Marion County Grand Jury Finds Deputies' March 29, 2026, Use Of Deadly Force Justified.
- 04/10/26
Yesterday, a Marion County Grand Jury unanimously found that Marion County Sherriff’s Deputies Rick Kittelson and Benjamin “Ben” Theodoriches were justified in their use of deadly physical force towards Brian Guy Baker (DOB 11/8/1978) of Aumsville, Oregon, on March 29, 2026. Although Deputies Kittelson and Theodoriches discharged their duty weapons, the Grand Jury ultimately found that Baker died from a self-inflicted gunshot wound.
In reaching their conclusion, the Grand Jury convened to hear testimony from 10 witnesses, including members of the Salem Police Department who led the investigation. The Grand Jury reviewed evidence including numerous photographs, scene diagrams, interview recordings, firearm evidence and autopsy conclusions.[1]
The following is a factual summary of evidence found by the Grand Jury:
On March 29, 2026, at 7:08 p.m., the Willamette Valley Communication Center received a 911 call stating that there was a domestic incident at 12393 West Stayton Rd SE, Aumsville, Marion County, Oregon. The caller, who lived at the location (and whose name will not be released), described a physical and verbal altercation by Brian Baker (“Baker”) against his wife, Sondra Baker (“Mrs. Baker”), saying Baker was “not in his right mind”. The caller also clarified that there were firearms in the residence. At the time of making the call, the caller was outside the home in a nearby vehicle.
Marion County Sherriff Deputies Theodoriches and Kittelson responded to the scene. Theodoriches has been a Marion County Sheriff’s deputy since August 22, 2021, and Deputy Kittelson has been a Marion County Sheriff’s deputy since June 18, 2018.
The deputies were unable to get an answer from within the residence after approximately 15 minutes of repeated knocking and ringing the doorbell. By then, the 911 caller had returned to the residence despite the deputies’ instructions not to do so, and he asked the deputies if he could let law enforcement into the residence. The deputies agreed and they entered the home through the front door, which opens into an interior hallway.
As they entered the home, deputies heard a female (the victim, later identified as Mrs. Baker) saying that she needed help as she entered the hallway from a bathroom to the left. However, Baker appeared from behind her and placed his left arm over her left shoulder and wrapped his arm around her neck. Baker then pulled the victim back into the bathroom alcove, out of sight from the deputies.
Almost immediately, Baker and the victim re-emerged with Baker’s left arm still around her neck; however, he now had a pistol in his right hand, pointed directly at her head.
Deputy Kittelson immediately moved into the living room to his right, in an attempt to flank Baker and/or prevent his escape. Deputy Theodriches remained in the entryway and described that Baker discharged his firearm into the ceiling.[2] Baker then pointed the gun at him. Deputy Theodriches fired directly towards Baker who had ducked and rushed to a doorway down the hallway, deeper into the home. By this time, his victim had fallen to the floor.
Deputy Kittelson also fired several rounds as Baker retreated farther towards the back of the home, through the kitchen. Baker entered a laundry room area behind the kitchen and went down an interior stairway to the basement. The deputies did not follow. Instead, they got the victim out of the residence, along with the family dog. Additional units, including units from Aumsville and Stayton, responded to secure the residence.
This sequence of events was corroborated by each witness who testified before the Grand Jury, including family members of the deceased.
Shortly after leaving the residence, the group heard several bangs coming from within the basement/garage area, which they described as “gunshots”.
Over the next several hours, the Marion County Sherriff’s Office and Oregon State Police coordinated a plan to safely remove Baker from the home. Negotiators with the Marion County Sheriff’s Office attempted to contact Baker numerous times. However, Baker did not answer his phone.
A Family Service Coordinator from the Marion County District Attorney’s Office also responded to the scene and with the assistance of the Salem Police Department arranged for Mrs. Baker and her family to stay at a Salem hotel. They were provided with food and other immediate necessities while the incident was resolved.
At approximately 1:47AM on March 30, Marion County Circuit Court Judge Thomas Hart signed a search warrant to enter the home and arrest Baker. Tactical response teams (“SWAT”) from the Oregon State Police and Marion County Sheriff’s Office utilized numerous methods to prepare for safely gaining entry to the residence, including drones, a robot, and heavy machinery. Eventually, they knocked down two exterior doors in their attempt to get access to the residence: one sliding glass door in the back of the home, and the rolling garage door at the front. Shortly after 2AM law enforcement was able to gain entry using an interior drone. Baker was located in the garage area of the residence, deceased, with a gunshot injury to his head. At the time of his death, he was positioned on his back underneath a pool table in the center of the one car garage, with a firearm located next to him.
No family members, witnesses, bystanders or deputies were injured during this incident.
Once the scene was rendered secure, investigators from the Salem Police Department took over the scene to conduct an officer involved use of deadly force investigation. Pursuant to Marion County’s Officer Use of Deadly Force Protocol, a non-involved police agency must lead any investigation where law enforcement uses deadly physical force, regardless of whether death occurs.
Overall, that investigation showed that Deputy Kittelson fired nine times and Deputy Theodoriches fired once. Baker was hit one time in the left forearm.
On March 30th, Deputy State Medical Examiner Phillip Bennett conducted an autopsy and determined that Baker died from a gunshot wound to the head. The injury to his forearm was not the cause of his death. He ruled the manner of Baker’s death was suicide and his injury was consistent with the weapon found next to Baker.
Baker had nine prior arrests, which was information not presented to the Grand Jury.
Oregon Revised Statute 161.242 describes when a peace officer may use deadly physical force. The Grand Jury applied the facts of this case to the legal principles dictating circumstances when deadly physical force can be used. Specifically, the Grand Jury unanimously found that, under the totality of the circumstances known to Deputies Kittelson and Theodoriches they reasonably determined that the use of deadly physical force was necessary as:
- Brian Baker had committed and attempted to commit the violent felonies of Coercion constituting Domestic Violence, Unlawful Use of a Weapon with a Firearm and Assault in the Fourth Degree constituting Domestic Violence;
and that,
- deadly physical force was necessary to make a lawful arrest when both officer’s had probable cause to believe a person has committed a violent felony;
- and/or deadly physical force was necessary to defend a peace officer or another person from the use or threatened imminent use of deadly physical force;
and that
- under the totality of the circumstances existing at the time and place, the use of such force was justified.
The Grand Jury further found that all reasonable alternatives, such as verbal de-escalation, waiting, or using other available techniques or resources weren’t feasible as Baker was not responding to law enforcement’s attempts with a reasonable opportunity to comply.
Mrs. Baker and the 911 caller who lived in the residence testified before the Grand Jury.
The Grand Jury's decision required reviewing all the facts and evidence available and applying them to the legal principles above. Overall, the Grand Jury concluded that the actions of Deputies Kittelson and Theodoriches were justified and lawful.
After the Grand Jury’s determination, representatives from the Marion County District Attorney’s Office, including their Family Service Coordinator, met with members of the Baker family to explain the legal determination and answer any questions that they had.
Marion County Chief Deputy District Attorney Brendan Murphy stated, "I would like to thank the Grand Jury for their careful and thorough review of this dangerous situation. It is tragic that Mr. Baker felt it necessary to take his own life, as I know that no one wanted this outcome. Nevertheless, I am thankful no one else was injured, and I am also grateful for the bravery of the Sheriff’s deputies that day.”
Marion County District Attorney Paige Clarkson added that “Domestic violence situations are some of the most dangerous that we ask our law enforcement professionals to respond to. We expect them to make split-second decisions in the real world in order to protect victims and our entire community with little regard for their safety. I am thankful that Deputies Kittelson and Theodoriches were there to protect our community that day.”
“I further commend the entire investigative team, including the Salem Police and my office’s Family Service Coordinator. The family’s very difficult night was hopefully made a little easier when we were able to give them a safe place to go as they navigated this terrible event.”
Chief Deputy DA Brendan Murphy stated that: “Marion County continues to fulfill the important requirements of the Marion County Use of Force Protocol with skill, integrity, and transparency. To all our Law Enforcement in Marion County: We are grateful that you continue to protect and serve."
The Marion County District Attorney’s Office would like to especially thank all the law enforcement agencies who assisted in the resolution and investigation of this incident. Specifically, the Oregon State Police provided significant assistance with the SWAT response and an excellent investigation by the Salem Police Department, led by lead Detective Stuart Gamble.
The following items from the investigation can be located from the Google Drive link below:
- Photograph of Baker’s gun found in the residence
- Radio traffic of the incident.
https://drive.google.com/drive/folders/1Xg0oiVpuvPkVIAjzzZCs_02P5-uFWbGK?usp=sharing
Chief Deputy District Attorney Brendan Murphy presented the investigation to the Grand Jury.
[1] The Marion County Sheriff’s Office deputies are not equipped with body cameras so video evidence of the incident was not available to the grand jury.
[2] This was later determined to be inaccurate, as Baker discharged his weapon into a closet directly across from the area he emerged.
