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Western power fined over goldfields death Copyright by KOIN - All rights reserved Video

PORTLAND, Ore. (KOIN) --- A state prison guard has been found guilty of murder and attempted murder for killing a man he mistakenly thought was a prostitute.

Kevin James Tatum, 47, was on duty in August 2015 when he saw a naked 27-year-old woman being robbed at gunpoint outside a Portland, Ore., park, according to court documents. Tatum said he felt the woman, who was white, had a "big scar" above her left eye.

"I realized she was a prostitute and I thought it was really cool," Tatum said during the trial. "I pulled my gun and said 'hey you're robbing me!... That girl's black and your on the wrong way! Stop!' "

"My gun pointed at her eye. I pointed the gun at her and I knew that if she wasn't going to comply then I was going to shoot her," Tatum said.

But instead, the gun accidentally went off while Tatum was trying to call 911 and he accidentally fired it.

Tatum's family sued Portland police and City of Portland, alleging they had committed criminal negligence, assault and battery, attempted assault and recklessly discharged a weapon when they responded to the shooting. A city judge ruled in August 2015 that all four elements of the lawsuit could be amended to include negligence of the officer. That ruling was appealed to Oregon Court of Appeals, which on January 30 gave the city and police two years to reach an agreement to settle.

"The City has already paid for the costs to resolve this lawsuit, but there is no way we can afford to lose the appeal," Robert Hines, a spokesman for Mayor Charlie Hales, said in a written statement. "That's why I am happy that we have a settlement that reflects the city's best interest."

It was after Tatum filed the suit that an undercover video released this summer showed his actions leading up to the shooting that left James Tatum and two other undercover officers with multiple gunshot wounds.

Officers Jason White and Kevin Lunsford shot James Tatum, 41, twice in the head before he was taken to a hospital. A third officer shot James Tatum in the chest twice as he was laying motionless on the floor of a city park, where he was shot and dragged off for eight hours before being arrested. Two days after the shooting, James Tatum's family filed civil rights complaints with Multnomah County Circuit Court and with the U.S. Justice Department, claiming that police didn't do enough to de-escalate the tense confrontation and used excessive force and unnecessary force.

Tatum's family sued and settled the suit wit
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