A jury determined on Tuesday that Will Stutesman, a Eugene police officer, did not use excessive force when he fatally shot Brian Babb in 2015, according to the Register-Guard. The jury returned the verdict following a week-long trial. 

Babb’s estate lost the civil lawsuit they filed against Stutesman and the city of Eugene after Babb’s death, for which they sought $9.3 million in damages, the Register-Guard said. 

In a statement after the trial, Eugene Police Chief Chris Skinner said, “We appreciate the jury’s deliberation on these claims and are pleased they agreed Officer Stutesman did not use excessive force. Regardless, the circumstances of that day in March 2015 ,with the loss of Mr. Babb’s life, are outcomes no one wants to have happen and we acknowledge the deep grief that Mr. Babb’s family and friends carry.”

“These processes are difficult and emotional for all involved, including our officers,” Skinner said. “Activity on the case has been ongoing for almost five years. Throughout the scrutiny and trials, our employees have remained professional and responsive to our community. I’m grateful for their continued courage, service and commitment.”

On March 30, 2015, Babb’s therapist called 911 to report that one of her clients, a veteran who served in Afghanistan and had “severe PTSD” and a traumatic brain injury, had been drinking and fired a gunshot through his ceiling, said then-Eugene Police Chief Pete Kerns in a memo to the former city manager from 2015.
Police arrived at Babb’s residence in an armored rescue vehicle and attempted to communicate with him, Kerns said.

Stutesman shot the 49-year-old after he appeared at his door with a rifle and pointed it at the officer, Kerns said, and police have since learned that Babb’s rifle was not loaded at the time.

A key consideration in the case was whether or not Babb held and pointed a rifle upon answering his door, the Register-Guard reported. The attorneys for his estate argued that he did not and “strongly implied” that police planted it near his body, while the defendants’ attorney said it was unrealistic and that the plaintiffs had not proven it.

The Lane County district attorney previously cleared Stutesman of criminal liability in Babb’s death, according to a May 1, 2015 press release from former Lane County District Attorney Alex Gardner.