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Jan-30-2008 23:10printcomments

DA and Medical Examiner Rule Death at Oregon State Penitentiary Accidental

The inmate has a reported history of escape, violence and non-compliance with corrections officers.

(SALEM, Ore.) - The Marion County District Attorney's Office has determined that the death of Oregon State Penitentiary inmate David Schmidt on December 3rd 2007 was not the result of criminal conduct by Oregon State Penitentiary employees.

Oregon State Police investigated the facts and circumstances of the death. They say Schmidt's death occurred during a cell extraction necessitated when Schmidt refused repeated directives and became violent with Oregon State Penitentiary staff.

They report that Schmidt has a history of escape, violence and non-compliance with corrections officers.

The State Medical Examiner ruled that Schmidt's death was accidental, caused by "restraint asphyxia due to exhaustion and chest compression."

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Becky June 13, 2011 1:41 pm (Pacific time)

David was a victim to the saddest life story that I have ever heard. He was a survivor of a hell of which none of you could imagine. He was a kind, loving and energetic man. God saw fit to save him from the misery he knew here, and to bless him with unconditional love for all eternity. He is loved still, and missed.

SH April 24, 2009 5:14 pm (Pacific time)

What most people do not understand, and "only" those who have worked in a prison can know is....a convict has 24/7 to come up with ways to mess with the guards and boredom has it's own price. If an inmate cannot follow basic rules while locked in a maxinum security correctional facility, then he/she will never follow the rules the rest of us live by. Have you ever tried "extracting" an inmate from a cell?? They throw feces and urine at you, they spit on you and that's not when they are trying to shank (knife) you. I'm sure the officers did what they had to do. The inmate have too many rights for officers to use extreme force.

Stephanie March 7, 2008 9:23 am (Pacific time)

Are you kidding me? Choked out by the police legally? What a crock of ... So, as he was dying he was still resisting or causing the officer reason to believe he was in danger? Really he must have been unconscious at some point as they continue to smother the life out of him and thats necessary? I have a hard time believing that!~

rjerryc February 2, 2008 7:48 am (Pacific time)

There is a reason these losers are locked up in the first place. They are criminals who likely violated someone's rights or property. If you can't obey the law, or at least have respect for your fellow man, don't expect sympathy from most people. This is no different than the losers that decide to take off running when told to stop by an officer. At that point, your only right should be the right to be shot for disrespecting the officer. If you say you don't trust the police, too bad. It's people who have that thought that created the problem anyway. Losers that run when told to stop are the ones that caused the police to be as agressive as they are. They have to be when dealing with jackasses, morons and losers who feel they have some basic right to disobey the law. I believe in the death penalty in many cases and believe that if you run from any officer who tells you to stop that he should have the right to shoot you to make you stop. If this were the legal practice, I guarantee that crime rates would drop drastically.

Vic February 2, 2008 7:18 am (Pacific time)

When do drug dealers, bank robbers ,rapist and murderers(not employed by the stste) get to hold their own investigations? I wonder how many convictions there would be? Im sure many deaths that happen during burglaries, hold ups, etc could be ruled if the teller or clerk is "non-compliant" Never expect justice in these sham "investigations".

SB February 1, 2008 10:15 pm (Pacific time)

It's not "OK", no one wants that outcome, but sometimes you are given no choice. Maybe you should go there and see first hand how violent inmates can be. If your choice were your life, or restraining someone, possibly hurting them in process....what would you choose?

JB February 1, 2008 2:51 pm (Pacific time)

Don't do the crime if you can't do the time.

Anonymous February 1, 2008 2:09 am (Pacific time)

Yeah, so it is OK to "accidentally" kill an inmate by suffocation? How long did they hold this guy? What a farce of an investigation! Killed during a cell-extraction... and they have what, ten cops there at the time? I don't trust the cops.

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