Shauntai Nickerson Bought Shotgun After Oregon Prosecutor Dropped Assault Charge
A legal gap in state law allowed the mother of the Bend school shooter to purchase a Mossberg Maverick in August, following the dismissal of a 2023 assault accusation.
By Petra Garnier ·

Shauntai Nickerson completed a legal purchase of a Mossberg Maverick 88 pump-action shotgun in August, a transaction that would have been blocked under Oregon law had a single assault charge from 2023 resulted in a conviction. The firearm, which typically costs between $250 and $300, was registered in her name and is now the central focus of inquiries into how a 16-year-old accessed the weapon that killed four people at Silver Rail Elementary School in Bend.
The purchase occurred roughly eight months after the legal resolution of the second of two assault accusations against Nickerson. In the first incident, a Bend police report from January 2023 detailed a confrontation outside a Taco Bell where Nickerson, then 40, and her daughter Ariel Swan allegedly assaulted a woman. The report states that Nickerson followed the victim in a white SUV, attempted to run her over, and later attacked her physically. While Swan was charged with harassment and attempted fourth-degree assault, officers noted that Nickerson charged at them during the arrest but neither arrested nor charged her.
Less than two months after that initial altercation, court records show Nickerson faced a separate charge of assault and harassment involving a different victim, a woman in her early 40s. The records describe the injury as physical but provide no further police report details. In October 2023, Nickerson pleaded guilty to the harassment count. Two weeks later, the Deschutes County District Attorney’s office, led by Steve Gunnels, dismissed the assault charge.
In a statement released on October 23, the district attorney’s office explained that the prosecutor determined there was insufficient evidence to secure a victory at trial. Tung Yin, a professor at Lewis & Clark Law School, characterized the outcome as a likely plea bargain designed to avoid the cost and unpredictability of a trial. He noted that prosecutors must exercise wide discretion in charging decisions because they cannot prosecute every crime committed.
Oregon law prevents the sale of firearms to individuals convicted of a violent misdemeanor, such as assault, within the preceding four years. Because neither of the 2023 accusations against Nickerson ended in an assault conviction, the statutory restriction did not apply to her August purchase. Officials have confirmed that the sale was legal under existing state statutes. A conviction in either case would have rendered the purchase illegal.
Law enforcement has not publicly discussed the shooter’s motive, though Oregon Public Broadcasting reported that investigators are examining potential links to extremist groups. The shooter was killed by a parent of two students at the school. Court records describe a complex family history, noting that the shooter’s father, Griffin J. John, is homeless in Astoria and holds a felony conviction for assaulting a police officer. Nickerson herself was a victim of domestic violence; her former boyfriend Kyle Duncan pleaded guilty to felony assault and coercion against her in 2014, though those convictions were vacated after he completed a deferred sentencing program.
Dr. Harold Schwartz, a psychiatry professor at the University of Connecticut, observed that while many individuals share traits like isolation and anger, the availability of a weapon is the most differentiating factor. National Institute of Justice data indicate that 77% of mass shooters legally accessed their firearms, and more than 80% of school shooters obtained guns from family members. Some reports suggest the shotgun was a birthday gift, a detail the Oregon Journalism Project has not verified.
Nickerson, Duncan, and Swan did not return calls seeking comment. The next phase of the investigation will focus on how the weapon was transported to the school and whether the specific legal window between the dismissal of the charge and the purchase period allowed for the transaction to proceed without additional scrutiny.
Source: Willamette Week





