Lawsuit: Man shot, killed by officers in Clackamas County was denied aid; Body mocked, mutilated

By Ezra Kaplan, KPTV Staff

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    MILWAUKIE Oregon (KPTV) — A new civil rights lawsuit has been initiated against Clackamas County deputies and an Oregon State Patrol officer in the aftermath of a fatal shooting last June.

The lawsuit, brought by lawyers representing the family, seems to reveal details that were not part of the initial story told by police.

According to court documents, Derrick Clark, the man who was shot and killed, was allegedly left lying on the ground for two hours after the incident, while numerous nearby officers failed to provide aid.

The lawsuit alleges that:

“Rather than provide Mr. Clark with medical care, the law enforcement officers proceeded to laugh, make jokes, refer to Mr. Clark as an animal and a boy, launch explosives at his motionless body, and released a police dog to bite his body.”

The attorneys behind the lawsuit have announced their partnership with civil rights attorney Ben Crump, known for his involvement in high-profile cases such as Trayvon Martin, Breonna Taylor, Michael Brown, and George Floyd.

A spokesperson for the Oregon State Police said they are aware of the pending litigation, and “OSP doesn’t make comment during active lawsuits.”

FOX 12 also reached out to the Clackamas County Sheriff’s Office for comment on the lawsuit but has not received a response.

The FOX 12 Investigates team also spoke with Derrick’s aunt, who expressed devastation. Until recently, Derrick’s family had been leading the investigation, but it is now being taken over by prominent attorneys.

Meanwhile, the family says it feels like they haven’t been able to grieve. The details in the lawsuit are a result of an outside investigation done in part by the family itself as well as professionals hired by their attorneys. The story the lawsuit paints is very different from the one they were first told.

“We feel lied to and betrayed by the police,” said Carrie Miles, Clark’s aunt on his mother’s side. “We feel like we haven’t been able to morn because we have had to fight for information every step of the way.”

With the holidays fast approaching, the grief is even more acute.

“Derek was the light in our family. He was that one, that everyone waited for to come over,” said Miles. “There’s nothing quite like having to set an empty place at the holiday table. We are devastated, absolutely devastated.”

PREVIOUS COVERAGE: In November 2022, a grand jury determined the use of deadly force by a Clackamas County detective and Oregon State Police trooper during a traffic stop in Milwaukie on June 18 was justified.

The incident began on the evening of June 18, 2022, when Trooper Zachary Cole and Detective Daniel Ferguson were driving their patrol vehicles when each attempted to pull over 24-year-old Derrick Dewayne Clark for suspicion of driving under the influence of intoxicants.

Clark fled the attempted traffic stop at a high speed and ended up crashing his vehicle into a ditch, according to court documents. The DOJ said Ferguson and Cole gave Clark verbal instructions to show his hands but he did not comply.

The lawsuit also alleges that the high-speed chase was against department policy and that the deputy’s supervisor told him over the radio to stop pursuing.

Clark then got out of his vehicle with a firearm in his right hand and took off running. According to the DOJ, Clark raised the weapon in the air at one point and both Ferguson and Cole fired multiple shots at him. Clark was hit twice and died at the scene.

After a thorough investigation, an assistant attorney general presented the case to a Clackamas County Grand Jury. The grand jury returned a “not true bill” Monday night, meaning the grand jury believed criminal charges against the two law enforcement officers were not warranted.

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