Shauntai Nickerson's 2023 Assault History Left Bend Shooter's Shotgun Purchase Legal
New records reveal that the mother of the Silver Rail Elementary shooter had two prior assault accusations that did not result in convictions, allowing her to legally buy the weapon used in the attack.
By Emma Mehta ·
A week after four people lost their lives in a mass shooting at Silver Rail Elementary School in Bend, scrutiny has shifted to the legal path that allowed a 16-year-old to enter his former school armed with a loaded shotgun. New records examined by the Oregon Journalism Project indicate the firearm belonged to his mother, Shauntai Nickerson. She had been accused of assault twice in the years leading up to the purchase, yet neither incident resulted in a final conviction that would have barred her from buying the gun.
Law enforcement officials confirmed that Nickerson legally acquired the Mossberg Maverick 88 pump-action shotgun in August. The weapon, which typically costs between 250 and 300 dollars, was registered under her name. Officials have not disclosed the specific location of the purchase. Under current Oregon statutes, teenagers aged 16 and 17 are permitted to possess rifles and shotguns provided a parent or guardian supplies the firearm.
The state prohibits selling firearms to individuals convicted of a violent misdemeanor, such as assault, within the last four years. Because neither of the 2023 accusations against Nickerson resulted in an assault conviction, this restriction did not trigger. Had she been convicted in either case, the subsequent purchase would have been illegal.
The first incident occurred in January 2023. A Bend police report describes Nickerson, then 40, and her 19-year-old daughter, Ariel Swan, assaulting a woman outside a Taco Bell. According to the report, Nickerson followed the victim down an alley in a white SUV and attempted to run her over. She then yelled obscenities from the vehicle before both women exited to attack the victim. The pair told police the woman had slept with Nickerson's ex-boyfriend, a claim the victim denied. Swan was arrested and charged with harassment and attempted fourth-degree assault. Nickerson was not charged, though reports noted she charged at officers during the arrest.
Less than two months later, Nickerson faced charges for assault and harassment in a separate case involving a woman in her early 40s. Court records state she caused physical injury but provide few other details. She pleaded guilty to harassment in October 2023. Two weeks later, the office of Deschutes County District Attorney Steve Gunnels dismissed the assault charge. In a statement released today, the office explained that prosecutors did not believe there was sufficient evidence to secure a victory at trial.
Tung Yin, a professor at Lewis & Clark Law School, suggested the outcome likely stemmed from a plea bargain. Such arrangements allow both sides to avoid the cost and unpredictability of a full trial. He noted that prosecutors exercise broad discretion in deciding which cases to pursue. He stated that because so many crimes occur, prosecutors must choose which ones to charge.
Police have not yet discussed a motive for the shooting, although Oregon Public Broadcasting reported that investigators are looking at possible links to extremist groups. The shooter was killed by a parent of two students at the school. Court records paint a picture of a chaotic family history. The shooter's father, Griffin J. John, 47, is homeless in Astoria and has a felony conviction for assaulting a police officer, along with other misdemeanor charges. Nickerson was a victim of domestic violence in 2014 when her boyfriend, Kyle Duncan, pleaded guilty to felony assault and coercion against her. Those convictions were later vacated after he completed a deferred sentencing program.
Dr. Harold Schwartz, a psychiatry professor at the University of Connecticut who studies school shooters, noted that many people share traits like isolation and anger without becoming violent. He emphasized that the availability of the weapon is the most significant differentiator. Data from the National Institute of Justice shows that 77% of mass shooters legally accessed their firearms, and over 80% of school shooters took guns from family members. Some reports claim the gun was a birthday gift, a detail the Oregon Journalism Project has not verified. Nickerson, Duncan, and Swan did not return calls seeking comment.
Source: Willamette Week
