PORTLAND, Ore. (KOIN) — The family of Jacob Macduff, who was killed by Tigard police on January 6, 2021, has reached a $3.8 million settlement with the city, the family announced Wednesday.

The family’s lawyers said his mother, Maria Macduff, blamed the Tigard Police Department for use of unnecessary deadly force in her son’s death.

“We now know what I believed all along — there is no way my son Jacob should have been shot and killed that night,” Macduff said in a statement.  “My deepest desire since this happened has been to do everything possible to make sure no other family loses a child the way I have. I believe we’ve accomplished that.”

Per the settlement, the City of Tigard has agreed to make changes in police policy to prevent an unnecessary death of a person experiencing a mental health crisis. According to Macduff’s lawyers, Tigard police are making several changes including de-escalation training and creating a Washington County mental health response team.

Macduff’s lawyers explained the City of Tigard will also undergo an independent critical incident review and analysis of police actions that led to Macduff’s death.

Tigard Police Department sent the following statement to KOIN 6 News:

“First and foremost, to the Macduff family, I want to personally acknowledge that your son’s life was lost. I am also a mother and can’t begin to imagine what you have endured and continue to endure,” said Police Chief Kathy McAlpine. “I also recognize that in the thorough review of this case, from the Washington County District Attorney’s Office to the Oregon Attorney General’s Office and a grand jury convened at its request, that no evidence of criminal wrongdoing was ever found. That said, I want the community to know that this police department is committed to learning and growing from our experiences. We did our own thorough review of this case, and have made several updates to policies, procedures and training as a result.”

The events of the case

Around 4 p.m. on January 6, 2021, officers were called out to the Edgewood Manor Apartments on a domestic violence call. According to Macduff’s lawyers, police knew Macduff suffered mental health issues based on three previous calls to the apartment.

Police tried to arrest Jacob Macduff, who was in his vehicle, but he refused to be taken into custody, according to Tigard police. Officers said Macduff was armed with a knife. During the struggle to arrest him, a Tigard police officer shot and killed the 26-year-old.

Tigard police were involved in a fatal shooting near SW Hall Boulevard and Bonita Road, January 6, 2021 (KOIN)

The next night, a riot was declared shortly before 9 p.m. by Tigard police after a group of about 100 protesters began marching toward City Hall and the police department over the Macduff shooting. Windows were broken at the Tigard Police Department and city buildings were tagged with graffiti.

Washington County DA Kevin Barton asked the Oregon Attorney General’s office to investigate the shooting. The investigation was wrapped up by the county’s Major Crimes Unit on April 27 but never revealed the findings, according to a letter from DA Kevin Barton to the state’s attorney general office.

Maria Macduff hired an attorney in April 2021 to learn the details surrounding her son’s death that she had not been provided.

In January 2022, an internal review by the Tigard Police Department found former Tigard Officer Gabriel Maldonado, who shot and killed Macduff, did not violate the department’s use of force policy.