Grand Jury Rules Use of Force on April 30 was Justified in Marion County

(SALEM, Ore.) - Today a Marion County Grand Jury unanimously found that Salem Police Department Officer David Baker was justified in his use of deadly physical force against 46-year old Michael Conley, on April 30, 2014.

A total of nine witnesses testified before the Grand Jury, including Heidi Conley, Michael Conley’s wife. The witnesses consisted of four civilians and five police officers from different agencies.

Evidence presented included not only the testimony of the witnesses, but photographs, scene diagrams, 911 dispatch audio, police radio traffic audio, and the medical examiner's report from the autopsy.

At approximately 7:12 a.m., April 30, 2014, officers from the Salem Police Department responded to a 911 call of domestic dispute from Heidi Conley reporting that her husband, Michael Conley, was armed with a knife and not letting her leave the location at 4792 Lancaster Drive NE, Apartment #121, in Salem, Oregon.

Mrs. Conley was not injured during the domestic dispute or subsequent shooting. Michael Conley had a history of suicidal behavior.

Officer David Baker of the Salem Police Department, arrived at the scene and was confronted by Michael Conley. Conley was armed with a large military style knife that was overall 12 inches in length. Officer Baker ordered Conley to put the knife down multiple times, which Conley refused to do. Conley told Officer Baker he was going to stab Officer Baker. Conley continued to advance armed with the large knife toward Officer Baker, who had to move backwards away from Conley to attempt to create a safe distance between them.

Officer Baker continued to give commands to Conley to drop the knife. After advancing on Officer Baker over a distance of 15-20 feet, Conley lunged at Officer Baker with the large knife drawn in an upward position. Officer Baker fired two shots at Conley, striking him once in the head and once in the right shoulder. Officer Baker immediately called for medics.

At this time, other officers from the Salem Police Department arrived and immediately administered emergency medical aid to Conley on scene until medics arrived. The large knife was still in Conley’s hand when he was contacted by other officers. Conley was transported to Salem Hospital for treatment, where he later died. The Oregon State Medical Examiner conducted an autopsy on Conley, which includes a review of all of the facts surrounding the death, finding the cause of death to be gunshot wound of head and the manner of death suicide.

The investigation was conducted by the Oregon State Police Criminal Investigations Division and Marion County District Attorney’s Office in compliance with the Marion County Senate Bill 111 protocol. The Marion County Major Crime Team (HART) was also activated to assist in the investigation including detectives from the Marion County Sheriff’s Office, Keizer Police Department, Woodburn Police Department, Salem Police Department and Linn County Sheriff’s Office.

It was standard procedure for Salem Police Department to request Oregon State Police conduct an independent investigation into incidents of this nature.

Officer Baker was not injured in the incident and was placed on administrative leave, a common procedure following an officer-involved shooting. He has been employed with the Salem Police Department for 14 months. He was previously employed as a reserve police officer for about 3 years with the City of Philomath Police Department.

The Grand Jury today made its decision in applying the facts of this case to the legal principle regarding when deadly physical force can be used. The applicable legal principle is that the law enforcement officer had to reasonably believe that the officer's life or personal safety was endangered in the particular circumstances involved.

The Grand Jury's decision required reviewing all the facts and evidence available to them and applying them to the legal principle above. The Grand Jury found that the actions of Salem Police Department officer David Baker were justified.