DA: Lane County sergeant who shot, killed man with knife acted to protect deputies

EUGENE, Ore. - A Lane County Sheriff’s sergeant who shot and killed a man in August was justified in using deadly force, the district attorney said Wednesday.

The investigation found that 34-year-old Larry Leonard Lowry Jr. broke through the wall of a shed and ran towards deputies with a large, fixed blade knife after making repeated threats to hurt law enforcement and others.

A deputy fired a "40mm less lethal round at Lowry, hitting Lowry in the chest, with no effect on Lowry," the investigation found.

That is when the sergeant "fired two rounds from his patrol rifle, striking Lowry twice, once in the right side of his chest and once in the right side of his back," the DA said in a report. "Deputies rendered aid to Lowry for nearly 20 minutes waiting for medics to arrive to the remote location. Medics pronounced Lowry deceased upon their arrival."

The DA said the sergeant had been with the sheriff's office since May 30, 2006, and had never before been involved in a deadly force incident.

Under Oregon law, all uses of deadly force by law enforcement require an investigation by the county Interagency Deadly Force Investigation Team, or IDFIT.

The county's district attorney is charged with reviewing the investigation to determine whether officers acted within the law.

"After reviewing all records, I have concluded that the use of deadly force by a Lane County Sheriff’s sergeant on August 24, 2019, was a lawful use of deadly force in defense of persons," Lane County District Attorney Patty Perlow wrote. "Preliminary toxicology results show Lowry had been using methamphetamine prior to these incidents."

Grandmother armed herself, called 911

Deputies responded to 37059 Row River Rd. in the Dorena area around 10 p.m. on August 23 in response to a 911 call reporting Lowry and his girlfriend, Erin Garrison, were in a physical fight, according to the DA.

"Lowry was destroying property, including breaking windows and the door to the residence," according to the report.

The caller - Garrison's grandmother - "reported that she was armed with a firearm and prepared to use it against Mr. Lowry if he came after her," according to the report. "She reported that Mr. Lowry was attacking her granddaughter and another female."

According to the report:

Deputies arrived, but both Lowry and Garrison - who both had warrants out for their arrests - had left the scene.

A woman living in a camp trailer on the property "told investigators that Lowry physically assaulted her and said, 'I’ll f-----g kill you b----.”

After searching the property for the two for about an hour, deputies left the property. They advised the grandmother to call 911 if Lowry returned.

'I’m going to kill you all'

Garrison "returned to the property alone and went to bed in the shed. She said she had locked the door," according to the investigation. "Lowry returned about 1:00 a.m. and started kicking the shed door, gaining entrance. Lowry told Garrison to get some car keys or he was going to “kill everyone in there,” referring to the main house. Garrison went to the house where (her grandmother) was still holding her gun and called 911 again. Garrison remained in the house for fear what Lowry would do if she came out without car keys."

Two deputies arrived within minutes.

"Lowry was in the shed and refused to exit. All witnesses, including law enforcement, residents and neighbors reported Lowry was yelling and breaking things in the shed," the DA wrote. One of the deputies "went up to the shed and could see Lowry through the broken shed door was holding a large fix blade knife. Lowry reportedly yelled that he was going to 'kill all you f-----g pigs'.”

The deputies backed away and called for backup.

Two more deputies arrived as Lowry was still yelling “f--- the police, you are all liars” and “I’m going to kill you all.”

One of the deputies reported hearing Lowry say he had “waited for this day my whole life.”

That's when the sergeant arrived on scene and took command of the response.

"Deputies tried calming Lowry down," the DA wrote. "All reports were that the deputies were calm and professional, requesting Lowry come out of the shed with his hands empty and showing. Lowry refused to come out and demanded to speak with Garrison. Ms. Garrison was summoned and provided the PA system on one of the patrol vehicles to address Lowry. She told him she loved him and that she didn’t want him or the officers to get hurt. Lowry initially calmed down."

At that point, one of the deputies "switched out his firearm for a less lethal (rubber bullet firing) rifle because he believed the incident was going to resolve peacefully," the DA wrote. "Deputies again requested Lowry come out with his hands empty and showing. Lowry re-escalated and demanded to speak again with Garrison. Garrison attempted to calm Lowry down again, but was unsuccessful."

That is when "Lowry broke through the wall of the shed" and ran towards a deputy with a knife in his hand.

"Garrison said she saw Lowry 'run' toward the deputies. The deputies reported Lowry moved at a purposeful pace, picking up speed as he went, with something in his hand," the DA wrote. "He refused commands to stop and drop what was in his hand."

That's when a deputy "fired a 40mm less lethal round at Lowry, hitting Lowry in the chest, with no effect on Lowry," the DA wrote.

Then the sergeant "fired at Lowry in defense of his subordinates and prior to a 'crossfire' situation arising as Lowry moved to where the deputies were staged in cover," the DA wrote. "Lowry covered approximately 30 feet from the shed to the point where he was shot."

Deputies provided first aid for 20 minutes until medics arrived at the remote location. "Medics pronounced Lowry deceased upon their arrival," the DA wrote.

Detectives from Oregon State Police and Springfield Police took charge of the investigation, the DA said, noting "normally, there would be assistance from Eugene Police, but they reported having no available detectives."