Death in custody casts shadow on Portland's police reform efforts

The Death of Damon Lamarr Johnson and the Ongoing Debate Over Police Response to Mental Health Crises

The tragic death of Damon Lamarr Johnson in Portland police custody has become a central point of discussion during a recent federal hearing examining the city’s 13-year-old agreement to improve how police respond to individuals in mental health crises. Despite an independent monitor reporting that most of the required reforms have been implemented, community advocates and officials are calling for more comprehensive changes.

Odelia Zuckerman, co-chair of the Portland Committee on Community-Engaged Policing, expressed deep concern about the current state of compliance with the settlement. “There’s a deep and painful dissonance here. If this is what compliance looks like, what was the settlement for?” she asked. The settlement, which followed findings by U.S. Department of Justice investigators in 2012, aimed to address the use of excessive force against people with mental illness and called for changes to police policies, including de-escalation techniques and quicker investigations into misconduct allegations.

Johnson, 52, was found unresponsive after a struggle with officers who attempted to place him in handcuffs following a welfare check. According to police reports and body camera footage, officers were unable to get him to exit his apartment and eventually entered, leading to a physical confrontation that ended with Johnson being taken to the hospital, where he was pronounced dead.

Rev. Mark Knutson of the Albina Ministerial Alliance’s Coalition for Justice and Police Reform described the release of the body camera footage as a painful reminder of the need for reform. He emphasized the importance of ensuring that mental health professionals are properly integrated into crisis response efforts.

Sgt. Aaron Schmautz, president of the Portland Police Association, criticized a resolution passed by the Portland City Council’s public safety committee that would allow Portland Street Response workers—unarmed mental health professionals and emergency medical technicians—to act independently of police in responding to mental health crises. Schmautz argued that a coordinated approach between police and mental health responders is essential, rather than an “either/or” scenario.

Former City Commissioner Jo Ann Hardesty defended the role of mental health professionals, stating that they often provide a more appropriate response to situations involving individuals in crisis. “It’s not an anti-police thing,” she said. “It’s about who is the right responder at the right time for the right situation.”

U.S. District Judge Michael H. Simon questioned whether unarmed mental health workers could legally respond to a welfare check if the individual is uncooperative. Heidi Brown, chief deputy city attorney, noted that the Fourth Amendment prohibits forced entry or unreasonable searches, and that current laws grant law enforcement authority to enter homes under specific circumstances.

The city has taken a phased-in approach to expanding the Portland Street Response program, aiming to provide 24/7 coverage in the near future. However, staffing and budget remain significant challenges. A labor-management committee involving the police union has allowed for some co-responses between Portland Street Response workers and police in certain situations.

Mayor Keith Wilson called Johnson’s death a “tragic example” that highlights the need for ongoing reassessment of police responses to mental health crises. Police Chief Bob Day confirmed that investigations into Johnson’s death are ongoing and urged the community to focus on the broader system rather than just the actions of officers involved.

The court-appointed independent monitor’s report indicated that the city has largely met the requirements of the settlement, particularly in terms of crisis intervention. However, the monitor also recommended that the city complete its investigation into police supervisors’ oversight during the 2020 protests as quickly as possible.

Legal representatives for the city and the Justice Department have urged the judge to halt future evaluations by the independent monitor, arguing that the city should be allowed to operate independently. However, Judge Simon remains cautious, emphasizing that the city must meet all settlement requirements for at least one year before the agreement can be finalized.

New federal lawyers have taken over the case, as the previous attorneys, Jared Hager and R. Jonas Geissler, are no longer involved due to personal and professional reasons. This shift in legal representation has raised questions about the future direction of the case and the ongoing efforts to ensure accountability and reform in Portland’s policing practices.