Shauntai Nickerson bought Bend shooter's shotgun after 2023 assault cases ended without convictions

Shauntai Nickerson legally purchased a Mossberg Maverick 88 pump-action shotgun in August, months after two separate assault cases against her concluded without an assault conviction. The firearm, which typically costs between $250 and $300, was registered in her name and later used by her 16-year-old son to kill four people at Silver Rail Elementary School in Bend. Oregon law permits 16- and 17-year-olds to possess rifles and shotguns provided a parent or guardian supplies the weapon.

State statutes prevent the sale of firearms to individuals convicted of a violent misdemeanor, such as assault, within the previous four years. Because neither of the 2023 accusations against Nickerson resulted in an assault conviction, this restriction did not trigger. A conviction in either case would have rendered the purchase illegal under current law.

The first incident occurred in January 2023. A Bend police report describes Nickerson, then 40, and her daughter Ariel Swan, then 19, attacking a woman outside a Taco Bell. The report states Nickerson followed the victim in a white SUV, attempted to run her over, and then both women exited the vehicle to assault her. Swan was arrested and charged with harassment and attempted fourth-degree assault. Nickerson was not charged in this instance, though reports noted she "charged" at officers during the arrest.

Less than two months later, Nickerson faced new charges of assault and harassment involving a different victim. Court records indicate she caused "physical injury" to a woman in her early 40s. In October 2023, Nickerson pleaded guilty to harassment. Two weeks later, the Deschutes County District Attorney's office dismissed the assault charge. In a statement on October 23, the office explained that prosecutors did not believe there was sufficient evidence to secure a conviction at trial.

Tung Yin, a professor at Lewis & Clark Law School, suggested the outcome likely reflected a plea bargain designed to avoid a costly and unpredictable trial. He noted that prosecutors exercise wide discretion in selecting cases. "There are so many crimes that people commit, prosecutors just can't charge them all, so they have to pick and choose," Yin said.

Police have not stated a motive for the shooting, though investigators are examining possible links to extremist groups. The shooter was killed by a parent of two students at the school. Court records detail a chaotic family history, including a father with a felony assault conviction and a mother who was a victim of domestic violence. Dr. Harold Schwartz, a psychiatry professor at the University of Connecticut, noted that while isolation and anger are common traits, the availability of a weapon is the primary differentiator. National Institute of Justice data show that 77% of mass shooters legally accessed their firearms, and more than 80% of school shooters took guns from family members. Nickerson, her ex-boyfriend Kyle Duncan, and daughter Swan did not return calls seeking comment.

The Oregon Journalism Project has not verified reports that the gun was a birthday gift. Officials have not disclosed where Nickerson purchased the firearm. The legal purchase stands as the primary factual basis for the weapon's presence at the school.