Yamhill County DA won't prosecute in beating death of man

MCMINNVILLE, Ore. - The Yamhill County District Attorney has decided not to file charges after a man died after he was hit by another man near a club last June.

The Yamhill Valley News-Register obtained a four-page memo from District Attorney Brad Berry. In the memo to McMinnville Police Department Detective Michelle Formway, he explains his reasoning for not prosecuting anyone in the case, which generated a large amount of public interest.

Andrew Agcaoili died two days after he was hit by another man near the Cabana Club June 2 after a confrontation he and his friends had that night with another group of men. After he was hit, Agcaoili fell to the ground, striking his head on the pavement, which ultimately caused him to die.

Berry said he can't prove it wasn't done in self-defense.

Friends of Agcaoili gathered Tuesday night where the confrontation happened. They held signs and voiced their frustration to protest the DA's decision. They said somebody is responsible for Agcaoili's death.

"I'm devastated. I feel like there's no justice at all," said Agcaoili's friend, Dimas Perez. "There was an act of violence there that should be - somebody should be accountable."

Eric Christensen, another friend of Agcaoili's, said he was there that night.

"They had a chance to leave. We were walking away. They were waiting here. It wasn't mutual."

But Berry, who reviewed surveillance video of what happened, ruled that's not clear. He said Brandon "Bam" Paholio could claim self-defense.

In his memo, posted by the Yamhill Valley News Register, Berry said, "Although it does not appear that Andrew threw a punch, a person about to be fought with does not need to wait to be struck to defend himself. ... "There is no question the punch delivered by Bam caused this death, but as we are unable to disprove the evident defenses, we are not in a position to prosecute."

Agcaoili's friends say the man who hit and killed him is a mixed martial artist who should be held responsible.

"When they're not in the ring, they should be accountable for their hands as weapons," said David Sanchez. "If obviously if that's what he's saying, that was enough to do that blow. That should be accountable. That should be enough."

Berry didn't return calls Tuesday night, asking him how he reached the conclusions.

Andrew's friends talked to us after learning about the decision. You can always contact us by emailing us at