Attorneys seeks more details about Tulsa police shooting

TULSA — An attorney representing Terence Crutcher’s estate called on Tulsa police Monday to release more information, including possibly unreleased recordings, related to the fatal shooting of Crutcher by officer Betty Shelby.

Attorney Dan Smolen said his firm is looking at multiple issues when determining whether to file a lawsuit against the city for Crutcher’s death. Smolen represents Crutcher’s common-law wife, Frenchel Johnson-Crutcher, who was at a news conference but did not speak.

“The first (issue is) equal protection under the 14th Amendment — essentially whether or not the Tulsa Police Department is approaching African-Americans in the community the same as they have Caucasians,” Smolen said.

“The second distinct cause of action we’re looking at is obviously the excessive force claim, which is actually a violation of the Fourth Amendment. We’re looking at the extent to which officer Shelby violated it, as well as whether the Tulsa Police Department has a systemic issue with use of force.

“Lastly, the third issue we’re going to be evaluating is the Americans with Disabilities Act claim, Title 2, regarding public accommodation.”

Smolen did not detail what, if any, disabilities Crutcher had, but court records from a 2013 encounter he had with police indicate that he told authorities he had a false eye.

Shelby was charged Thursday with first-degree manslaughter in the death of Crutcher, 40, whom court records say she shot about 7:45 p.m., Sept. 16, because she feared he would kill her. Crutcher was unarmed. He was pronounced dead at a hospital less than an hour later.

Smolen questioned why police have not released dash camera footage from Shelby’s patrol car. Sgt. Shane Tuell told reporters during a Sept. 19 news conference that her camera was not turned on because she did not move her vehicle’s emergency equipment switch to the second position.

However, Tulsa Police Department policies state that the emergency equipment switch is only one of five ways to turn on the video.

“Either they’re in violation of their policy because she was not equipped with one of their triggering devices, or they need to explain why, if she was in such fear in those two minutes (before released video from other police cameras begins), she didn’t trigger her recording device,” Smolen said.

“She had a lot of time to communicate with dispatch. I find it hard to believe she didn’t have the time to push a button.”

Shelby was en route to an unrelated call when she saw Crutcher’s SUV stopped in the middle of the road on 36th Street North near Lewis Avenue. She said she called for a backup officer before approaching him and that he did not comply with her orders multiple times.

Officials said during the Sept. 19 news conference that Crutcher was not suspected of committing any crime at the time Shelby happened upon him.

Attorney Scott Wood, who represents Shelby, said she shot Crutcher because she saw him reach through his driver’s side window, possibly for a weapon. But attorneys for the Crutcher family assert that the window was closed.

Shelby is on unpaid leave and is subject to a Tulsa Police Department Internal Affairs investigation of the shooting.

Tulsa County District Judge Kurt Glassco ordered on Friday that Johnson-Crutcher, who Smolen said was Crutcher’s common-law wife of 16 years and the mother of three of his children, serve as the personal representative of Crutcher’s estate. But Crutcher’s parents, Joey and Leanna Crutcher, contested her appointment in a motion filed Monday asking to vacate the judge’s order.