AUMSVILLE, Ore. — A Marion County Grand Jury has unanimously determined that two Marion County Sheriff’s deputies were justified in their use of deadly force during a March 29 domestic violence incident that ended with the death of a local man.
The Grand Jury concluded that Deputies Rick Kittelson and Benjamin “Ben” Theodoriches acted lawfully when they discharged their firearms during the encounter with 47-year-old Brian Guy Baker of Aumsville. Investigators ultimately determined Baker died from a self-inflicted gunshot wound.
The decision followed testimony from 10 witnesses and a review of extensive evidence, including photographs, scene diagrams, recorded interviews, firearm analysis, and autopsy findings. Members of the Salem Police Department, which led the independent investigation, also testified.
According to findings presented to the Grand Jury, the incident began around 7:08 p.m. on March 29, when the Willamette Valley Communication Center received a 911 call reporting a domestic disturbance at a residence on West Stayton Road Southeast. The caller reported that Baker was involved in a physical and verbal altercation with his wife, Sondra Baker, and appeared to be “not in his right mind.” The caller also warned that firearms were present in the home.
Deputies Kittelson and Theodoriches responded but were unable to make contact after approximately 15 minutes of knocking. The 911 caller later returned to the home and allowed deputies inside.
As deputies entered, they encountered Sondra Baker calling for help. Moments later, Brian Baker emerged behind her, restraining her with one arm around her neck and pulling her briefly out of view. The pair reappeared, and Baker was armed with a handgun pointed at his wife’s head.
Authorities said Baker fired a shot into the ceiling before pointing the weapon toward Deputy Theodoriches. Theodoriches fired one round in response. Deputy Kittelson, who had moved to gain a different vantage point, also fired multiple rounds as Baker retreated through the home toward a basement area. Sondra Baker fell to the floor during the confrontation.
The deputies then evacuated the victim and a family dog from the residence and did not pursue Baker into the basement. Additional law enforcement units responded to secure the scene.
Witnesses later reported hearing multiple gunshots coming from the basement or garage area shortly after the evacuation.
Law enforcement agencies, including the Oregon State Police, spent several hours attempting to contact Baker and resolve the situation. Negotiators were unable to reach him.
At approximately 1:47 a.m. on March 30, a Marion County judge authorized a search warrant. Tactical teams used drones, a robot, and heavy equipment to enter the home. Shortly after 2 a.m., officers located Baker deceased in the garage area, lying beneath a pool table with a firearm nearby.
An autopsy conducted by Deputy State Medical Examiner Phillip Bennett determined Baker died from a gunshot wound to the head. A gunshot wound to his forearm—sustained during the initial encounter—was not fatal. The death was ruled a suicide.
No deputies, family members, or bystanders were injured during the incident.
Investigators found Deputy Kittelson fired nine rounds, while Deputy Theodoriches fired once.
Under Oregon law, the Grand Jury evaluated whether the deputies’ use of deadly force was justified. Jurors concluded that Baker had committed or attempted to commit multiple violent felonies, including domestic violence-related coercion, unlawful use of a firearm, and assault. They further determined the deputies reasonably believed deadly force was necessary to protect themselves and the victim, and that no reasonable alternatives were feasible given the immediacy of the threat.
The Grand Jury also heard testimony from Sondra Baker and the 911 caller.
Following the decision, Marion County Chief Deputy District Attorney Brendan Murphy praised the jury’s review and acknowledged the tragic outcome.
“It is tragic that Mr. Baker felt it necessary to take his own life,” Murphy said. “I am thankful no one else was injured, and I am also grateful for the bravery of the Sheriff’s deputies that day.”
Marion County District Attorney Paige Clarkson emphasized the dangers inherent in domestic violence calls, noting that law enforcement officers are often required to make split-second decisions to protect victims and the public.
After the findings were announced, representatives from the District Attorney’s Office met with Baker’s family to explain the decision and answer questions.
The investigation was conducted in accordance with Marion County’s Officer Use of Deadly Force Protocol, which requires an outside agency to lead investigations into police use of deadly force. The Salem Police Department led the investigation, with assistance from the Oregon State Police and other agencies.
Officials said additional materials from the investigation, including photographs and radio traffic, have been made available through a public online archive.
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