QuickTake:

Eugene police officer Samuel Tykol shot Eliborio Rodrigues Jr. in 2019 after first confronting him for walking in a residential street. No criminal charges were filed against Tykol. A lawsuit filed by the estate of Rodrigues alleges wrongful death and negligence.

An attorney for the estate of a 40-year-old man killed in a Eugene police shooting told a jury Monday, Nov. 17, “nobody really knows the complete story” about the death of Eliborio “Eli” Rodrigues Jr.

Samuel Tykol, a Eugene police officer, shot Rodrigues in an altercation that began shortly after approaching him about walking in the roadway on Acacia Avenue at about 12:30 a.m. on Nov. 30 in 2019.

Jurors in the civil trial that began Monday will decide on allegations of wrongful death and negligence against Tykol. The Lane County District Attorney’s Office previously declined to file any criminal charges against Tykol.

Michelle Burrows, the attorney representing Rodrigues’ estate, told jurors that while a body-worn camera captured Tykol approaching Rodrigues, the lack of a complete video means jurors have to decide what likely happened leading up to the shooting.

“After the body-worn camera falls off, there is a real difficult situation for you, because the only witness, the only evidence, the only thing we have is officer Tykol’s statement. There’s almost no corroborating evidence for what Tykol tells us happens,” Burrows said.

The lawsuit also alleges Tykol failed to follow police policy. Court documents filed as part of the lawsuit highlight findings by Eugene’s police auditor that Tykol violated de-escalation and use of force policies. The police auditor is independent from the Eugene Police Department.

“Officer Tykol had all the power. Rodrigues didn’t have any power in this situation,” Burrows said.

“I hope that this case causes you to pay close attention to what is not known, and figure out what likely happened, because nobody really knows the complete story,” Burrows said.

Tykol has said he shot Rodrigues after fearing for his life during a physical altercation, according to court documents, which describe the shooting taking place after Tykol “had been punched multiple times, and was on his back on the asphalt street” with Rodrigues on top of him.

A city attorney representing Tykol on Monday disputed Burrows’ claim about a lack of evidence.

“This case is about methamphetamine and violently assaulting a police officer,” Ben Miller, a city attorney representing Tykol, told the jury. Miller said blood and urine from Rodrigues tested positive for methamphetamine.

Miller said Rodrigues “refused to submit to the stop, let alone the arrest,” and then “repeatedly punched a police officer in the head.” He said Rodrigues was “making irrational decisions.”

Miller said Tykol tried using pepper spray and then a Taser at different times during the encounter with Rodrigues.

Tykol thought “he was going to be killed,” Miller said.

“His only tool left was his firearm, and he shot Mr. Rodrigues to save his own life,” Miller said.