A Multnomah County Grand Jury has determined 31-year-old Jonathan Baer's use of deadly force against Thomas Hjelmeland was justified under Oregon criminal law and he won't be charged.
This investigation began on January 11, 2014, at 8:40 p.m., when East Precinct officers responded to the Mystic Gentleman's Club on the report of multiple gunshot victims.
The four people injured were identified as:
26-year-old Brian Thomas Rizzo.
31-year-old Gonzalo Zamora-Hernandez.
27-year-old Nichole Danielle Procter.
43-year-old Thomas Elliott Hjelmeland.
Rizzo remains hospitalized in critical condition while Zamora-Hernandez and Procter were treated and released.
Hjelmeland died at a Portland hospital as a result of his injuries.
Detectives learned that Hjelmeland had been denied entry at the bar earlier in the evening by Rizzo, who was working security at the bar. Hjelmeland returned with a handgun and, wearing a Halloween-style mask, shot at Brian Rizzo three times. Rizzo and the two other victims were hit by gunfire.
Still armed, Hjelmeland turned to go outside where several people were standing and another bar employee, Jonathan Baer, returned fire and struck Hjelmeland in the upper back, knocking him to the ground with injuries that ultimately killed him. Baer has a valid Oregon Concealed Handgun License.
A search of Hjemeland's car, parked nearby the bar, revealed plastic baggies containing multiple rounds of .38, .357 and .38 buckshot ammunition. Additionally, detectives located another Halloween-type mask and ten 31 round Glock pistol magazines, fully loaded and some taped together to allow for rapid reloading of Glock handgun.
It is not clear what Hjelmeland's intentions had for the additional ammunition in his vehicle. At the time of the shooting, Hjelmeland was armed with a revolver and no Glock semi-automatic handguns were ever located.
A fundraising concert for shooting victim Brian Rizzo called "Rise Up For Rizzo" is scheduled for 4:00 p.m. on February 27 at the Bossanova Ballroom, located at 722 East Burnside Street. Additionally, the Mystic Gentleman's Club has set up the Brian Rizzo Donation Fund at any Wells Fargo Bank branch.