The Oregon Court of Appeals has overturned Robert Keegan’s manslaughter conviction for his fatal shooting of a Black Ashland resident in 2020, clearing the way for a new trial.
In a decision issued this month, the court ruled jurors were improperly instructed about a limitation to self-defense known as “combat by agreement.” Under Oregon law, someone generally cannot claim self-defense if they agreed to a fight beforehand.
The appeals court said the instruction wasn’t relevant to the facts of Keegan's case and should not have been provided.
“[T]there is more than little likelihood the trial court’s erroneous instruction and the prosecutor’s reliance on that instruction could have created an erroneous impression in the minds of the jury,” Judge James Egan wrote in the court's opinion.
Keegan, who is white, confronted 19-year-old Aidan Ellison, who was Black, for playing loud music at Ashland’s Stratford Inn, where they were both staying. The confrontation escalated into a physical fight before Keegan fatally shot Ellison.
The killing, which occurred during the nationwide protests following the murder of George Floyd, drew national attention and prompted discussions about race in Ashland, a predominantly white city.
A Jackson County jury convicted Keegan, 53, of first-degree manslaughter in 2023, and he was sentenced to 10 years in prison.
Jackson County District Attorney Patrick Green said the ruling was especially painful for Ellison's family.
"While this result is deeply disappointing for us, I recognize that disappointment is far outweighed by the extraordinary pain it is causing for Aidan's family and friends," Green said in a statement. "Aidan would only have turned 25 this August, nearly six years after his death — a stark reminder of his young life and of all the years, milestones and everyday moments that were taken from him and those who loved him."
Green’s office has charged Keegan again with manslaughter. He cannot be prosecuted for murder because a jury acquitted him of that charge.
“We're basically starting over,” said Jackson County senior deputy district attorney Samantha Olson. “Ultimately, it will likely end in us having to retry the case, so a brand new trial.”
Keegan is scheduled to appear for a pretrial hearing July 6. A judge set bail at $500,000.
