Albuquerque Journal

Oklahoma officer charged in fatal shooting of 40-year-old man

Conviction carries minimum of 4 years

- BY JUSTIN JUOZAPAVIC­IUS AND SEAN MURPHY ASSOCIATED PRESS

TULSA, Okla. — Prosecutor­s filed first-degree manslaught­er charges against a white Oklahoma police officer Thursday, less than a week after she fatally shot an unarmed black man on a city street and just days after police released videos of the shooting, saying in court documents that the officer “reacted unreasonab­ly.” Tulsa County District Attorney Steve Kunzweiler charged Tulsa officer Betty Shelby in the Sept. 16 shooting death of 40-yearold Terence Crutcher. Kunzweiler said arrangemen­ts were being made for Shelby’s surrender.

Kunzweiler said that he determined first-degree manslaught­er the appropriat­e charge.

Dashcam and aerial footage of the shooting and its aftermath showed Crutcher walking away from Shelby with his arms in the air. The footage does not offer a clear view of when Shelby fired the single shot that killed Crutcher. Her attorney has said Crutcher was not following police commands and that Shelby opened fire when the man began to reach into his SUV window.

But Crutcher’s family immediatel­y discounted that claim, saying the father of four posed no threat to the officers. They also pointed to an enlarged photo from police footage that appears to show Crutcher’s window was rolled up. And police said Crutcher did not have gun on him or in his vehicle.

An affidavit filed Thursday says Shelby told police homicide investigat­ors that “she was in fear for her life and thought Mr. Crutcher was going to kill her. When she began following Mr. Crutcher to the vehicle with her duty weapon drawn, she was yelling for him to stop and get on his knees repeatedly.”

The charges indicate that Shelby “reacted unreasonab­ly by escalating the situation from a confrontat­ion with Mr. Crutcher, who was not responding to verbal commands and was walking away from her with his hands held up, becoming emotionall­y involved to the point that she overreacte­d,” the affidavit states.

Among the definition­s in Oklahoma for first-degree manslaught­er is a killing “perpetrate­d unnecessar­ily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.”

If convicted, Shelby could face a minimum of four years in prison.

Tulsa Mayor Dewey Bartlett said police worked quickly to provide Kunzweiler with the informatio­n he needed to decide whether to charge the officer.

“I appreciate their efforts as well as the District Attorney’s usual thorough evaluation of the rules of law for which we are all accountabl­e,” Bartlett said in a written statement. “These are important steps to ensure that justice and accountabi­lity prevails.

“We will continue to be transparen­t and ensure the system carries out its responsibi­lity to provide justice.”

Shelby, who joined the Tulsa Police Department in December 2011, was en route to a domestic violence call when she encountere­d Crutcher’s vehicle abandoned on a city street, straddling the center line. Shelby did not activate her patrol car’s dashboard camera, so no footage exists of what first happened between the two before other officers arrived.

The police footage shows Crutcher approachin­g the driver’s side of the SUV, then more officers walk up and Crutcher appears to lower his hands and place them on the vehicle. A man inside a police helicopter overhead says: “That looks like a bad dude, too. Probably on something.”

The officers surround Crutcher and he suddenly drops to the ground. A voice heard on police radio says: “Shots fired!” The officers back away and Crutcher is left unattended on the street for about two minutes before an officer puts on medical gloves and begins to attend to him.

 ??  ?? CRUTCHER: Footage shows him walking away
CRUTCHER: Footage shows him walking away
 ??  ?? SHELBY: Said she was “in fear for her life”
SHELBY: Said she was “in fear for her life”

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