County pays $1 million to settle with Kaady family

In 2005, a Sandy officer and Clackamas County deputy shot and killed Fouad Kaady, who was naked, unarmed, injured

By Jim Hart

The Sandy Post, Mar 16, 2010, Updated Mar 16, 2010

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Instead of a three-week trial in federal court, Clackamas County will pay $1 million to the family of Fouad Kaady, 27, who died more than four years ago after he was shot seven times by William Bergin, a Sandy police officer, and Dave Willard, a Clackamas County deputy sheriff.

The city of Sandy settled with the Kaady family in early July 2009, paying the same amount, $1 million.

Kaady’s death occurred on Sept. 8, 2005, near 362nd Drive in Sandy.

Kaady had been seriously burned while driving his car, had been involved in a crash and was sitting at the side of the road when the deputy and police officer found him, according to papers filed in U.S. District Court in Portland.

Seattle-based defense attorney Michael Patterson portrayed Kaady as a threat to the public and the officers.

“(Kaady) was engaged in very unsafe conduct throughout the entire day,” Patterson said in a phone interview Tuesday. “He ran a woman off the road into a tree at 90 miles an hour; he hit two other vehicles and ran them off the road; started two fires; the schools were locked down; he assaulted a Good Samaritan by kicking him in the chest; and he threatened to kill the officers and was about ready to jump on them (from atop the police vehicle).

“Mr. Kaady was excited and had shown extreme strength. In fear for their lives, the officers shot him.”

At the time the officers first contacted Kaady, he was reported unarmed and had removed all of his burning clothing.

He had serious burns over 40 percent of his body and was groaning, likely from pain, according to Kaady family attorney Kent Spence.

When Kaady didn’t respond to the officers’ requests to lie face down on the pavement so they could handcuff him, Spence said, he was shot with a Taser several times.

But he allegedly pulled the Taser prongs out, ran to the police car and stood on top, wildly waving his arms.

That’s when the officers began to shoot. In a telephone interview Monday, Spence called the incident a “senseless killing,” noting Kaady just needed medical care, “and there was an ambulance right there, with the paramedics just watching.”

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