Nearman likely let protesters into Capitol on purpose, an investigation finds

Republican Rep. Mike Nearman "more likely than not" intended to assist demonstrators who breached the Oregon Capitol and fought with police officers last year, a non-partisan legislative investigation concluded.

Nearman, from near Independence, faces criminal charges stemming from the incident. He was arraigned on those charges May 11. They are misdemeanors, but do carry possible jail time.

The Legislature's conduct investigation, released publicly on Wednesday, further concluded that Nearman's actions were likely responsible for impeding the ability of lawmakers and staff in the Legislature on Dec. 21 to function in the workplace.

The investigator found it reasonable that certain lawmakers and staff would feel threatened by the incursion into the Capitol, whether because they are a part of a protected class or have different political views.

However, it was inconclusive on Nearman's actions as to whether they constituted discrimination toward a protected class.

"It is outside my scope as a non-partisan investigator to decide whether assisting a group of demonstrators who appear to have far-right political beliefs, in itself, constitutes discrimination based on a protected class," the investigation reads, in part.

Nearman did not provide comment, nor make himself available to be interviewed as part of the investigation based on advice from legal counsel, the report notes. 

The inquiry started based on a conduct complaint from the Legislature's Facility Services Manager, who alleged that Nearman's actions put staff members and law enforcement in danger.

The bipartisan House Conduct Committee will meet June 9 to discuss the internal report. The committee's role is to receive the investigative report and make recommendations to the full House, which does have the authority to expel a member.

Much of the investigation was based on what was described as "indisputable" video evidence taken from security camera footage within the Capitol building. 

The video evidence shows Nearman exiting the Capitol at 8:29 a.m. from the vestibule entrance on the House side. Demonstrators — who the investigation noted were clearly far-right in political affiliation — had already been gathering outside for some time.

Only one demonstrator was near the door. When Nearman opened the door and stepped around the demonstrator, the man — carrying a flag with a stars and stripes Punisher logo and wearing a matching shirt — rushed through the open door to catch another door Nearman just walked through.

That door — also normally electronically locked — leads to an upward staircase that can take someone to within 50 feet of an entrance to the House Chamber.

The House was in session at the time.

Another protester held the outside door and they both began waving for others to join them. Three more did so before police officers arrived and shoved them back outside. But by then the door was being held open from the outside and the four officers were not able to close it.

This led to a standoff between police and rioters — both steadily growing in number — where officers repeatedly fended off surges in the doorway and chemical spray was used on both sides. 

Meanwhile, Nearman proceeded to walk along a walkway beside the Capitol building. About five and a half minutes later, he re-entered the Capitol through a different door.

Ultimately at least 50 people accessed the Capitol’s vestibule. Six Salem and Oregon State police officers were pepper-sprayed in the ensuing scuffles.

Rioters broke glass doors on the west side of the Capitol building, fought with police, assaulted journalists and tore tarps from the marble reliefs on the front steps.

Seven state representatives were interviewed, and they described people in the Capitol as seeming “visibly distraught,” “uneasy,” and “distracted” both on the day of the incident and for some time after.

Since Nearman's involvement in the breach of the Capitol became known in early January, many inside and outside the Legislature have called on him to resign.

Peter Starzynski, executive director of Accountable Northwest, redoubled those calls in a statement Wednesday evening. 

"This is a time for all legislators to come together to stand up for democracy and the safety of those in the Capitol and remove Rep. Nearman from office as soon as possible," Starzynski said. "It is unsafe to allow him to show up to the Capitol every day."

Reporter Connor Radnovich covers the Oregon Legislature and state government. Contact him at cradnovich@statesmanjournal.com or 503-399-6864, or follow him on Twitter at @CDRadnovich.

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