By Aimee Green
The Oregonian (Portland, Oregon)
Copyright 2007 The Oregonian
All Rights Reserved
A Portland fire lieutenant who was caught on videotape last January kicking a man while other firefighters pinned the man to the floor won’t be charged with a crime.
The Multnomah County District Attorney’s Office said Tuesday it won’t prosecute Fire Lt. Robert Bedgood, 41, for the three kicks he dealt to Terry DeGeorge, 48.
DeGeorge appeared in the lobby of the Fairfield Hotel shortly after midnight Jan. 11 upset to be awakened by firefighters responding to a medical call. He claims he spoke angrily but did not swear. Firefighters claim he was yelling profanities. Two firefighters and an AMR paramedic tackled DeGeorge, and Bedgood stepped in.
Deputy district attorney Don Rees said after a nearly four month investigation and review by police and his office, he decided not to prosecute Bedgood because it would be difficult proving beyond a reasonable doubt that he’s guilty of a crime.
Bedgood has said he was concerned for the safety of his crew as DeGeorge wrestled to break free — and protecting others is a legitimate defense, Rees said.
DeGeorge has said he’d let the civil courts settle the matter. Last month, DeGeorge filed an excessive-use-of-force claim against Bedgood and the city for an undetermined dollar amount. According to the lawsuit, one of the firefighters yelled “Robert, stop it!” as Bedgood kicked DeGeorge, then used his foot to press DeGeorge’s face to the floor.
Bedgood could have faced misdemeanor disorderly conduct and harassment charges for “offensive physical contact.”
Rees said he won’t pursue criminal charges against DeGeorge for interfering with a firefighter and disorderly conduct, both misdemeanor crimes. Bedgood had said the night of the incident that he didn’t want to press charges against DeGeorge.
The videotape of the incident — recorded from a surveillance camera mounted in the hotel lobby — ignited widespread debate. Some viewers called for the lieutenant to be disciplined, arguing that he lost his temper and should not be dealing with the public. They pointed out that after kicking DeGeorge, Bedgood walked toward a hotel employee who tried to intervene and poked his finger into the man’s chest.
Others supported the lieutenant, arguing that firefighters have a difficult enough job without belligerent people interfering with their work.
The day after the incident, Fire Chief Dave Sprando reassigned Bedgood to a desk job within the bureau’s training division. The other firefighters who were on the scene or participated in the incident — Brad Martin, Dustin Miller and Ed Desch — have continued to respond to medical and fire calls out of Station 3 in the Pearl District.
All four of the firefighters face an internal review into whether they acted appropriately that night. Fire spokesman Lt. Allen Oswalt said the review would begin now that the DA’s office has finished its investigation. Oswalt said he can’t predict when the review’s findings will be available.
“It’ll run the whole gamut — suspension, demotion, anything could happen,” Oswalt said.
The attorney representing Bedgood in the civil case, Lawrence Matasar, declined to comment.
As part of the civil suit, DeGeorge’s attorneys are asking that Bedgood — as well as all firefighters — receive training in how to calmly and safely de-escalate tense encounters with the public. Attorney Leah Greenwald said that she’s confident a jury will side with DeGeorge.
“I think the video is really powerful,” Greenwald said. “And in this case, we’re fortunate we have one.”