1501 SW Jefferson St.

Portland, Oregon 97201

October 20, 2015
Ellen Rosenblum
Oregon Attorney General
Oregon Department of Justice
1162 Court Street NE
Salem, Oregon 97301-4096
Dear Attorney General Rosenblum,
Under ORS192.410, et seq., I, Kyle Iboshi, the undersigned, request the Oregon
Department of Justice to order the Oregon State Police and its employees to
produce a copy or copies of the following records:
Any audio or video recordings and/or written transcripts of interviews with
Detective Sergeant Joe Kaney and Detective Todd Spingath from the Roseburg
Police related to their response to the active shooter on the Umpqua Community
College Campus.
I asked to inspect and/or copy these records on October 7, 2015 at 255 Capitol
Street NE, 4th Floor. The request was denied by Erin Redding, Central Records
Supervisor.
I have included copies of my original public records request, the letter of denial
from Oregon State Police, and other supporting documentation.
In the letter of denial, Erin Redding writes, The information you have requested
is tied to an active investigation. ORS192. 501( 3) exempts from disclosure
information related to on-going investigations.
Exemptions in ORS 192.501 are limited in their nature and scope of application
because the general policy of the law favors public access. A public body that
denies a request for records has the burden of proving that the information is
exempt from disclosure.
The public has an interest in disclosure because the interviews with Detective
Sergeant Kaney and Detective Spingath describe the response by public

employees and public agencies to one of the worst mass shootings in Oregon
state history. This tragedy occurred on the campus of a public institution,
Umpqua Community College. The records will help the public understand the role
of first responders, evaluate the relationship between local police and campus
security, and monitor the training used to help resolve mass shooter incidents,
especially in public schools. This type of public scrutiny is important because law
enforcement agencies throughout Oregon have spent a significant amount of
public funding on training, equipment, and exercises surrounding mass shooter
incidents. There is also an on-going debate in Oregon over the value of armed
police officers on college campuses.
The Oregon Court of Appeals has stated that the Public Records Law expresses
the legislatures view that members of the public are entitled to information that
will facilitate their understanding of how public business is conducted.
Public disclosure of these interviews clearly help to facilitate understanding of
how public business is conducted during a critical incident, such as a mass shooter
on the campus of a public institution.
If law enforcement officials have closed an investigation or decided not to
prosecute, the governmental interest in maintaining confidentiality of
investigation records will be diminished.
On October 7, 2015, Oregon State Police issued the following statement on
FlashAlert:
The Oregon State Police was given the task of investigating the Officer Involved
shooting at UCC.
Senate Bill 111 requires when deadly physical force is used by police officers that
a separate agency investigate the incident.
The Oregon State Police concluded the investigation and presented the
information to Douglas County District Attorney's Office. The following
information was provided by DA Rick Wesenberg:
I have reviewed the facts of the case. I have determined the deadly physical force
used by the officers against the shooter was justified.

Oregon State Police clearly states that it has concluded the investigation. District
Attorney Wesenberg declined to prosecute the case after he determined that the
deadly force used by officers was justified.
Mr. Wesenberg later provided the public with a details surrounding the Oregon
State Police investigation including specific information about the officers attire,
weaponry, number and location of students in the classroom, tactical maneuvers
by the officers, observations by Sergeant Kaney and Detective Spingath, total
number of shots fired, and medical condition of the shooter.
Mr. Wesenberg also stated the following, as posted by Oregon State Police on
FlashAlert:
Sergeant Kaney and Detective Spingath used their training and discipline to
determine the best time to take a shot at the shooter and once the suspect
engaged the police officers he did not shoot another student.
This final observation by Mr. Wesenberg helps support an argument for public
disclosure because copies of the interviews will help to facilitate understanding of
how public business is conducted and better understand the use of public money
for training of public safety officers.
The denial of this public records request by Oregon State Police does not qualify
for exemption for criminal investigatory information because:
1. Disclosure would not interfere with law enforcement proceedings. The
gunman is dead. The police officers will not be prosecuted. A great deal of
information about the police officers actions has already been released by
Oregon State Police.
2. Disclosure would not deprive a person of a right to a fair trial. As
previously stated, this case will not be prosecuted.
3. Disclosure would not constitute an unwarranted invasion of privacy. Both
Sergeant Kaney and Detective Spingath have been publicly identified by
Oregon State Police. Their professional and military history was provided
to the public by Oregon State Police on FlashAlert. Police agencies also
confirmed their identities in photographs widely published and broadcasts
by media outlets across the world.
4. Disclosure would not reveal the identitiy of a confidential source.

5. Release of the interviews would not disclose investigative techniques or

procedures. As previously stated, Oregon State Police outlined specific
tactical information about the Sergeant Kaney and Detective Spingath on
FlashAlert. Details included their lack of a bullet proof vest, decision to
run towards the sound of gunfire, gaining a better vantage point of the
shooter, risk assessment knowing if they shot they risked the chance of
shooting innocent people, assessment of a good target, and number of
shots fired.
The Court of Appeals previously characterized the public interest in disclosure as
the right of the citizens to monitor what elected and appointed officials are
doing on the job. I believe that this public records request clearly meets that
criteria and I hope you will order Oregon State Police to fulfill my request.
If there are any questions about this petition, please call me at 503-807-7442 or
send me an e-mail at kiboshi@kgw.com.
Sincerely,
Kyle Iboshi