DA: Man held propane tank near car fire; deputy fired as man raised rifle
EUGENE, Ore. -- Sheriff's deputies smelled propane gas near the burning car, then confronted a man with "erratic behavior" who displayed a propane tank and lighter.
The man moved towards a deputy but refused to keep his hands in sight, shrugging off a shot from a beanbag rifle before raising the rifle he held concealed at his side.
That's the scene deputies faced last Sunday, according to a report from the district attorney's office, when one deputy continued to fire beanbag rounds while another fired 5 shots at the man from 20 yards away.
The district attorney's office reviewed the investigation by the Interagency Deadly Force Investigations Team and determined deputies were justified in shooting Bix Brian Barker, 56, on a stretch of Royal Avenue just outside the Eugene city limits.
Barker survived the shooting, the sixth time law enforcement officers in Lane County have used potentially deadly force since Sept. 1.
Report: Explosion followed by car fire
Deputies faced a fiery scene fraught with uncertainty followed an earlier report of a family dispute shortly after 5 p.m. Sunday night. Before deputies could arrive, however, the complainant called and said the offending party had left the property.
The 911 dispatch took a call an hour and a half later from that complainant's next door neighbor, who reported being startled by an explosion near the roadway. The caller could see a car on fire out by the road.
Firefighters from the Eugene Fire Department and Lane County deputies responded to the scene. They quickly determined no one was in the vehicle, and the fire crew went to work extinguishing the flames.
That's when a member of Barker's family told emergency personnel that Barker was the subject of the earlier call; that the burning vehicle belonged to Barker; and that Barker was present on the property.
Deputies approached Barker as he was watching firefighters battle the car fire, but noticed he was holding a propane tank. Deputies reported being able to smell propane fuel in the air, prompting them to retreat to a safe distance while still trying to make contact with Barker.
That's when one of the deputies returned to his vehicle for the beanbag rifle, a less-than-lethal weapon. The deputy chose to get the weapon based on Barker's behavior.
