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News Release
Polk County Grand Jury unanimously rules use of deadly force in VP Racing Fuels officer involved shooting justified. - 07/22/21

DALLAS (OR) - Today, Polk County District Attorney Aaron Felton announced that upon the conclusion of testimony, the Grand Jury unanimously returned a not true bill regarding the use of deadly force by a Salem Police Officer that resulted in injury to Erfinson Bossy, 22, of Salem.

The Grand Jury’s not true bill decision means they have determined no criminal prosecution is warranted, and that the use of deadly force against Mr. Bossy by Salem Officer Erick Hernandez was a lawful act of self-defense and/or defense of a third person, pursuant to Oregon law.

This investigation began on Thursday, July 1, 2021, at approximately 8:00 p.m., following the report of an officer-involved shooting involving members of the Salem Police Department. The Oregon State Police conducted the investigation and the Polk County District Attorney’s Office presented the evidence to the Grand Jury.

In making their decision, the Grand Jury heard from detectives from the Oregon State Police, the involved officers from the Salem Police Department, a deputy from the Polk County Sheriff’s Office and one citizen witness.

The Grand Jurors who reviewed this case are Polk County community members. Each Grand Juror was selected from the regularly scheduled empaneled jury pool. This is a process set by Oregon’s Constitution.

As required by Oregon law, the Grand Jury proceedings in this case were recorded. Pursuant to ORS 132.270(4)(a)(C)), Officer Hernandez, or his attorneys have 10 days to file a motion with the court to seek a protective order regarding the release of the grand jury proceedings or a portion of the proceedings.

In accordance with the District Attorney’s Office and procedures and Oregon law, if a waiver is filed and/or no objection made within that 10 day period, a request will be made, through this office, to the Polk County Circuit Court Presiding Judge to have the grand jury proceedings transcribed and then subsequently released to the public. 

 

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