Body Worn Camera Footage Released to Pending Open Records Requests

Milwaukie Police News Release

Milwaukie, OR - Milwaukie Police have completed the review and redaction of applicable involved officer body-worn-camera (BWC) evidence of the incident involving police officer behavioral health hold and subsequent transport of Jean Descamps on December 13th, 2023. Open records requests were previously submitted by members of the media to view the BWC footage. The Descamps family and other involved parties of interest have had the opportunity to view the footage and those open records requests can now be honored.

Milwaukie Police Department policy 449 directs officers on the use and parameters of BWC usage. One such applicable policy is the operation of the BWC in a hospital or medical facility, which states an officer will not record; “In a hospital or other treatment facility setting, unless responding to a call for service that is in progress inside the hospital or treatment facility. Members (Officers) should be careful to avoid recording persons other than the victim(s), suspect(s), or witness(es) who are deemed relevant to the matter being investigated in these locations.” In this instance, the primary officer’s camera was activated inside the medical facility because the call involving Mr. Descamps was in progress. That policy can be viewed here: www.milwaukieoregon.gov/police/milwaukie-police-department-lexipol

This incident is considered an active investigation and the amount of information we can share today is limited. Oregon law provides public records conditional exemption from disclosure when they are a part of an active investigation. Due to our department's commitment to the highest level of transparency within and beyond our community and significant public interest in this case, the BWC of Officer Timothy Cleary will be shared in its entirety. An active link to view the redacted BWC in its entirety can be accessed here: https://www.youtube.com/watch?v=nGN5hignNeM 

Some portions of the video have been redacted to protect medical privacy and the privacy of uninvolved persons and vehicles within the BWC footage, pursuant to policy and state statute.

The death of Mr. Descamps continues to be reviewed by the Portland Police Bureau.  Questions about that case may be directed to Detective Travis Law at Travis.Law@police.portlandoregon.gov 503-823-0395 or Detective Ryan Foote at Ryan.Foote@police.portlandoregon.gov 503-823-0781. Please refer to Portland Police case number 23-320906 or Milwaukie Police case number 23-8554.

Sgt. Mark Inman, PIO

Milwaukie Police Department

“Through our initial and ongoing review, we see every indication that our officers were trying to improve Mr. Descamps situation by getting him additional care and treatment.  This is an unfortunate opportunity to review the system as a whole and evaluate any shortcomings that could contribute to an outcome like this. This sad event has been difficult and troubling for the Descamps family and our officers.  Our hearts go out to the Descamps family and friends.”

Chief Luke Strait, Milwaukie Police Department

 

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December 22, 2023

Milwaukie, OR - Two Milwaukie Officers were placed on administrative leave involved with the transport of Jean Descamps, 26 of Washington County, after his discharge from the Providence Milwaukie Hospital enroute to the Unity Behavioral Health Center in Portland on December 13th, 2023. Descamps had been placed on a Police Officer Behavioral Health Hold under Oregon Revised Statute 426.228.

The Portland Police Bureau (PPB) continues conducting the death investigation of Mr. Descamps and both officers have been interviewed and are cleared to be identified.  

Bradley Walther, a twelve-year Police Officer and Timothy Cleary, a one-year Police Officer of the Milwaukie Police Department, were removed from administrative leave and have returned to their assigned Patrol Officer duties.

The investigation remains ongoing pending final toxicology reports, further questions regarding the death of Mr. Descamps should be directed to PPB.

This event has been troubling and emotional for the family of Mr. Descamps as well as our Officers. As a department, our thoughts and hearts go out to the Descamps’ family and friends.

 

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December 13, 2023

Case: 23-8554

On 12/12/23, Milwaukie Police Officers were dispatched to an unwanted individual who was refusing to leave a local Hospital. Upon arriving, the Hospital staff informed Officers a male was being discharged from the emergency room and refused to leave the premises, even when offered a ride to a local shelter. Officers learned the male had several active arrest warrants issued by Clackamas and Multnomah County.

Officers eventually determined the male was unable to care for himself and they would not be able to serve the arrest warrants, as the jail would not accept a person in his condition.  Milwaukie Police officers placed him on a Peace Officer Hold. ORS 426.228 states: A peace officer may take into custody a person who the Officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. A peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority.

 Officers transported the male to the Unity Center for Behavioral Health in Portland. Upon arriving, Officers learned he had become unresponsive and began life-saving measures, including requesting emergency medical personnel. Emergency medical personnel arrived and assumed the life-saving efforts, however, the male was unable to be resuscitated and was pronounced deceased.

The Portland Police Bureau Major Crimes Team was activated to investigate the death, which is standard practice when an individual dies while in the custody of Law Enforcement. Two involved Milwaukie Police Officers are on administrative leave, which is also the policy in these matters.  

The name of the deceased has been withheld, pending notification of immediate family. If anyone has information about this case, please contact Detective Travis Law at (link sends e-mail)Travis.Law@police.portlandoregon.gov(link sends e-mail) 503-823-0395 or Detective Ryan Foote at (link sends e-mail)Ryan.Foote@police.portlandoregon.gov(link sends e-mail) 503-823-0781. Please refer to Portland Police case number 23-320906 or Milwaukie Police case number 23-8554.

Sgt. Mark Inman, Public Information Officer

Milwaukie Police Department

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