QuickTake:

Less than three weeks before being shot, Aaron James Drake, 34, had an aggravated harassment charge dismissed because it was found he had no substantial probability in the foreseeable future to be able to proceed in court.

A 34-year-old man shot by Oregon State Police in Eugene after allegedly stabbing a police dog had been found mentally unfit to proceed in a criminal case last month, court records show.

Aaron James Drake sustained an injury that was not life-threatening after being shot Sunday, Oct. 18, on Glory Drive in the River Road neighborhood, according to court records that match information released by Eugene police.

The dog sustained superficial injuries, police said.

About three weeks earlier, Lane County Circuit Judge Kamala Shugar ordered dismissal of felony aggravated harassment and misdemeanor second-degree criminal trespass charges filed against Drake

The Sept. 30 dismissal followed a defense attorney’s motion citing a previous “never able” finding. In July, a misdemeanor criminal trespass charge was dismissed after a finding that there was no substantial probability that Drake would regain fitness within the foreseeable future to be able to proceed in court.

Drake has been held in Lane County Jail since Monday according to online booking records, but he was unable to attend a scheduled arraignment Tuesday, Lane County Circuit Court docket records state. His first appearance before a judge is scheduled for Thursday.

Drake was charged Tuesday, with first-degree burglary, attempted assault of a law enforcement animal, first-degree criminal trespass, resisting arrest and first-degree attempted animal abuse.

All but the burglary charge are misdemeanors.

The use of lethal force by police means the Lane County Interagency Deadly Force Investigation Team — rather than Eugene police or Oregon State Police — will lead the shooting investigation.

Lane County District Attorney Christopher Parosa will then review the investigation to decide if any criminal charges are warranted.

According to Oregon law, “an imminent threat of death or serious physical injury to the peace officer or to a third person” must be present before police can use deadly force.

Parosa did not identify Drake as the person shot, but a date and address match between court and dispatch records as well as statements from neighbors identify Drake as the person shot.

Drake is alleged to have refused to leave a home he did not have permission to occupy on Glory Drive in northwest Eugene.

Eugene police said Drake was armed with a knife during an hours-long standoff. 

Neighbors who spoke Monday to Lookout Eugene-Springfield on the condition they not be identified said they knew the home’s residents were out. They said they heard an unfamiliar man in their neighbor’s home yelling that he owned the property and saying nonsensical things, including ranting about “billionaires.”

Eugene police said Oregon State Police SWAT members were called to assist.