PORTLAND, Ore. (KOIN 6) — The older brother of Jared Padgett – the 15-year-old who shot and killed a classmate at Reynolds High School in June 2014 – is asking for a rifle, hundreds of rounds of ammunition and other property be returned to him.
On Aug. 13, Lucas Padgett filed a motion requesting a judge order the City of Troutdale and State of Oregon to return property that he claims is still being held.
Lucas Padgett writes in court documents that he is the “lawful owner” of the following property:
- One (1) Daniel Defense Armament DDM4 Carbine Rifle Serial No. (Redacted);
- Eight (8) 30 Rounds Magpul Magazines;
- Several hundred rounds of ammunition;
- One (1) ‘plate carrier’ vest;
- One (1) United States Army issued ‘laundry bag.”
He writes that “on or about June 10, 2014 my above…property was stolen or otherwise converted by law enforcement.” Lucas Padgett claims that the items seized are no longer needed “for evidentiary purposes.”
“These items belong to me, I have never been charged with any offense connected herewith,” Lucas Padgett writes. “I am entitled to their return and there is no legal impediment to my possession of said property.”
Multnomah County Senior Deputy District Attorney Brian Davidson tells KOIN 6 News that the DA’s Office has received a copy of Lucas Padgett’s motion and affidavit. Davidson said the DA’s Office is not a party in the matter because they have not filed any charges and they are not in possession of the items being requested.
Oregon criminal defense attorney Kevin Sali, who is not associated with the case, said law enforcement is within their right to lawful seize items that are for “evidentiary purposes,” but added “once the state no longer has a rightful claim of possession of something, it has to be given back to the person who owns it.”
Sali said he would expect the judge reviewing the case to question whether there is still a criminal investigation.
According to the search warrant affidavit filed in June 2014, when police found Jared Padgett’s body, they also located a green army style duffle bag. There was an identification marker on the bag that read “PADGETT L 0788.” Police determined the bag belonged to Lucas Padgett.
The two Padgett brothers had shared a bedroom, according to police.
Police located .223 caliber shell casings outside the high school’s locker room door. Detectives seized a AR-15 M4, .223 caliber semi-automatic rifle and numerous extra loaded magazines from the high school. Jared Padgett was also wearing a “ballistic vest,” according to court records.
The day of the shooting, detectives spoke with Lucas Padgett who told them that he was enrolled in the United States Army Reserve program. He confirmed that he owned an M4 AR-15, .223 caliber semi-automatic rifle. Lucas Padgett told police that when he went to the student-pick up location on the day of the shooting, he was unable to find his brother. He told police that he returned home and discovered that his rifle was missing.
The Multnomah County District Attorney’s Office in Nov. 2014 announced it would not pursue criminal charges against Lucas Padgett or his father despite the fact that Jared Padgett had taken the weapons and ammunition from the Padgett residence.
Investigators determined that both Lucas Padgett and his father had taken steps to secure and lock their firearms. In court filings, Multnomah County Senior Deputy District Attorney Brian Davidson wrote in 2014 that “the State would not be able to prove beyond a reasonable doubt that either Michael (father) or Lucas (brother) Padgett were aware of and consciously disregarded a substantial and unjustifiable risk of serious physical injury to another person.”
Davidson on Thursday said that even though the statue of limitations have not expired, there has been no discussion on re-considering file criminal charges against any member of the Padgett family.
According to Sali, “at some point, either when the statue runs (out) or when there is no longer a plausible basis to say that the investigation is on-going, they have to give those back.”
Edward H. Trompke, who represents the city of Troutdale on legal matters, declined to comment on the pending matter.
A spokesperson with the Multnomah County Sheriff’s Office, which oversees the East Multnomah County Major Crimes Team, has not returned phone calls from KOIN 6 News.
KOIN 6 News is working to get more information on this story and will have more details throughout the day.