'If I would have had my gun out, I probably would have shot him'

'If I would have had my gun out, I probably would have shot him' »Play Video

EUGENE, Ore. -- The City of Eugene's Civilian Review Board said a Eugene police officer was wrong to shock a Chinese student with a Taser last year.

They also said Officer Jud Warden told internal affairs investigators he would have used his gun if he had it out at the time.

"If I would have had my gun out, I probably would have shot him," the review board read from the internal affairs investigation with the officer. "In fact, I know I would have based on that circumstance at that time."

The board recommended Police Chief Pete Kerns re-open the case, but Kerns is not required to change anything.

Kate Wilkinson is the Chair of the Civilian Review Board. "We have the power to tell him to re-open the investigation, and that's what we've done," said Wilkinson.

KVAL News asked Wilkinson what happens if nothing changes.

"Well, I think that's probably a realistic possibility," said Wilkinson. "I think we just go from there. I think the value of the civilian oversight system is providing a place for community impact and for more transparency and I think we've achieved both those goals here."

Changing the chief's ruling, or a possible discipline for officer Warden was never the intended end result, she said.

"I think it's to work on systemic and process as opposed to individual issues," said Wilkinson. "I don't see that as our role."

KVAL News asked Police Auditor Mark Gissiner what kind of power that leaves the CRB with.

"Well I think it's a tremendous amount of power," said Gissiner. "Perhaps they don't have the authority to discipline but their words are very powerful to the community."

Chief Kerns said he's not ready to comment on the decision. He has not read the board's findings yet.

Gissiner said that should happen Thursday or Friday.

This is the first time the Civilian Review Board has ruled against the police department.