Eugene police officer testifies in civil trial over fatal shooting

Eugene police officer Samuel Tykol said he was reacting to safety concerns and resistance from Eliborio Rodrigues Jr. when he grabbed the man’s arm and attempted to handcuff him before a 2019 street altercation in which he fatally shot Rodrigues.

Tykol’s testimony came Wednesday, Nov. 19, during a civil trial in U.S. District Court in Eugene. Tykol was on the witness stand Tuesday and Wednesday answering questions from an attorney representing the estate of Rodrigues.

Jurors are set to decide on allegations of wrongful death and negligence made against Tykol, who shot Rodrigues in a 2019 encounter that began shortly after he approached Rodrigues about walking in the roadway on Acacia Avenue at about 12:30 a.m. on Nov. 30.

The Lane County District Attorney’s Office previously declined to file any criminal charges against Tykol.

While Tykol on Wednesday answered questions about the final moments leading to the fatal shooting, he also was grilled about his initial encounter with the unarmed Rodrigues.

When first approached by Tykol, Rodrigues carried a plastic bag and could be seen trying to put a bottle into the bag, said Michelle Burrows, the attorney representing the Rodrigues estate.

Tykol walked up to him to start the encounter, and within 90 seconds placed his hands on Rodrigues.

“You closed the distance, grabbed a hold of Mr. Rodrigues. You did that within one minute and twenty-five seconds. Do you think you created the situation that then evolved?” Burrows asked Tykol.

“No, I don’t,” Tykol said.

“Do you take any responsibility?” Borrows asked.

“I admit I made intentional decisions,” Tykol said. But he testified they were based on the “stimulus” of Rodrigues.

First orders

Tykol testified that walking in a roadway when a sidewalk is present is considered a pedestrian violation. An officer has probable cause to stop someone and investigate such a violation, according to court documents filed by an attorney for the city of Eugene.

After saying hello, Tykol briefly spoke with Rodrigues about walking in the roadway, according to video from Tykol’s body-worn camera played for the jury.

Heavy clothing worn by Rodrigues that could possibly conceal a weapon and also nearby trash bins led Tykol to make his first verbal orders, the officer testified.

“I’m telling him to put the bag and stuff down. I don’t know what else is in the bag or on his person or the trash cans,” Tykol testified, stating that Rodriguez did not put the bag down.

“When I grab him, it’s to escort him away from those bins, since he’s not listening to what I’m saying,” Tykol said.

Tykol also testified that, before approaching Rodrigues, he had seen him walk past bins, leading him to doubt that Rodrigues was “canning,” a term referring to the collection of bottles and cans to turn them in for money.

“I didn’t think he was canning. I thought it was a deception tactic,” Tykol said.

Burrows questioned Tykol, asking whether he ever saw Rodrigues attempt to hide, to which Tykol said no. He testified on Tuesday that, for that neighborhood, “generally I did not see people walking out and about at that time” of night, and that Rodrigues wore dark clothing with a facial covering on a cold night. Burrows said the temperature was in the 20s.

On Tuesday, Tykol testified he had been a police officer for almost four years in 2019. He’s now a sergeant with the Eugene department.

Communication questions

Tykol on Tuesday said he had a master’s degree in communication studies, but Burrows repeatedly asked him about his communication with Rodrigues before grabbing him.

“Did you ask Mr. Rodrigues his name? …  Did you ask him where he was going? … Did you ask him what he was doing there?” Burrows said.

To each question, Tykol answered no.

Asked Wednesday why he didn’t talk to Rodrigues more about “canning,” Tykol replied, “when he wasn’t obeying commands, I didn’t want him reaching around for things.”

“I want to continue to have a conversation, but I want to do it safely without the distractions of the bag and bottles and whatever else may be there,” Tykol said.

Multiple times, Rodrigues could be heard in the body-worn camera footage asking for a sergeant to be called.

Tykol said that by telling Rodrigues he would call a sergeant if he would sit down, “that is a form of de-escalation.”

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. The official department finding was the Tykol did not violate any department policies either in the events leading to the shooting or the shooting itself.

Tykol testified that he told Rodrigues to sit down while escorting him away from the bins, but Rodrigues did not willingly sit down. He testified that Rodrigues had an obligation to comply because he was detained for lawful reasons.

“I’m trying to push him down, and he’s using his legs to push back against me,” Tykol said.

In the video, Tykol can be heard stating to Rodrigues that he’s interfering with police, and then Rodrigues states he’s “not interfering with nobody.” Tykol then orders Rodrigues to put his hands behind his back.

In the video, Rodrigues can also be heard calling out, “for help,” Burrows said.

Tykol testified that in trying unsuccessfully to handcuff Rodrigues, he was “shocked at how much strength” Rodrigues displayed “for what I perceived him to be.” 

“When I tried to pull his arm back, I thought he may have been under the influence of a stimulant because of his strength,” Tykol said.

Ben Miller, an attorney for the city of Eugene, in opening arguments in the case Monday, told jurors that blood and urine from Rodrigues tested positive for methamphetamine.

The video cuts off with Tykol repeating, “You’re under arrest. You’re under arrest.”

Pursuit and shooting

Tykol’s body-worn camera became dislodged from his uniform and switched off, according to court documents filed by the city of Eugene attorney in the case.

In court testimony, Tykol said Rodrigues ran away, but then turned back to face the officer in “a fighting stance, as I interpreted it.” Tykol said his momentum while in pursuit led him to come into contact with Rodrigues, and then “I remember exchanging punches,” Tykol said.

“He hit me, made solid connections one or two times,” Tykol said.

After the exchange of punches, Rodrigues again started to run, Tykol said. Soon after, Tykol said he ran into him and pushed him to the ground.

Asked by Burrows about giving chase on foot, Tykol said Rodrigues had committed two crimes, interfering with a police officer and also escape. He said he also had a concern about the houses nearby.

“I’ve been to calls where people flee into houses they didn’t belong to,” Tykol said.

At first, Tykol was on top of Rodrigues, but then “we get flipped around” with Tykol on his back.

Tykol testified that while he deployed his Taser, Rodrigues grabbed the weapon and they struggled for control. Tykol said the Taser was activated while touching his body three times.

While beneath Rodrigues, Tykol began “to feel the right side of my body start to go numb,” he said. 

“At that point, I’m exhausted. I’ve been punched in the head. I’m already concerned that one more good connection to the head, I’m going to be knocked out,” Tykol said, leading him to draw his weapon in self-defense and fire at Rodrigues.

Miller briefly also questioned Tykol, playing for the jury video from a body-worn camera of an officer who arrived after the shooting.

Tykol could be seen hunched over, breathing heavily.

“He grabbed my Taser. He was on top of me,” Tykol said in the video.

Miller also showed juror photos of Tykol in which a scrape could be seen on his forehead, and said that he would later call Tykol to the stand to provide more testimony.

The trial is scheduled to stretch into next week.