TO:

Steve Powers
City Manager

FROM:

Jerry Moore
Chief of Police
Skip Miller
Deputy Chief

DATE:

June 24, 2020

SUBJECT: Review of Protest Events

The City of Salem provides resources, including police officers, to assist lawful assemblies and
demonstrations. The Salem Police Department’s Mobile Response Team (MRT) helps all participants
enjoy their demonstration in a safe and controlled environment free of various forms of interference.
As necessary, the team will provide traffic control, encourage participants to use sidewalks, obey all
traffic laws and allow participants to peacefully and lawfully exercise their Constitutional Rights.
OVERALL OBSERVATIONS
For the first time in the history of Salem, the Salem Police Department was involved in crowd control
events that resulted in riots, property damage, arrests and the deployment of munitions utilized to
break-up unlawful activities. We were placed into a position of making decisions in an environment that
continued to change and evolve quickly and dynamically.
There were many lessons learned and even as we went from one operational period to the next, we
were able to adjust some of our operations from the previous night(s).
In most other time periods, if faced with similar circumstances as those outlined in this report, the
department would have been able to call on other agencies to assist us. Our events were similar to
events that Eugene experienced and ones that Portland experienced to a greater degree than we did.
Without exception, the events that led to enforcement actions in the City all started at the Capitol. This
is not an area where we generally enforce laws, as the Capitol has its own State Troopers assigned to
enforcement. Additionally, there are some unique laws and exceptions to laws that do not necessarily
match up to other state laws/city ordinances. Due to events that were going on around the State, we
were not able to rely on other agencies to assist us. OSP was not even able to provide their normal level

Dedicated to keeping Salem safe by providing superior police service.

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of response to the events that took place on State property. This is not to be taken as a criticism; OSP
had over 100 troopers in Portland assisting with their riots.
The Salem Police Department took some of its harshest criticism for using crowd management
techniques that involved CS gas and other munitions on “peaceful protestors.” There is video of the
events that led up to the use of munitions on the crowd. Those events show the crowd launching and
throwing items at our officers. There are also people in the crowd who brought or ended up wearing gas
masks, riot type gear, milk to aid in the washing of CS gas, and explosive devices along with sharp
objects to damage vehicle tires or officers’ feet. In all our years as a City, we have never encountered
this type of wide spread behavior in such a short period of time. We provided repeated verbal warnings
for people to leave the area, yet people remained with the intent to engage in illegal activities, including
attempts to assault police officers.
While the protests alone were challenging for the department to respond to, the militia group that came
into the City created even more challenges. It is ironic that a group that has created multiple issues
around the State and has made repeated disparaging comments toward law enforcement and elected
officials would end up causing us to be on the defensive for how we tried to control the situation. This is
noted, as other areas of the State have had previous militia groups occupy locations for nearly three
months and still end in deadly use of force scenarios and situations.
The department received additional criticism for not arresting or taking enforcement action on a group
of armed militia who responded to the City after a request for protection from a local business owner.
This group created a clear safety concern for our community. We routinely attempted to gain voluntary
compliance on issues surrounding the City Emergency Declaration and issues surrounding curfew. Some
of the criticism we have received is a result of people not understanding Oregon or Salem Revised Code
as it relates to open carry, more specifically what the Salem Police Department has the legal authority
to enforce. Additionally, some of the words or actions many officers used, with the goal of deescalation, has created a belief the City was supporting the militia’s efforts.
Oregon is an open carry state and there was no evidence that Salem Revised Codes were being violated.
The City did have an ordinance in place regarding sidewalk behavior as it relates to the Emergency
Declaration but for the most part there did not appear to be violations of law that created an objectively
reasonable governmental interest in a law enforcement response. The department was thoughtful in
weighing options and evaluating the past responses of other law enforcement agencies around Oregon
and the United States as it related to this or similar militia type organizations.
It is unfortunate there are not more videos circulating that show our officers shaking hands with all
groups who were talking to us or offering us their hand. It is unfortunate there are not more videos
circulating of us telling all people we met, who were not engaged in active hostilities toward us, to
please get off the street, into a business or into their vehicles. These events did take place. Equally
important, the Salem Police Department, as an organization, did not and does not side with the militia;
and our attempts to de-escalate tense situations is not a result of officers being “white-supremacists”.

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The widespread, controversial video of our officer interacting with the armed individuals was an
example of what officers throughout the city were doing - making every effort to deescalate tense
situations and convince everyone to abide by the laws so that no one would be arrested. Based on the
fact that no one was arrested simply for curfew anywhere in the city, it appears that approach was
successful.
What the Salem Police Department did was ensure that in times of extreme tumultuous events
occurring in our Nation, State and Community, police officers kept people and their property safe.
With many of our officers working multiple days with only three to four hours sleep, the worst known
injuries to anyone involved in the protests/riots was a young woman who had another protestor hit her
in the head with a brick that was being thrown at our officers. Officers responded by providing first aid
and ensuring an ambulance transported her to the hospital.
The department did not make a bad situation worse with the armed militia who have repeatedly made
threats to law enforcement and the government. We did, however, ensure they did not engage, or
continue to engage, in open conflict with the other protestors and rioters, even when we had
information that members of both groups were desirous of open conflict. Ultimately, we were able to
persuade them to leave.
The final area which needs to be addressed is in setting up better time frames for our supervisors and
officers’ work periods. They all worked to the point there was a concern we would start seeing
additional injuries or mistakes due to lack of sleep and mental/physical exhaustion. While we hope to
never experience times like these again, there will be a need to address a rotation of supervisor and
officer coverage that allows for more time off prior to returning to deal with the issues at hand. Ideally,
a recommendation implementing 12 hour shifts and canceling days off for our officers would be made.
Unfortunately, by the time this need was recognized, we were well into the operations and nearly past
the need to do so.
The department is a learning organization and we have learned a lot over the past few weeks. We have
made changes to the issues we recognize and understand needed changed.
BACKGROUND
Prior to the events on 05/30/2020 the City was dealing with issues surrounding the State and City
closures of businesses due to COVID-19 concerns. On or around 05/04/2020, a local business owner had
very publicly announced she was going to re-open her salon in Salem. The owner reported receiving
threats and made a request for armed citizens to come to Salem to protect her business. In response,
multiple armed individuals arrived in front of the business. Salem Police officers contacted some of the
militia members on 05/06/2020 and advised them they were in violation of the City’s Emergency
Declaration and provided them with copies of the order. The militia members and other protestors who
had gathered in front of the business stated they would not leave of their own choice and would have to
be arrested. As the department prepared to respond and potentially issue citations or arrest for
violations of the Governor’s and the City’s orders the group called for more armed members to respond

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from all over the Northwest to assist in their cause. Ultimately, the group complied to some degree with
the City’s Emergency Declaration and the decision was made to not escalate the situation by further
police response.
Several factors guided our decision to take no further action. The group, while larger, began to abide by
the emergency declaration by social distancing and marching, rather than remaining stationary.
Additionally, the group included women and children who had responded to the scene. Finally, and
perhaps most importantly, we made the decision that escalating an already tense situation with a group
of armed individuals who had made anti-government and law enforcement statements, mixed amongst
men, women and small children was a poor decision and tactically unsound.
30 MAY 2020: Saturday
During the early morning of 5/30/2020, Deputy Chief Miller received an official request from the
Portland Police Bureau to help them in controlling the riots that had erupted in Portland. Around the
same time, we also received a request from Eugene Police Department to provide them with assistance,
to help with their concerns about rioting in their city. The scope and scale of these riots were greater
than either city had seen recently. In fact, the attack on the justice center showed a marked deviation
from previous riotous behavior.
During the afternoon of 5/30/2020, Deputy Chief Miller and three Lieutenants went to Portland to
attend their briefing for their planned events and potential responses over the next 12 hours. Prior to
going to Portland, we were starting to hear about a planned protest in Salem. The protest in Salem was
scheduled to start at 2200 hours. In addition to the protest information found on social media, we
started receiving information from multiple sources that there were groups intending to loot, riot and
commit acts of arson. Based on the above information, we informed Portland Police we would remain in
Salem to ensure we were present to try and maintain civil, non-violent protests and keep the peace in
our own community.
The event in Salem did not have a permit to operate at the State Capitol or for street closures within the
City of Salem. Lt. VanMeter, the Emergency Operations Group Commander for the Mobile Response
Team (MRT) contacted the person who was involved in organizing the event. In speaking with her, she
said she was going to work on canceling the event due to safety concerns involving protestors and
armed militia.
At around 2000 hours Deputy Chief Miller was informed we had a city-wide curfew declaration that
could be enacted if needed. Deputy Chief Miller asked Chief Moore whether we were going to put the
curfew into place immediately and was informed the decision had been made by the City Manager to
wait and see if it was needed. The patrol lieutenants who were involved in the operation were briefed of
the curfew and informed they could request its implementation if we started experiencing rioting,
looting, disorderly conduct, obstructing bridge and traffic lanes, like what had been taking place in
Portland or Eugene.

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At around 2100 hours a crowd of approximately 100 people started marching West on Court Street NE
from the Capitol without a permit and with no traffic control measures in place. We did not attempt to
direct or control the march route until the protestors had passed the militia group several times. Each
time the two groups encountered each other the posture and tension of each group visibly increased.
Ultimately, Lt. VanMeter, other supervisors and Salem Police officers attempted to employ traffic
control measures to ensure the safety of those who were participating in the event and reduce the
chances of a confrontation between the protestors and the militia.
By 2130 hours the crowd had grown to several hundred people who continued to march through the
streets of Salem shutting down multiple lanes of traffic. Our officers continued to block traffic and
redirect both vehicular and the pedestrian traffic in a manner intended to keep everyone safe. By 2240
hours one of the march organizers contacted Lt. VanMeter and asked for assistance in trying to get the
group of protestors back to the State Capitol. We assisted by providing traffic control and directions to
the protestors to return to the Capitol. By 2300 hours the large portion of the protestors had returned
to the Capitol and the organizers announced the protest was over. At this point some of the people who
had been protesting left; however, between 150 to 200 people remained, and some started spraying
graffiti on the property surrounding or on the Capitol property. By 2318, the large group still at the
Capitol left and started moving west on Court Street. Additionally, we started receiving information that
an armed group of protestors were marching toward the militia group in order to provoke a
confrontation.
In an effort to prevent a potential violent conflict between the protestors and the militia, attempts to
destroy the new police building, and the continued vandalism to business owners’ property (as had been
witnessed at the State Capitol) the decision was made to block Court Street at Winter Street NE.
Commands over a loud speaker were given for the group to return to the Capitol or to leave the area. At
approximately 2323 hours Deputy Chief Miller received information that officers were having items
thrown at them. Items included water bottles, bricks, rocks, glass and explosive devices. Deputy Chief
Miller informed Lt. VanMeter to continue to provide announcements for the crowd to leave
immediately. Ultimately Deputy Chief Miller authorized the use of CS gas as to prevent officers from
being injured by any of the projectiles that were being thrown at them. Deputy Chief Miller also
requested the Chief enact the curfew.
At around 2330 hours the crowd was informed there was a City curfew in place, and everyone needed
to leave. At approximately 2333 hours, after continuing to have explosive projectiles, rocks and bricks
thrown at them, MRT deployed CS gas on the main body (consisting of approximately 100 people) of the
crowd. At this point our MRT was divided into two squads, as one squad was forced to engage the militia
group (some of whom were equipped with plate carriers and had open carry rifles or handguns) and one
squad was with the main body of protestors. The militia group and a smaller group of protestors had
started engaging in fighting/tumultuous behavior occurring approximately half a block away from the
other MRT squad and main group of protestors. The MRT squad assigned to the militia group, deployed
munitions to break-up the fights and ensure the two groups were separated. MRT was ultimately able to
separate the two factions; everyone in the group that had been fighting was dispersed.

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Eventually MRT was able to concentrate on the main protest group and was able to generally disperse it.
As the crowd on Court Street began to disperse, we then received information that the Salem Center
Mall was being looted. As MRT responded to the location they continued to receive hostile behaviors
from those who were protesting in the area. Commands were repeatedly given for everyone to leave
the area and go back to their vehicles. As officers attempted to move the crowds and get them to
disperse, they were continually having objects and explosives launched at them. At one point they were
able to ensure that while there was damage to the mall there was no actual looting taking place.
Once again MRT had to split its resources between two crowds. One crowd had formed on Chemeketa
Street and one had formed on Liberty Street. Both crowds were still throwing objects at officers. The
crowd on Liberty Street posed a unique issue that night as the protesters began to intermix with
bystanders who were protecting their businesses, leaving businesses or just watching events unfold.
While the team was still split and continuing to deal with hostility and aggressive rioters, two of the
protestors ended up in a motor vehicle crash in the intersection of Court and High Street NE. The drivers
of the two vehicles, along with other vehicles, had been following the crowds and were doing “cookies”
in the intersections as well as engaging in other reckless driving acts. Officers then had to respond and
care for those involved in the crash while still trying to control the hostile group that was around them.
Ultimately, after securing the crash site, medics transported one of the patients to the hospital. It was
shortly after this that the protestors and rioters left the area. We were subsequently able to get most
people off the street and by 0300 hours 5/31/2020 we did not have anyone rioting or protesting left on
the streets. We did still have multiple people wandering around or standing in front of downtown
businesses but none of them appeared to be involved in unlawful behavior aside from violating the new
curfew. It should also be noted that we were using the curfew as a tool to help stop riotous behaviors in
our City. There were no arrests made that night as it related to the protests, riots or curfew.
Critique:
Faced with multiple objectives of: (1) ensuring the two groups (protestors and militia members) were
kept apart; (2) controlling the movements of those committing unlawful acts; (3) protecting the safety of
the marchers from vehicle traffic (4) deescalating and dispersing both armed militia and protesters; and
(5) protecting downtown business from property damage and looting; no arrests were made as we did
not have enough officers to meet all of the above objectives. Instead, due to the limited staffing, we
focused on trying to keep the two groups separated and everyone safe while remaining adaptable in
order to react to the continually evolving situation.

Command staff did not properly brief on the curfew, as there was not time to do so. Future orders like
the curfew should not be implemented prior to ensuring all officers understand what is permitted/not
permitted prior to utilization. In this situation, that would have resulted in the curfew not being put into
place on this date/time.

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Additionally, the Long Range Acoustic Device (LRAD) was not set up prior to the event taking place. The
LRAD is an important piece of equipment in crowd management situations. The LRAD can be clearly
heard over large crowds, background noise and over long distances. We know that providing clear,
audible directions and information to crowds is important. People need to know where they can and
cannot gather, if their assembly is legal and what exit routes are available if the group is ordered to
disperse. Additionally, the LRAD allows those breaking the law to be warned of the consequences of their
actions. Utilizing the LRAD to provide this important information also creates distance between
protestors and officers which can reduce the chance of confrontation between the groups. The delay in
the deployment of the LRAD was partially due to the change from our operation going to Portland to
assist them and then the last-minute change to stay in Salem.
While there were appropriate team briefings, it is unusual for our MRT to not have more time to prepare
for organized and coordinated protests in Salem. As this was an impromptu event, our ability to research
and establish routes of march or coordinate with organizers was limited or otherwise non-existent. We
are typically engaged when permits are sought to close streets in support of a safe marching zone. This
occurs weeks in advance of a planned event.
31 May 2020: Sunday
On 5/31/2020 we had our MRT on stand-by for deployment. We knew there was another planned
protest for 2200 hours but there was no known point of contact for organizing the event. At around
2057 hours we were informed that an impromptu group of protestors started marching from the Capitol
and ended up blocking the Marion Street Bridge. The group was estimated to be around 300 people in
total.
Upon hearing the protestors had blocked the bridge, Deputy Chief Miller authorized MRT activation and
by the time the team arrived the protestors had left the bridge and returned to the Capitol. Deputy
Chief Miller was informed that this group of protestors appeared to be more agitated and hostile than
the original group of protestors from the previous night. Additionally, we were informed that members
of the group were handing out gas masks to others in the group. Shortly after we heard about the gas
masks being handed out, we learned they were marching from the Capitol headed back toward the
Center Street Bridge. The group was once again shutting down traffic and appeared to have the intent of
blocking the bridge traffic.
MRT formed a line at Liberty and Center Streets and as the crowd approached the LRAD provided
announcements that there was a curfew in place and the protestors need to leave the area. At around
2155 hours projectiles, specifically mortar fireworks and other improvised explosive devices were
thrown at Salem Police Officers. There were also rocks, bottles and bricks, large nails or other sharp
objects being thrown at the officers. It is unknown if the nails were being thrown to cause injuries to the
officers’ feet, as several officers ended up with the nails stuck in their boots, or if it was intended to
disable our vehicles. In the end I believe the City had to repair or replace 19 tires to its police fleet. It is

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unknown how many other vehicles in the community also received flat tires from these improvised
devices.
At 2158 hours, Lt. VanMeter authorized the use of CS gas and other munitions on the unlawful
protestors and those launching items at the officers. LRAD announcements continued to be given. While
we are not aware of any injuries to those in the crowd due to police actions, we were able to assist one
female protestor who officers witnessed being struck in the head by a brick thrown by another
protestor/rioter. After providing medical assistance and ensuring she was safe we had her transported
to the hospital via ambulance. While continuing to try to disperse the protestors, we were able to see
more of them putting on riot type gear and more gas masks.
Although MRT disengaged the protestors/rioters on two occasions (with the intent of deescalating the
situation) the group failed to disperse. Even after continually providing them lawful orders to leave, the
protestors continued to remain energized and at one point surrounded an occupied vehicle driving on
Court Street and started jumping on the hood of the car. When protestors surrounded the vehicle, MRT
and other officers moved in to affect a vehicle rescue. As the protestors saw police vehicles and MRT
move into the area they began to disperse in multiple directions. It was after the vehicle rescue that the
majority of arrests were made.
The department made 14 arrests for trespass, rioting and disorderly conduct. Additionally, after the
arrests were made, it did appear to help in getting the others in the crowd to leave the area and stop
rioting.
At approximately 0106 hours on 6/1/2020 we ended the crowd management operation. While there
were still numerous people wandering around the downtown and Capitol area, there were no longer
groups blocking the road or committing other unlawful acts separate from the curfew violation.
Critique:
Deputy Chief Miller chose not to deploy MRT to peaceful protests due to concerns that police presence at
that time may have inflamed he situation. The delayed deployment of our MRT, in hind-sight, may have
been the wrong decision as it allowed more time for people to engage in unlawful activity. Deploying the
team earlier may have resolved the situation sooner. It also cannot be underscored the importance of us
determining who is organizing a protest and subsequently establishing communication with them both
prior to and during the event.
Since the previous night was the first time we had ever operated with a curfew in place for the city and it
was the first time we had responded to actual riots on the streets of Salem, we had tried to make
improvements to our previous night’s plans. Among those changes: We activated members of the SWAT
team at the outset to help secure the new police building. We also used members of SWAT to assist as
arrest teams for MRT. They were utilized due to the ability to get them into the department quickly upon
request and because they are the only other team that is equipped with gas masks.

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We also utilized members from the Criminal Investigations Section (CIS) to assist with charging
documents and interviews and a transport van from Marion County Correctional Facility (MCCF) to assist
with moving those who were arrested. While this plan was beneficial, there were issues with charging
documents and officer reports. Mostly this was a result of lack of coordination between the arrest teams
and the teams managing the charging documents, who were working at different locations.
One resolution to this was to ensure that all officers would write reports prior to going end of shift during
future operational periods.
01 JUNE 2020: Monday
On 6/1/20 MRT was again deployed to support a protest event at the Capitol and a planned march to
the new Police Department. The march was to take place after the City curfew and was not permitted by
the City for street closures or traffic control. However, a decision was made to allow the march and not
enforce the curfew ordinance. This was done to facilitate the peaceful expression of free speech and
protest. In our conversations with the organizers leading up to the event, we recognized the event was
organized by someone who was working to prohibit unlawful behavior of anyone in the crowd and at
one point even drew attention to a group he suspected was going to try and create problems. The
march went from the Capitol to the new police station and we ensured the safety of those marching by
closing the streets to traffic. Two of our lieutenants walked with the protestors and tried to build
relationships with those who were participating by engaging with portions of the peaceful
demonstrations.
Aside from the curfew violation and the unplanned/permitted closure of streets, the organized portion
of the event did not result in any unlawful acts. At approximately 23:05 hours, about 75 people left the
Capitol and walked to Center and Capitol Streets NE where they blocked the road. MRT responded to
the location and used the LRAD to give commands to leave. The protesters/rioters then began throwing
projectiles at the officers. No CS gas was used (due to the crowd size being smaller than in previous
nights) to encourage the rioters to leave; however, sound diversion devices were used, and several
people were taken into custody. Following the arrests of nine protestors, the rest of the
protestors/rioters left the area. As with the previous night(s), there were no arrests for curfew
violations. Curfew violation was an additional charge to rioting and disorderly conduct.
The operational period was completed by 0100 hours and MRT stood down. No other enforcement
actions were taken that night and no other laws, aside from the curfew violation of numerous people
walking around downtown or at the Capitol were observed. While people were warned for curfew, if
they were not actively engaging in other unlawful activities, no arrests were made.
Critique:
The department once again made use of arrest teams. This worked well in allowing MRT to focus on their
sole job as crowd safety and management.

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There was still some confusion with the custody teams consisting of CIS as it related to communication in
how many people we had taken into custody. MRT was aware of the arrests they had made but there
were other officers and supervisors working in the area as support for MRT who also had people in
custody. The result was a slight delay in determining how many arrests/ juvenile referrals we had.
Throughout all the above operational periods we had four detectives on duty to secure the new police
facility. We should have arranged for a private security company to provide security for the building
sooner.
Operationally, MRT, SWAT, and supporting officers were facing exhaustion from the long hours, stressful
conditions and lack of sleep/time-off. Had Portland not been in an even worse position than we were, I
would have made the request of Oregon State Police to assist us in MRT operations.
There were other events and protests we participated in over the next two weeks. While we still
maintained a large officer presence to ensure the safety of all those involved, we did not take any
enforcement actions on anyone who was involved in protesting or counter protesting. OSP did
investigate one incident of a reported harassment, that occurred at the Capitol. I do not believe that
investigation has resulted in an arrest.
Based off the crowd and organizers (for the event on 06/01/2020) requests for more officers to be
present to speak and engage with, we ended up forming a team of officers who were able to connect
with members of subsequent protests. This proved beneficial in helping to assist in opening lines of
communication and promoting peaceful protests.