PORTLAND, Ore. (KOIN) – A Multnomah County grand jury says there is enough probable cause to charge David Allen Charlton with 4 counts of attempted aggravated murder for trying to kill 2 police officers during a shootout last month.
The indictment, filed earlier this week, charges Charlton with 4 counts of attempted aggravated murder, 3 counts of felony possession of a firearm, and one count each of second-degree assault, unlawful possession of a short barreled rifle, unlawful delivery of meth, unlawful delivery of heroin and hit and run.
Charlton was shot multiple times on April 27 and remains in the hospital.
His arraignment is scheduled for Friday, but officials say it’s unclear if he will be well enough to attend the hearing.
The incident began when Fairview Police Officer Scott Shropshire and Gresham Police Officer Michael Brooder responded to reports of a single car crash near Barberry Village Apartments on the 200 block of SE 188th Avenue, according to police.
Shropshire and Brooder were both assigned to the East Metro Gang Enforcement Team. They were working as partners at the time and drove in the same patrol car.
They arrived on the scene and started looking for the driver.
Suspect crashes, flees carrying 3 bags
Witnesses told emergency dispatchers an SUV crashed into a fence in front of the apartment complex. They said the driver, later identified as Charlton, fled the scene.
Charlton was seen grabbing 3 bags from inside the SUV and carrying them away with him as he fled, according to court documents. Brooder reportedly told detectives he noticed the suspect carrying multiple bags when he and Shropshire encountered him in the area of NE Couch Street and NE 188th Avenue.
“Officer Shropshire and Brooder stopped in a patrol car and Officer Shropshire asked the suspect if they could speak with him,” according to court documents.
Officer shouts ‘Gun!’
Shropshire noticed Charlton had a handgun in his right hand, court documents show. The officer reportedly yelled “Gun!” as the suspect lifted his right hand and pointed the gun at him. Charlton shot at and hit Shropshire in his torso, according to records.
Shropshire and Brooder both returned fire. Charlton then realized he had been hit and started moving backwards towards safety, court documents show.
“He saw that the suspect (Charlton) was lying in the roadway when the suspect rolled over and was now holding an assault type rifle,” a probable cause affidavit written by Multnomah County Senior Deputy District Attorney Chris Ramras states.
Shropshire yelled out again, alerting his partner that the suspect had another gun. He and Brooder fired several more shots until Charlton dropped the rifle.
Brooder’s patrol car was hit by bullets at least 6 times, records show.
Officers believe at least 11 rounds were fired towards Shropshire and Brooder.
“One strike was in the grill of the vehicle with a second strike located on the hood of the vehicle,” court documents state.
Detectives recovered a handgun and an AR-15 rifle near the spot where Charlton’s body was before he was taken to the hospital, according to records.
To identify Charlton, police had to use fingerprints and a national database. Fourteen people reportedly testified before the grand jury investigating the shooting, including both Shropshire and Brooder.
The grand jury also determined the use of deadly force by both officers was legally justified, according to Multnomah County Senior Deputy District Attorney Brian Davidson.
Shropshire was taken to the hospital moments after he was shot. He was treated and released the next day. Brooder didn’t sustain any injuries in the shootout.
Police have not confirmed how many rounds the officers fired.