By Everton Bailey Jr.
The Oregonian, Portland, Ore.
BEND, Ore. — An Oregon State Police officer was justified in fatally shooting a man in May who charged at him with a knife after he held a gift shop employee hostage at Bend’s High Desert Museum, the Deschutes County District Attorney announced Wednesday.
An investigation determined Nicholas Berger was depressed because his marriage had ended and he couldn’t find a stable job or a place to live after recently moving to Bend, District Attorney John Hummel said. Berger also struggled with several drug addictions, Hummel said.
He ultimately chose “suicide by cop,” Hummel said.
Senior Trooper Richard Brannin shot Berger three times on May 31 after the 36-year-old ran at him while clutching the knife, screamed for Brannin to shoot him and ignored the trooper’s commands to stop and drop the blade, Hummel said.
Brannin fired his Taser, but two blasts from the stun gun, including at least one that hit Berger in the chest, didn’t stop him, the investigation showed.
“It was only as a last resort, as he was getting backed up against a wall while Berger continued to advance, that Brannin shot Berger,” Hummel said in a statement.
Brannin, a 13-year police veteran, was the first officer to arrive at the museum and went in alone rather than wait for backup because he felt he had to act quickly to protect the employee held captive by Berger, the district attorney said.
Brannin told investigators that he believed the 6-foot-6, 400-pound Berger would have killed him with the knife or by sheer force due to his size if he hadn’t fired his rifle.
Berger, who was from California, died soon after the shooting. Toxicology tests found Berger had methamphetamine, amphetamine, hydrocodone, codeine, Zoloft and Paxil in his system when he died, Hummel said. He had no prior criminal history.
According to the district attorney’s office, Berger’s wife ended their relationship in January and was granted a restraining order against him. She claimed he was addicted to meth, had delusions of people watching them and talked about suicide.
Berger moved to Bend after the separation, but couldn’t keep a steady job or housing, Hummel said. Berger’s mother reported that he was addicted to OxyContin, heroin and methadone and stole pain medication from a relative in Bend nearly a week before the shooting.
Berger called his mother on the day before his death and told her that no one loved him, Hummel said. He also told his mother that no one would miss him if he was gone.
Berger arrived at the High Desert Museum the next day about two hours before closing time. He browsed through the gift shop for about 20 minutes, then went behind the counter and grabbed employee Amanda Berry when she was alone in the shop, Hummel said.
Berger dragged Berry, 39, through the museum in a chokehold while carrying a knife. He threatened to hurt or kill the woman if anyone intervened. A few patrons did intervene and Berger eventually let Berry go.
Berger then cut his forearm with the knife and went to the courtyard outside the reptile exhibit, Hummel said. Three museum employees offered to help him, but he told them that he was ashamed that he had grabbed Berry, claimed he “just wanted to die” and asked them to tell his mother that he loved her.
Berger went back into the museum when Brannin arrived. The trooper fired his rifle as Berger was within two steps of him, the investigation indicated. One of the bullets sheared off the top half of the blade on Berger’s knife.
There were five museum employees in the building when the shooting occurred, but none of them saw it.
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(c)2016 The Oregonian (Portland, Ore.)