A Vancouver man who pointed a loaded handgun at Clark County sheriff’s deputies as they responded to a domestic disturbance in July 2019 was sentenced Wednesday to nearly five years in prison.
Clark County Superior Court Judge John Fairgrieve acknowledged that DeAngelo D. Clayton was experiencing a mental health crisis at the time and had made comments about wanting to die. But despite the mental health factor and Clayton’s remorsefulness, the judge said he could not find a reason to sentence him below the standard range and handed down a 58-month sentence.
“This was a very dangerous situation with you being armed with a loaded firearm,” Fairgrieve told the 44-year-old man. He said that if the deputies had opened fire, their actions likely would have been found legally justified.
“Fortunately for everybody, they didn’t. … They exercised substantial restraint,” the judge said.
Clayton apologized to the deputies, who did not appear to be present, stating that his refusal to take his medication put them and him in danger. He thanked them for handling the situation the way they did.
Clayton was found guilty by Fairgrieve during a bench trial in December of two counts of second-degree assault, with a deadly weapon enhancement, and one count of second-degree unlawful possession of a firearm.
On Wednesday, Fairgrieve denied a motion from the defense to reopen the evidentiary phase of Clayton’s trial and a motion for a new trial. The defense pointed to an assessment it argued could have been used for a diminished capacity defense. However, Fairgrieve found there was a lack of extraordinary circumstances and lack of new evidence to grant either motion.
Clayton’s defense attorney, Michele Michalek, argued his illness prevented him from conforming his behavior to the law.
“He wanted to die, and that’s what his main goal was, to have someone kill him,” she said. Michalek said Clayton was hallucinating and couldn’t remember anything from the incident.
In addition to prison, Clayton will serve 18 months of community custody and must undergo mental health and chemical dependency evaluations and any necessary treatment.
Disturbance
Deputies were called at about 10 p.m. July 31, 2019, for a disturbance between a man and woman, who were heard yelling at each other. Deputies Ethan Ogdee and Chris Nicholls responded to the 3500 block of Northeast 49th Street and heard arguing coming from a nearby quadplex, according to an affidavit of probable cause.
As they approached, they saw a man inside the garage of one of the units pacing and yelling at a woman who was seated in an SUV in the driveway. When the man, later identified as Clayton, saw the deputies, he yelled at the woman, “You called the cops?” the affidavit says.
Deputies said Clayton appeared to be having a mental health crisis. He pointed a handgun at Nicholls and said, “I’m ready to (expletive) go,” according to the affidavit.
Nicholls took cover and told Ogdee the suspect was armed. Ogdee drew his weapon and pointed it at Clayton, who trained his firearm on Ogdee, the court document states.
The woman started screaming, “Don’t shoot, there’s a baby in the car!” Clayton then moved to the back of the garage and closed the door, court records say.
Deputies moved to cover and could see a silhouette of a person through the windows inside the residence. Additional deputies, with an armored vehicle, and Vancouver police officers were called to assist with the situation.
After a short standoff, Clayton opened the garage door and was seen holding what appeared to be a firearm, pointed at officers. He pointed the firearm at himself and said, “kill me.” Clayton then tossed the firearm on the ground and was taken into custody without further incident, according to the affidavit.
Deputies discovered the .40 caliber handgun had a live round in the chamber, the affidavit says.
