As part of my ongoing lawsuit against Multnomah County, I finally obtained images of the x-rays taken of my broken arm on June 28, 2017. As you can clearly see this was not just any fracture. The largest bone in my arm was broken into two pieces. That is among the reasons why Dr. Wilson "Toby" Hayes concluded that my version of events were the only version of events offered by any of the parties that explained my injury with any reasonable amount of scientific certainty. I am uploading his entire Expert Witness Report with this article as a .pdf that you can find by clicking the .pdf icon located above the body of this article near the map.
Just looking at this x-ray, in my opinion, should be enough to convince a lay person that this could not have been done accidentally. Deputy Timothy Barker would have you believe that he heard a pop while hand cuffing me on the fifth floor of the Multnomah County Detention Center (MCDC) and that pop must have been the arm breaking. He went to to accuse me of "fighting ferociously" despite the injury and not complaining about it until after I was taken to the fourth floor. Any doctor can tell you that no person can fight at all right after sustaining such an injury. Had my arm been broken on the fifth floor I would have been wailing in pain the way I was on the fourth floor after Deputy Barker got on top of me, un-cuffed my hands which were behind my back, grabbed my left arm, and twisted it away from my body until the bond snapped in half.
Their efforts to cover this up resulted in a federal indictment charging me with five counts of assault on a federal officer resulting in bodily injury. That is because they made up a story saying that I was fighting ferociously after my arm had been broken. . They were considered federal employees because I was being held on a United States Marshal hold. The cameras in the MCDC housing units do not record and they do not wear body cameras, so it was my word against theirs. Dr. Hayes wrote his report a couple weeks before I was scheduled for trial in 2018. After his report was submitted to the government Assistant United States Attorney Greg Nyhus was taken off my case and replaced with AUSA Scott Kerin. Kerin offered me time served if I pled to one count of assaulting a federal officer that did not result in bodily injury. I took the deal because I had thrown a handful of spicy chips in Barker's face right before I was handcuffed on the fifth floor.
I hope that a reasonable jury would have a hard time believing that this injury could be the result of an accident that took place during a forceful cuffing and not the result of an intentional twisting of the arm. This image along with the expert testimony should be enough to overcome the nice uniforms the defendants will surely be wearing and my personal criminal record.