PORTLAND – An attempted murder charge has been dismissed after a man who was shot five times declined to testify against the alleged gunman.
Damon McDonald, 22, was arrested on a probation violation this week after he failed to show up for the expected start of the trial, the Oregonian newspaper reported.
McDonald then tried to assert his Fifth Amendment right against incriminating himself and refused to answer questions during a pretrial hearing.
Judge John A. Wittmayer told the victim he didn’t have the right to assert his Fifth Amendment because he would not be incriminating himself. “He just said he would respectfully decline the court’s order to testify,” said McDonald’s lawyer, Jennifer List.
Wittmayer found McDonald in contempt of court. He fined him $500 and sent him to jail for 30 days.
Charges against 18-year-old Demetrius Brown were dismissed Thursday and he was released from custody.
The shooting occurred May 26 in North Portland. Officer Adam Barr found McDonald with no vital signs and administered emergency cardiopulmonary resuscitation before he was taken to Legacy Emanuel Hospital.
McDonald, police said, is a documented member of the Rollin’ 60s Crips gang. Brown is a known member of the Hoover gang, police said.