT54
1

155

1

156

1

1

1

'Was

lt62
1163
7164

A:

No. I - I thought he was - I thought

165

Q:

Okay

Ql:

And I guess that - that brings up one question. You said, uh, that he stopped
for a minute. His distance was how far away approximately? I know you're
just guessing, but when he's hesitating there and you guys are giving
commands, what was his distance?

A:

I didn't

Ql:

Okay. And

A:

I thought it was a distance that he could cover, you know, within seconds,
fractions of seconds.

Q1:

But when he began approaching and you guys engaged, do you know
approximate estimate of this distance again?

A:

Uh, I felt like he take - took iike a couple of steps. They were fast and he was
moving.

1

he was coming for us.

1t66
1t67
1

168

1

169

tI70

lt7I
l172

- I - I felt like it was, you know, 15 to 20 feet. Something like that.

7173

tt74

IlTs
1t76
1177
1

-

and then he began...

178

1t79
1

180

1

181

,82

írs:

27

 INTERVIEV/ WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-15/10:49 ant
Case# 2015-4545

i 184
1
1

185
186

rl87
1

Okay

A:

And, you know, I don't

- I don't know how far.

188

i 189
1

Q1:

Q:

190

1191

Do you remember looking at this photo - I'm referencing photo D. Uh, the
Y" x 77 . This cedar tree, do you remember that at alI? Uh, as sort of a
reference point?

tr92
l193
1t94

A:

Not really. No.

195

Q:

Okay. IIh, there were some black gloves that we found that
edited photo A right there and added a box.

A:

Sure.

1

t196

are

-

obviously

8

I

1197
1

198

tl99
1200
7207
1202
1203

Q:

Um, and then there's an annotation says "black gloves" on it, uh, there's a - a
couple of latex or nytrol, whatever they are, black gloves in a pile there, uh,
that we found. Are those - do you know if those are yoru black gloves?

)04
l20s

A:

No, they're not mine.

1206
1201

Q:

There not yours.

r208

A:

X4ine went into the paper bag.

1209
7210
T2IT
7212
1213
1214
1215

Q:

Yows went into the bag, that's right.

A:

With my last name on it.

Q:

Okay.

1,216

A:

On the patrol car.

Q:

Do you have any idea whose gloves they are?

t220

A:

No.

7221
t222

Q:

Okay. Um, any other questions about the incident?

Ql:

No

Q:

Do you have anything to add about that- the incident itself?

t2l7

l2l8
t2l9

1223

1224
1225
,i.

!26

027

28

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewer: Det. Dan Smith
02-18-75110:49 am
Case # 2075-4545

7228

A:

Not that I can think of right now.

t229
1230
I23T
7232
1233
1234
7235
1236
1237
1238
1239
7240

Q:

Do you have anything to add about, um, regarding your physical condition or
mental state, um, that had any effect on, uln, on your judgment during the
incident, in your opinion? Like, uh, whether you were sick or injured? Um,
or anything else regarding your physical or mental condition?

A:

I was scared. But not sick or injured.

Q:

Do you have anything else?

Ql:

No.

724t

Q:

Um, do you have anything to add while we're, uh, still on the recording?

A:

Yeah not that I can think of.

Q:

Okay. Thank you for coming in. I appreciate it.

A:

Yeah.

1242
7243
7244
1245
1246
1247
148

t249

Q:

1250

125t

lJm, we can, uh, our plan was to, uh, turn this off. Um, and you said that you
did have a couple of questions? Um, we can answer those. Um, did you have
something to say?

7252
1253
7254

Q2:

No.

t2s5

Q:

No? Uh, we

r258

A:

Sure

1259
1260

Q:

And, uh, we want their

A:

Of course

Q:

V/ith - with the information that, uh, that we would like to know what you
thought at the time and what you knew at the time, not what you read later on.
IJm, so it'll obviously be you're still under the same order that Sergeant
Koliias gave you in the beginning not to discuss this incident with the.. .

A:

Right.

Q:

.

1256
1257

it's important when we answer those

that, um, obviously we have two other interviews to do.

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carr answer those. Um,

- those interviews to be as pristine as possible.

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..involved parties. IJm, so that will continue
29

 INTERVIEW WITH DEP. JOSHUA EAGLE
Interviewe¡: Det. Dan Smith

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A

Of course.

a

But we'll be glad to answer some questiorts, um, after I tum this off.

A

Sure. I have no intention of discussing the incident. Uh, you know, I - I
received one text message from Scott who just said, "Hey, how are you guys
doing?" LIh, just checking in on me. But, you know, we're not going to
discuss the incident. I don't have any intention of doing that.

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Q:

Okay. Okay, uh, if you don't have anything to add,I don't. I'11tum this off.
It's, uh, approximately 12:09-

i"his tanscript has been reviewed with the audio recording submitted and it is an accurate

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30

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