Man claims self-defense in I-5 road rage incident

Published 1:06 pm Tuesday, October 17, 2023

A man facing criminal charges in Jackson County for shooting at another driver during a road rage incident on Interstate 5 near Gold Hill claimed in civil court filings Wednesday that he acted in self-defense.

Jered Cody Hayden, 36, of Tidewater, reportedly tried to force 42-year-old Bryan McLeod of Central Point off I-5 July 27, then shot at McLeod and shouted racial slurs at him before McLeod ditched his car on BLM land and escaped into the forest out of fear for his life.

The self-defense claim by Hayden was in response to a civil lawsuit filed by McLeod, who said he suffered a range of injuries as a result of the ordeal. McLeod’s civil suit, filed Aug. 17, asks a jury to award him up to $1.1 million in damages.

“Any action taken by (the) defendant was made in self-defense,” wrote Hayden’s attorneys Gregory Baird and Chad Fuss, without elaborating further. Fuss declined comment for this story.

Hayden, who is white, faces numerous criminal charges, including attempted murder and first-degree bias crime, in connection to his admitted clash McLeod, who is Black. Hayden has pleaded not guilty to all charges.

Authorities alleged in a probable cause affidavit that Oregon State Police troopers responded just after 6 p.m. to “a crash” on I-5 near milepost 39 northbound.

Witnesses told police a silver Chevrolet Silverado, driven by Hayden, was the aggressor to McLeod’s black Dodge Durango by pushing the Dodge into the median. During the pursuit, Hayden’s children, ages 8 and 11, were in the car with him.

Both vehicles left the interstate at Exit 40,  where Hayden — who had already called dispatch — followed McLeod against responders’ commands, the affidavit said. 

Authorities said Hayden pursued McLeod onto  a Bureau of Land Management road. That’s where they believe Hayden fired multiple shots from his pistol into the Dodge. 

McLeod hid in the forest overnight while police searched for him using a K-9 and a drone. 

When he was arrested, Hayden told authorities that McLeod pointed a gun at him through his driver’s window, which caused Hayden to fire. Hayden said it was his intent to disable to the Dodge and did not think he hit McLeod.

Hayden’s children were taken into custody by the Department of Human Services following their father’s arrest.

On Friday, McLeod’s attorney Michael Fuller said Hayden’s answer to the civil complaint is “so vague that we can’t understand exactly what defenses he is raising.”

“It blames other people for what happened, but doesn’t say who or why,” Fuller said. “It blames my client for what happened, but it doesn’t say how or why. So, that’s an issue that we’ll have to raise with the court.”

Hayden’s five-page response to McLeod’s lawsuit includes seven different arguments in his defense, but he does not provide examples from July 27 in making them.

“Defendant did not cause (p)laintiff’s alleged damages or losses,” Fuss wrote in court filings. “Rather, the incident and (p)laintiff’s alleged injuries and/or resulting damages were caused by the fault of others, and/or the fault of (p)laintiff.”

Fuss believes Hayden was purposefully vague in his assertion of self-defense so “he can change his story later.”

“He didn’t want to pinned down by any specific story,” Fuller said. “Unfortunately, we need to know what his story is so we can take discovery on the facts.”

He was referring to a motion Fuss made asking Jackson County Circuit Court Judge David Orr to place a stay on McLeod’s lawsuit until at least 45 days after Hayden’s criminal case is over. A jury trial in that case has not been set.