District Attorney John Hummel filed assault and harassment charges against Bend Police Officer Kevin Uballez for allegedly using excessive force while detaining a man on June 6.
Uballez responded to a reportedly intoxicated man on NW Skyliners Road, later identified as Caleb Joseph Hamlin, a 42-year-old resident of Colville, Washington, who was in Bend to work on a house remodel project. Uballez found Hamlin in the road; the officer claimed Hamlin was initially uncompliant but started following orders after Uballez got his K9 dog out of his car.
Officers Peter Enna and Martin Tabaco arrived on scene as Uballez put the dog back in his patrol car. Enna and Tobaco said they witnessed Uballez slam Hamlin on the ground, significantly injuring his nose while detaining Hamlin. Enna and Tabaco reported the incident to a superior, and the next day Bend Police Chief Mike Krantz placed Uballez on administrative leave as Bend PD and the Oregon State Police investigate what happened.
“Police officers must make decisions in tense, uncertain, and rapidly evolving circumstances,” Krantz said in a press release. “A police officer’s decision to use force in that split second may have a long-lasting impact on the person force was used on, the officer, the agency, the community and others. Because of this impact, force responses by police officers deserve scrutiny. When a police officer decides to use force, we must call on ourselves to be accountable for those actions and accountable to our community by ensuring a complete and thorough investigation.”
The Oregon State Police investigation found that three Summit High School students allegedly assaulted Hamlin prior to the encounter with police. Two of the students were charged as juveniles for assault, and the third, who was 18 at the time of the assault, could have their case handled via the Deschutes County District Attorney’s Emerging Adult Program.
Hummel praised the officers for coming forward against a coworker.
“Officers Enna and Tabaco are the embodiment of what it means to be a law enforcement officer. They understand their job is to enforce the law and keep us safe. I appreciate how difficult it must be to report a colleague for their misdeeds,” Hummel said in a press release. “These officers put service to our community ahead of protection of a colleague; I’m proud of them.”
An earlier version of this article said Uballez is a former Bend Police Officer, but he is still employed with the department on leave. We regret the error.
This article appears in Oct 27 – Nov 3, 2021.
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First, the officer is not a “former officer”.
He is on paid administrative leave while the investigation continues and is, contrary to John Hummel, innocent until PROVEN guilty.
Second, the reporter apparently failed to see the public response from the officer’s attorney in the aftermath of yet another of Hummel’s unprofessional pandering of “social justice” agitators (read: “peacekeepers”).
Statement from Uballez attorney Steve Myers:
“Mr Hummel’s statements to the press today are quite concerning, in that he mischaracterizes what was reported by those on scene and conveniently withholds reported facts that provide a more accurate account of the encounter.
“Ostensibly, in an apparent attempt to justify charging an officer with an unblemished 7 years of service to the community who did his level best to defuse and convince a man not to carry out his threats to physically attack and fight Officer Uballez and attack Officer Uballez’s K-9 partner, Kim.
“(What) Mr Hummel failed to include in his briefings to the press, is that Officer Uballez, in responding to a citizens call for police help, stopped his patrol vehicle approximately 50 yards from (the man). Officer Uballez was alone and now parked on a dark unlit road.
“Upon exiting his patrol vehicle, (the man) asked if he was a police officer, to which Officer Uballez responded in the affirmative and then simply inquired “What’s going on?”
(The man) promptly got up and immediately started marching directly towards Officer, Uballez repeatedly threatening to physically attack and fight him. Officer Uballez responded that he doesn’t want to fight him, but (the man) continued marching towards him, repeating his threats.
“Now concerned he was surely going to be attacked by (the man), Officer Uballez radios for help. Officer Uballez then tries to thwart the attack by telling (the man) to back up and that if he attempts to attack him he will have his dog bite him. (The man) replies “I’ll **** your dog up.”
“Thinking that maybe showing Kim to (the man) would convince (the man) to comply, Officer Uballez quickly retrieved Kim and both Officer Uballez and Kim both go down, Officer Uballez to his knees and Kim to his stomach. It was at this late stage of the encounter that 2 cover officers arrive on scene, officers Tabaco and Enna.
“Officer Uballez quickly puts Kim back into the patrol vehicle. All three officers report instructing (the man) to get onto his stomach (not to his knees as stated by Mr. Hummel). (The man) refused to do so and remained on his knees near Officer Uballez’s car.
“In an effort to safely take (the man) into custody, Officer Uballez quickly approached (the man) from the side and, consistent with his training and utilizing a policy approved technique, he grabbed (the man’s) left wrist and pushes on (his) back left shoulder blade, forcing (the man’s) upper torso forward onto the pavement into a prone position.
“No officers report Officer Uballez “slamming“ his face down, as Mr. Hummel states. Moreover, Officer Uballez did not grab or push on (the man’s) head or neck that perhaps would suggest an intent to cause (his) face to strike the pavement. Officers Enna and Uballez then handcuffed (the man).
“Officer Uballez then notices that (the man) was bleeding from his nose and, as is required by Bend PD policy, medics were summoned to the scene to evaluate (the man) for injuries. While waiting for medics, (the man) continued to threaten to fight another officer.
“Notable is that Officer Uballez did not know (the man); did not know the level of (his) fighting skills; did not know that (the man) was drinking alcohol earlier and, if so, the quantity he consumed; did not know that (the man) was involved in a physical fight with 3 other younger males earlier in the evening; and at no time did (the man) verbalize he was going to abort his threats to physically fight and/ or otherwise express a willingness to give up and/or comply with police commands.”
No officer on the scene yet knew the suspect had been physically attacked by the three teenagers just minutes before he came into contact with the first officer. Important as his facial injuries as well as any additional scrapes, cuts, bruising are as likely as not to have been the results of the teenagers’ assault.
That the two BPD officers reported their concerns is a direct compliment reference Chief Mike Krantz. Why? Because Krantz, roughly four months ago, wrote the first mandatory reporting policy for BPD. Under retired chief Jim Porter such a policy was not in place.
John Hummel’s charging is, as likely as not, going to go by the wayside once this case goes to trial. Hummel has already lost one of his “high profile – look at me I’m not afraid to prosecute the police” cases (Sunriver officer). And his dramatics when announcing the charging of the suspect who shot Mr. Barry Washington has likewise seen a very capable, high-powered Portland defense attorney issue a public response offering the evidence, video evidence from security cameras, will show what truly occurred.
And identifying Hummel as a “politician” trying his cases in front of a camera and not in court, based on the facts of the case and not emotional hand-wringing.
Rather than simply “cut and paste” the first story to be released on this the reporter could have, and should have done his own homework.