Grand Jury Unanimously Finds Salem Officers Justified In January 22, 2025 Use Of Force Incident
-02/12/25
Today a Marion County Grand Jury unanimously found that two Salem Police Officers were justified in the shooting death of 42-year-old Shawn Baker. The following evidence was heard by the Grand Jury:
Baker and a co-conspirator were suspects in several business burglaries in the Salem area spanning from December 2024 through early January 2025. Salem Police detectives had previously executed a search warrant on the residence of that co-conspirator and arrested him on numerous charges. In contrast, Baker did not have a stable residence, and police had been conducting surveillance on his frequented locations and law enforcement had developed probable cause to arrest him should he be found. Investigators had information that Baker was known to carry weapons and had previously fled from police. Due to all these circumstances, a plain clothes detective in an unmarked vehicle followed Baker's movements on the morning of January 22, 2025. Baker was seen by that detective visiting a business owned by Baker's family located on River Road near the border of Salem and the City of Keizer. A plan was put into place to attempt to arrest Baker at that time.
Around 11:30 AM, uniformed officers driving marked patrol cars from both cities and using lights and sirens were deployed to take Baker, who was now riding a bike north toward the Laurel Gate Court Apartments on River Road, into custody. The unmarked detective vehicle assisted in the effort as radio traffic correctly identified Baker as the intended arrestee. Baker had been previously seen at the Laurel Gate Court Apartments but was not a resident there.
Baker did not stop for the officers despite their visible and audible attempts to get him to do so. Instead, he fled on his bike off River Road and into the Laurel Gate Court Apartment complex, then onto the property's sidewalks and grassy areas in an apparent attempt to get away. By this time, several officers were arriving in the parking lot of the complex and communicated Baker's direction over the radio. These communications included information that Baker was armed with a gun.
Baker abandoned his bicycle and fled on foot around the apartment complex. One Keizer officer followed him on foot while others surrounded the area with patrol vehicles and a K9.
Responding marked units included one driven by Salem Police Department Officer Chad Galusha who is a US Army combat veteran with 16 years of law enforcement experience and one driven by Salem Police Department Officer John "Eddie" Diaz who has 26 years of law enforcement experience.
Both officers saw Baker running on foot through the complex clearly armed with a handgun. They parked their patrol cars and chased Baker on foot.[1]
Baker did not stop, nor did he comply with any of the officers' commands. Instead, Baker climbed the stairs leading to a single apartment unit. Despite repeated commands to stop and drop the gun, Baker continued to ascend and stopped at the top of the stairs on a small porch.
From this location, Baker had a positional advantage over the officers given his higher ground. While the two officers continued to yell commands at Baker to drop the gun, he turned in their direction with the gun in his hand presenting a threat to the officers' lives as well as anybody else nearby. Both officers saw Baker begin to raise the firearm in their direction and immediately fired their handguns at Baker[2], striking him three times. Baker began to collapse at the top of the stairs as Galusha and Diaz continued giving commands including to drop any weapon. Baker then threw his handgun. The gun's magazine flew to the grass below having ejected from the gun itself which came to rest on a landing halfway up the stairs.[3]
Numerous additional officers from both the Salem Police Department and the Keizer Police Department arrived immediately thereafter. Medics also responded. Baker attempted to follow instructions to come down the stairs, but it became apparent that he was physically unable to do so. Officers carried Baker to the base of the stairs where immediate life-saving measures were ultimately unsuccessful. An autopsy was performed by Oregon State Medical Examiner Dr. Sean Hurst who found that Baker died from gunshot wounds. Also located in Baker's pocket was 29.5 grams[4] of a white crystalline substance which presumptively tested positive for Methamphetamine.
No officers or bystanders were injured.
Several residents of the apartment complex were home and witnessed the event. The single apartment at the top of the stairs where Baker stopped running was occupied by a couple and their dogs. Both were in the apartment at the time and neither knew Baker. Their apartment's front door had a large glass panel facing the porch, while side windows faced the stairs. This provided a good view of the events. The female resident saw Baker holding a gun standing outside of her apartment just on the other side of her glass door. She testified that she was terrified that he would break in. The male resident also testified that he was scared and was planning the family's escape.
Another resident testified that she similarly saw Baker with a gun and heard the police yelling commands.
Much of the incident was captured on various Ring-style security cameras owned by the apartment complex and its residents.[5] Officers Galusha and Officer Diaz both wore body cameras, as did other responding officers. Several dash cameras in responding officers' vehicles were also operational during the incident.
The Oregon State Police led the investigation at the direction of the Marion County District Attorney's Office with assistance from the Marion County Sheriff's Office. The grand jury heard testimony and evidence from nine witnesses including Detectives from the Oregon State Police, residents of the apartment complex, and the two Salem Officers involved. They further reviewed exhibits including body-worn camera video, dash camera video & apartment security video of the incident, numerous photographs as well as the State Medical Examiner findings, relevant ballistics and firearm information, drug testing, and scene maps.
Pursuant to Oregon Revised Statute 161.242 (in relevant part), an officer is justified in using deadly force if the officer reasonably believes, under all the circumstances, that Shawn Baker posed an imminent threat of death or serious physical injury to the officers or other people and that the force was necessary to:
- defend the officers or other people from death or serious physical injury
The Grand Jury's decision today required a review of all the facts and evidence available to it and application of that evidence to the legal principles outlined above. The Marion County Grand Jury unanimously determined that the actions of both involved Salem Police Officers were justified. The Grand Jury found that the officers had no reasonable opportunity to use any alternative force options or de-escalation techniques as all their previous attempts to get Baker to comply were unsuccessful.[6]
At the time of the incident, Baker had an active warrant for a parole violation. He had 39 prior arrests in Oregon with numerous convictions including Theft I, Burglary I, Burglary II, Identify Theft, Unlawful Use of a Vehicle, Felon in Possession of a Weapon, Interfering with a Peace Officer, Felony Attempt to Elude, Unauthorized Use of a Vehicle, DUII and Assault 4. The Grand Jury did not hear evidence of his prior convictions as part of their deliberations.
The Marion County District Attorney's Office assigned a system liaison to Baker's family to aid in the inquiry process and provide available resources. The family was informed of the Grand Jury's determination this afternoon.
Marion County District Attorney Paige Clarkson stated:
"Time and time again, I am reminded of the willingness of our law enforcement officers to protect our community. Often at great risk to themselves. This incident is an example of just that: service above self. My gratitude to the grand jury for their thorough and thoughtful assessment of this matter. Nobody wanted this outcome. And for that, I extend my sympathies to the family of Mr. Baker."
Contact Info: District Attorney Paige Clarkson
Chief Deputy DA/PIO Brendan Murphy
503-588-5222
bpmurphy@co.marion.or.us
https://drive.google.com/drive/folders/1Jk_ug_AvCtXP-CACxdQD0R4bwuNio0fJ?usp=sharing
[1] Still photos of Baker with the gun are attached to this release.
[2] Officer Diaz fired four times. Officer Galusha fired twice. Both were wearing body cameras that were operational and recorded the incident. All six bullet casings were recovered by the Oregon State Police.
[3] The Oregon State Police later recovered both parts of the firearm during their investigation. It was a 9mm pistol made to mimic a Glock-style weapon but was likely purchased in pieces and later fully assembled. This style of weapon is often referred to as a "ghost gun". The magazine contained 10 bullets. There was one bullet in the chamber. Another live round was located nearby in the grass.
[4] Under Oregon law, this is considered a substantial quantity of methamphetamine for purposes of a Commercial Drug Offense. See ORS 475.900(1)(a)(D)
[5] A video compilation of the incident - including video from the Apartment Complex and Police video - is attached to this release. Baker can be seen holding a firearm at multiple points in the video.
