Portland police vehicles block off scene of schooting at Southwest Portland preschool on Thursday, May 8. (Staff photo: Jim Redden)

The security guard who shot a man who was assaulting him near a Jewish preschool in Southwest Portland on May 8 will not be prosecuted.

The Multnomah County District Attorney’s Office revealed that it will not charge Eric Salisbury, 53, with any crimes on June 18. An analysis of the incident by Deputy District Attorney Andrew Wood concluded that Manuel Garza, 32, attacked Salisbury for no logical reason, knocked him to the ground on his back, and was strangling and yelling at him when Salisbury fired one shot, striking Garza in the stomach.

The analysis is supported by video from a body-worn camera that Salisbury was wearing and an eye witness. Garza died in the hospital of complications from his wound on on May 23.

According to the analysis, Salisbury, a professional security guard licensed to carry a weapon, was employed by the preschool at 6612 S.W. Capitol Hwy. He was in the parking lot between the preschool and the Fanno Creek Medical Center when Garza drove close to him at a high rate of speed, forcing Salisbury to jump out of the way. Salisbury followed Garza to where he had stopped and read his license plate number into his body-worn camera. Garza lunged out of his car, knocked Salisbury down, and began strangling him.

“Garza maintained a dominant position on Salisbury as Garza continued his assault. Salisbury told Garza that he would shoot Garza, and Garza responded by screaming, ‘shoot me’ and he continued to furiously attack Salisbury. Salisbury was threatened by Garza who was visibly enraged and yelled the following at Salisbury: ‘You’re powerless b**** h, what the f**k are you gonna do!’  while yelling, ‘You’re powerless!’” the analysis said.

Fearing for his life, Salisbury shot Garza, then administered medical help. The assault was witnessed by a female from the clinic who was in her car eating lunch. Afraid Garza would attack her, she ran into the clinic.

“Under these circumstances, 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 Garza presented, due to the fact that Garza had Salisbury pinned on his back. Salisbury fired one time and stopped when Garza relented after the shot, then Salisbury immediately sought out medical aid for Garza. As such, Mr. Salisbury’s use of deadly physical force against Mr. Garza was justified and not criminal under Oregon law,” Wood wrote.