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OREGON CITY, Or. -- A Clackamas County grand jury concluded that Oregon State Police Trooper Garrett Bailey and Clackamas County Sheriff’s Office Deputy Jordan Landstrom were justified in using deadly force when they were confronted last month by Nicolas Toler.
The grand jury reviewed evidence and testimony from the incident involving Toler. Following deliberations on Tuesday, May 26, the grand jurors voted and determined that the actions of the law enforcement officers were justified and lawful under Oregon law.
On Sunday, April 12, 2026, at 6:55 p.m., Oregon State Police Trooper Bailey responded to a report of a male walking in traffic near U.S Route 26 in the Brightwood area.
As Trooper Bailey searched for the male, he saw Nicolas Toler (white male, 19 years old) sitting in his truck near the intersection of U.S. 26 and East Brightwood Loop Road. Trooper Bailey contacted Toler to ask if he had seen anyone walking in traffic.
Trooper Bailey observed open containers of alcohol in Toler’s vehicle and Toler appeared to be under the influence. When Trooper Bailey initiated a DUII investigation, Toler said “goodbye” and drove away on U.S. 26.
Trooper Bailey returned to his vehicle and pursued Toler, who reached speeds of over 110 mph during the pursuit.
Toler turned onto a dead-end street and, when he attempted to turn around, Trooper Bailey pinned Toler’s vehicle. While Toler’s vehicle was immobilized, Trooper Bailey exited his vehicle and ordered Toler to show him his hands. Toler refused, rolled down his window and told Trooper Bailey he had a gun. Toler was able to maneuver his vehicle out of the pin and returned to U.S 26.
Toler continued driving at a high rate of speed with Trooper Bailey in pursuit. Toler then turned down a different dead-end road. As Toler turned his truck around, Trooper Bailey again attempted to immobilize Toler’s truck by pinning it with his patrol vehicle. Toler again was able to evade Trooper Bailey and continued back onto U.S. 26.
During the high-speed pursuit, Toler sent friends a Snapchat video stating, “Hey boys. I think it’s the end of Nicky.”
Trooper Bailey continued his pursuit and requested assistance from additional law enforcement. Deputy Jordan Landstrom of the Clackamas County Sheriff’s Office responded.
Toler eventually pulled into the parking area near the Barlow Trail Roadhouse where Trooper Bailey then successfully pinned and immobilized Toler’s vehicle.
Toler exited his vehicle and was hiding his right hand behind his back. Toler was repeatedly ordered to show officers his hands and Toler refused.
Toler quickly drew his right hand from behind his back as if producing a firearm, and shots were fired at Toler. Toler went to the ground, and officers could see he did not have a weapon. Toler, however, got up and ignored officers’ commands to remain on the ground. Toler then walked back to his truck and out of view of the officers where he remained for several minutes. This concerned the officers as they could not see if he was retrieving a firearm.
Toler then re-emerged from his vehicle. Officers did not know if he retrieved anything from his truck. When he was visible again, officers gave him multiple commands to show them his hands. Toler refused.
Toler then represented that he had a weapon by pointing an object twice at the officers as if it were a firearm. Officers again fired at Toler, who was incapacitated and eventually pronounced dead at the scene. The item in his hand that he represented was a firearm was likely a black wallet he retrieved from his vehicle but was holding it as if to simulate having a firearm.
It was determined that Trooper Bailey fired seven rounds and Deputy Landstrom fired two rounds. An autopsy revealed Toler was shot four to five times. It could not be determined with more specificity as there were multiple wounds that could have been caused by a single bullet.
The chain of events described in this summary were captured in their totality by either body worn or vehicle mounted cameras. The duration of the incident from the time Trooper Bailey initially made contact with Toler until Toler was fatally shot was approximately 25 minutes
The investigation into this matter, led by Clackamas County Major Crimes Team detectives from the Lake Oswego and West Linn Police departments.