DA Rules Officer-Involved Shooting At High Desert Museum Was Justified

By Amanda Peacher

Published July 6, 2016 at 3:18 PM PDT

<p>Nicholas Berger dragged High Desert Museum employee Amanda Berry through the museum at knifepoint before being shot and killed by an Oregon State Trooper. </p> — Nicholas Berger dragged High Desert Museum employee Amanda Berry through the museum at knifepoint before being shot and killed by an Oregon State Trooper.

Deschutes County District Attorney John Hummel has determined that an officer-involved shooting at the High Desert Museum near Bend was justified.

An Oregon State Police trooper shot and killed Nicholas Berger in late May at the museum.

Berger had temporarily taken a museum employee hostage, dragging her through the museum in a chokehold while carrying a knife.

Law enforcement has said Berger didn’t know the victim, and it’s still not clear why he targeted her or the museum.

But Hummels’ report shows that after Berger let the employee go, he went into the museum courtyard and cut his wrists with the knife.

When state trooper Richard Brannin arrived, the 6-foot, 400-pound Berger essentially charged the officer, knife in hand.

Hummel said Brannin first used a taser, which proved ineffective against the large man. He then fired three shots that killed Berger.

In a report released Wednesday, Hummel said that the shooting was justified.

"Based on all the available evidence, Brannin’s belief that Berger was about to use deadly physical force against him is objectively reasonable," Hummel wrote in the report.

"Because of this, Brannin’s decision to use deadly physical force against Berger is authorized by Oregon law."