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Attorneys On Retainer Member Acts in Self-Defense with a Firearm Outside Portland Jewish Preschool, Authorities Decline Prosecution

Last Updated 06/17/2025

NOTE: Mr. Salisbury’s body worn camera is displaying the incorrect date of 5/7/2025. The incident occurred on 5/8/2025.

PORTLAND, OR — The Multnomah County District Attorney’s Office has officially declined to file charges against Eric Salisbury, a licensed security professional and member of The Attorneys On Retainer Program, who was violently attacked while on duty outside The Gan, a Jewish preschool in Portland.

After a full investigation and detailed review of body-worn camera footage and eyewitness accounts, Deputy District Attorney Andrew Wood concluded that “Mr. Salisbury’s use of deadly physical force against Mr. Garza was justified and not criminal under Oregon law.”

What Happened

On May 8, 2025, around 11:50 a.m., Mr. Salisbury was on duty monitoring the preschool parking lot. He observed a vehicle speeding through the lot at an unsafe rate and attempted to intervene. The driver, later identified as 32-year-old Manuel Garza, circled back into the lot, again at a high speed, nearly hitting Mr. Salisbury.

Garza then turned into the adjacent Fanno Creek Medical Center parking lot. Mr. Salisbury followed on foot and began reading the license plate aloud into his body-worn camera for documentation to give to police. At that point, Garza exited his vehicle, “charged at Salisbury, and forcefully knocked him to the ground,” according to the DA’s memo.

The Assault and Act of Self-Defense

While Mr. Salisbury was pinned to the ground, “Garza was on top of Salisbury and strangling him,” the memo states. Mr. Salisbury issued a clear verbal warning that he would use force, but “Garza disregarded the force warning,” and continued to attack. Garza is seen yelling at Salisbury and screamed, “shoot me,” while continuing to choke him.

A witness eating lunch nearby confirmed seeing Garza attack Mr. Salisbury and ran inside out of fear that Garza would get away from Salisbury and go toward her.

Salisbury attempted to fight off the attack but was unable to overcome Garza’s strength. “Garza appeared to have one arm extended toward Salisbury’s throat, holding Salisbury down,” the memo explains. Mr. Salisbury, unable to access his pepper spray or any lesser form of defense, drew his legally carried firearm and fired a single round into Garza’s abdomen.

The memo notes:

“Once Garza stopped the attack, no further force was used by Salisbury. Salisbury immediately sought medical aid for Garza.”

Mr. Salisbury can be heard wheezing as he walked into the clinic to ask for help and then called 911. Garza was taken to the hospital but died from complications related to the gunshot on May 23, 2025.

Lawful and Justified Under Oregon Law

The memo outlines that under Oregon law (ORS 161.209 and 161.219), a person is justified in using deadly physical force when they reasonably believe someone is “using or about to use unlawful deadly physical force against them.”

In this case:

“It was objectively reasonable for Salisbury to believe Garza was about to kill him, or at least that a felony involving the use of physical force was about to occur.”

Salisbury “had no lesser degree of force available to him to stop the threat” because Garza had him pinned on his back. His decision to fire one shot—and only one—was deemed legally appropriate and necessary.

Immediate Legal Response and Representation

Following the incident, Mr. Salisbury contacted The Attorneys On Retainer Emergency Hotline and was immediately connected to counsel at The Attorneys For Freedom Law Firm. Our team coordinated his legal defense, consulted directly with detectives and prosecutors, and engaged professional investigators to ensure Mr. Salisbury’s rights were protected.

Our firm’s full statement on this case can be found here: Read the Official Press Release

Additional Resources

View Multnomah County District Attorney’s Office Memo Declining Prosecution

Body camera shows lead-up to fatal shooting next door to Portland preschool – KGW8

No charges for Portland preschool guard in deadly shooting, deemed self-defense – KATU

DA: Security guard won’t face charges for deadly shooting near SW Portland preschool – Fox12 Oregon

Questions remain in deadly shooting outside Portland Jewish preschool – OregonLive