A Coos County grand jury determination is being met with disappointment by the family of a man who was paralyzed during an arrest attempt last month.

Kaycee Faught, the daughter of Carl T. Foster, 58, said it was difficult for her to believe that her father - now a quadriplegic dependent on a respirator to breathe - resisted arrest.

"I can't imagine my dad throwing a punch at anybody," Faught said.

And, she added, his doctors never told her anything about a degenerative condition in Foster's cervical spine that they now say made him more susceptible to the neck injury.

"Nobody has discussed this with me that there was some other issue going on prior to this break in his vertebrae. None of the doctors or nurses told me about this," she said.

According to a Coos County District Attorney's Office press release, written by District Attorney R. Paul Frasier, last week's grand jury hearing resulted in a 6-1 decision that no criminal charges of use of excessive force be filed against Coquille Police Department officers James Bryant and Chris Webley.

Foster was injured Jan. 12 during an attempted arrest stemming from a Jan. 11 incident in which a vehicle driven by Lucille Phillips, 80, was damaged. The windshield was smashed and other damage had been done to the car. Her passenger, Julie Tabernig, had recently ended a romantic relationship with Foster and had asked Phillips to take her to his trailer on Shelley Road to collect her things.

The press release details information gathered from 16 witnesses brought before the grand jury, from a Major Incident and Crimes Team investigation, as well as from Michael Janin, an expert on the use of police force.

Witnesses heard by the grand jury included Webley, Bryant, Coos County Medical Examiner Kris Karcher, Phillips, Coos County Sheriff's Deputy Tony Watson, Richard Carlson, Coquille Police Sgt. Pat Smith, Casey Carlson, Lila McCovey, Richard Sandor, Detective Scott Rogers, Detective Milo Arnesen, Rose Sandor, Kathleen Sandor, Gayleen Golden and Harriet Morgan.

The grand jury was told investigators concluded the officers had probable cause to arrest Foster, that Foster had resisted arrest and took a swing at Webley, that the officers used an accepted method to take the man down to the ground and had no previous excessive force complaints against them.

According to the press release, Foster has an extensive record and is viewed as uncooperative by Coquille Police.

"His behavior has been such that the Coquille Police Department has labeled him a 'two officer contact,' meaning that if at all possible, no officer should contact him alone," the press release said.

The press release detailed the following:

* During the arrest attempt, Webley and Bryant arrived at or near a house located at 326 Dean St. in Coquille, where Foster was standing in the driveway. When asked about what had occurred the day before, Foster refused to answer the officers' questions.

* He began to turn away and leave. Webley ordered him to put his hands behind his back and Webley placed him in a control hold by grabbing FosterÕs right forearm and upper arm. Foster resisted by rocking his weight back onto his feet and clenched his free left hand. Webley spun him around and attempted unsuccessfully to take him down to the ground. Then Webley spun Foster to the right into Bryant, who took control of Foster's left arm. They both tried to control Foster, but he continued to resist by pushing. After Foster continued to struggle, Webley placed one of his feet in front of Foster's, which caused him to go to the ground.

* "While the officers indicated that they thought Mr. Foster's chest hit the ground first, the injury he suffered suggests that his chin also hit the ground hard and thus hyper-extended his neck towards his back," the press release states. "The evidence developed so far shows that the way this injury occurred was by Mr. Foster striking his chin on the ground as he was being taken to the ground by the police. There is no evidence that in taking him to the ground that the officers used more force than was needed to accomplish the goal of getting him on the ground."

Faught said she questioned some of this information and wondered why her father exhibited no scratches or bruising on his face.

"You would think that if he fell hard enough on his chin to break a bone in his neck, he'd at least have a scratch on his chin," she said.

The district attorney said Foster's physician at Sacred Heart Medical Center, where he remains today, pointed out some pre-existing abnormalities in his patient's cervical vertebrae. The doctor described the vertebrae as full of holes with an appearance like Swiss cheese. A subchondral cyst formation and spurring was seen in the second cervical vertebrae, which had been damaged during the arrest attempt.

"Because the vertebrae in question was 'holey' like 'Swiss cheese' the amount of force needed to cause this type of injury was reduced," the press release said.

Foster's daughter also is concerned about a statement in the press release about a urine analysis. A Coquille Valley Hospital drug analysis on a sample of Foste's urine revealed the presence of methamphetamine. He had first been taken to the hospital on the day of the arrest and was later taken to Sacred Heart in Eugene.

On Monday afternoon, Frasier said he thought the grand jury made the right ruling.

"It's unfortunate, what happened to Mr. Foster. However, given the degenerative problems in his neck, I don't know how it could have been avoided," Frasier said. "(The) only way is if he hadn't resisted arrest."

Faught said she does not know if she will pursue a civil suit against the city of Coquille and its police department, as she is waiting to speak with her attorneys. She also said that her father - formerly unable to communicate - is speaking on a limited basis.

The Yakima resident said her father is improving and she is looking into physical rehabilitation centers that will help him utilize what movement he has available to him, before he comes home with her.

"He has his ups and downs. Sometimes he says, "We'll be fine. We'll get through this,' and there are other times when he'll break down and cry. It's definitely a roller coaster for him."

Foster was listed in good condition at Sacred Heart this morning.