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OREGON CITY, Or. -- A Clackamas County grand jury concluded that Canby Police Department Sergeants Britton Nelson and Allen Miller were justified in using deadly force when they were confronted earlier this month by Mario Francisco Mendoza Jr.
The grand jury reviewed evidence and testimony from the incident involving Mendoza, 34. Following deliberations on Friday, Sept. 18, the grand jurors voted and determined that the actions of the law enforcement officers were justified and lawful under Oregon law.
At approximately 9:10 p.m. on Sept. 3, 2026, the Canby Police Department responded to an incident at the Canby Fred Meyer store. Police learned that a man associated with the incident, Mendoza, was in the retail center’s parking lot.
Sgt. Nelson contacted Mendoza and learned he was under post-prison supervision and prohibited from consuming alcohol. Sgt. Nelson smelled alcohol on Mendoza’s breath and sought a detainer from Mendoza’s parole officer.
When Sgt. Nelson attempted to search Mendoza for weapons, Mendoza jumped away from Sgt. Nelson, who decided to let him leave rather than patting him down for weapons and risk a use-of-force incident that could put the safety of Mendoza, officers and the public at risk.
Just before 10:30 p.m. Mendoza approached a group of teenagers at the Sequoia Grove apartments adjacent to the Fred Meyer store and offered them money and marijuana if they would allow him to stay in their apartment while he waited for a ride.
The teens declined. After they went inside the apartment, Mendoza kept turning the door handle and attempting to enter.
A parent living in the apartment told Mendoza to leave and called police when he refused.
Sergeants Nelson and Miller responded, and shortly after arriving, they found Mendoza walking through the apartment building’s parking lot. The officers ordered him to stop and told him that he was being detained.
Mendoza was ordered to get on the ground. Mendoza began running with Sergeants Nelson and Miller in pursuit.
Sgt. Miller caught up with Mendoza and as he did, Mendoza pulled out a handgun and fired at Sgt. Miller as Sgt. Nelson simultaneously warned that Mendoza had a gun.
Sgt. Miller was just inches behind Mendoza and felt the muzzle blast on his face as Mendoza fired.
Mendoza fired one more time before Sergeants Nelson and Miller returned fire. Mendoza fell to the ground, then stood up again.
Together, Sergeants Nelson and Miller fired 24 rounds. The entire exchange of gunfire took 5.6 seconds. The encounter with Mendoza was recorded on police body-worn cameras, which the grand jury reviewed.
At this point, Mendoza was still breathing and moving. The sergeants and other officers administered first aid and called for an ambulance. Mendoza died at the scene after the ambulance arrived.
Mendoza was armed with a non-serialized “ghost gun” with an extended magazine holding 33 rounds. Investigators determined Mendoza’s gun malfunctioned when it improperly ejected a spent shell casing.
The investigation was led by Lake Oswego Police Department and Clackamas County Sheriff’s Office in coordination with the Clackamas County Major Crimes Team.