Lethal Shooting in Domestic Violence Case Deemed Justified

Following a two month investigation, the Clatsop County District Attorney has determined that the shooting of Bruce Ross Rogers on May 7, 2013, in the City of Warrenton was a justifiable homicide and done in self-defense.

According to Warrenton Chief of Police, Mathew Workman, Bruce Rogers illegally entered the residence of his estranged wife that Tuesday morning and announced to one of the occupants that he had a gun and would shoot everyone there if the police were called. Rogers’ wife was later identified as Jennifer Livingston. The other occupants of the apartment were her 18-year-old and 15-year-old daughters and the boyfriend of one of the daughters. Another 27-year-old daughter had left the apartment earlier that morning with her young son.

Rogers was out on bail from previous assault, criminal mischief and strangulation charges. One month earlier, on April 7th, he had allegedly lured Livingston to their home which she had left in December, 2012. She was attempting to collect the rest of her belongings when he forcibly kept her at the home, repeatedly telling her that he would kill her if she tried to divorce him. Livingston was successful in convincing him to allow her to leave. She subsequently contacted law enforcement and, according to Astoria Dispatch records, at 7:08 p.m. on April 8th, Rogers was arrested for fourth-degree assault, second-degree criminal mischief, and strangulation. He was booked into the Clatsop County Jail.

On Tuesday, May 7th, at 10:51am the Warrenton Police Department (WPD) was summoned to 336 S. Main Ave. in Warrenton after receiving a call that an intruder was in an upstairs apartment. According to the press release from Chief Workman, “Residents [of the apartment] continued to speak to Astoria Dispatchers while the police responded. As officers from the WPD, Clatsop County Sheriff’s Office, and Oregon State Police arrived and were taking tactical positions the male subject broke into the bedroom and was subsequently shot by one of the residents. Officers then entered the apartment, secured the weapons and residents, and then rendered aid to the male subject until Medix and Warrenton Fire Department personnel arrived. The 39-year old male subject was pronounced deceased at the scene.”

Oregon law allows the use of deadly physical force against another person only when a person reasonably believes that the other person is:

1. Committing or attempting to commit a felony involving the use or threatened use of physical force against a person; or
2. Committing or attempting to commit a burglary in a dwelling (a burglary occurs when a person trespasses in a dwelling with the intent to commit some crime inside the dwelling); or
3. Using or about to use unlawful deadly physical force against a person.

According to the Clatsop County District Attorney’s office the case will not be submitted to the grand jury for review since the facts don’t present a close question regarding the victim’s use of force in this case. Rogers had been arrested on April 7th, 2013.  Charges of assault, coercion, strangulation and interfering with making a report were pending at the time of his death. Pursuant to the terms of his release in that case, Rogers was to have no contact with the victim or the premises where the shooting occurred.