The Oklahoman

Murder case on officer dismissed

Judge says state failed to show crime happened

- Josh Dulaney

A judge has ruled that an officer with The Village Police Department was justified in fatally shooting a man who approached him with a bat.

Chance Avery, 35, faced a felony first-degree manslaught­er charge and an amended second-degree murder charge after fatally shooting Christophe­r Poor, 49, three times July 25, 2020, inside a home in the 1600 block of Downing Street.

On Thursday, Oklahoma County Special Judge Lisa K. Hammond dismissed the case, saying “the state failed to establish” that a crime was committed.

Oklahoma County District Attorney David Prater filed the charge against Avery.

“We will be appealing this order,” Prater told the judge.

Avery was inside the residence at the request of Poor’s wife, who was picking up some personal belongings, when Poor ran from the garage into the living room clutching a bat, police said.

“While verbally engaged with Mr. Poor, Avery discharged his firearm, striking Mr. Poor three times, causing his death,” a deputy sheriff wrote in a probable cause affidavit. “This level of force utilized by Chance Avery exceeded the level of force appropriat­e for the victim’s actions during this encounter.”

Defense attorney Gary James argued that Avery had a right to use deadly force because Poor ignored multiple commands to drop the bat and continued to approach the officer.

“Chance Avery did his job,” James told reporters after the hearing. “Very unfortunat­e someone lost their life, but not by Corporal Avery’s actions. Those were the actions of Mr. Poor. It’s a sad day anytime someone dies. I think it’s a good day for law enforcemen­t.”

James cited a recent deadly force case he defended.

In August, Kay County District Judge Lee Turner dismissed a first-degree manslaught­er case against John Mitchell, a Blackwell police lieutenant who fatally shot a pickup driver who had fired at another driver, her own mother and a police officer after suffering a mental break.

Lt. John Mitchell, 41, faced trial over the fatal shooting of Micheal Ann Godsey.

Mitchell joined in a pursuit of Godsey early May 20, 2019, after shots were fired across the city. He fired an AR-15 rifle during the pursuit and after Godsey stopped. He then fired further with a handgun.

“Hey, I put 60 rounds in that dude, man. Hopefully, she’s down,” Mitchell told other officers, according to dashcam videos entered into evidence at the preliminar­y hearing.

Prosecutor­s argued the lieutenant never gave Godsey a chance when she turned a corner and appeared to be surrenderi­ng. They argued three other officers didn’t engage in gunfire at that time, only Mitchell.

Kay County District Judge Lee Turner called Godsey, 34, a violent fleeing felon who was a threat to officers as long as she was in possession of a handgun and not in custody. He specifically addressed the possibilit­y she was surrenderi­ng, writing that it is highly unlikely she suddenly became lucid given the extent of her delusional break.

Mitchell could still face trial if the Oklahoma Court of Criminal Appeals rules against him. Any decision, there, would likely not come until next year.

James praised the Oklahoma County judge’s ruling on Thursday and characteri­zed it as providing legal protection for police officers involved in deadly force cases.

“I think Judge Hammond’s order is like Judge Turner’s up in Kay County a couple weeks ago,” James said. “It’s precedenti­al. It may change the complexion of law, as police officers.”

Prater told reporters Hammond misinterpr­eted Oklahoma’s excessive force laws.

“We’re going to continue to hold police officers accountabl­e when they cross the line, and when they violate the law and kill people that they shouldn’t be killing,” he said. “There are very limited situations where officers can use deadly force, and that needs to be the exception rather than the rule.”

This isn’t the first excessive force case in which Avery has been involved.

In April 2014, Avery, then a Custer County sheriff’s deputy, and another deputy were cleared by the district attorney in the fatal shooting of an 18year-old man.

The family of Mah-hi-vist Goodblanke­t claimed he was suffering from a mental episode and they feared he was going to harm himself so they called 911.

Goodblanke­t had gunshot wounds on his head, chest, abdomen and right arm, according to a report by the office of the chief medical examiner. His blood alcohol level was 0.10, according to an autopsy.

The Custer County Sheriff’s Office presented Avery and Dillon Mach with a Medal of Valor “in recognitio­n of their performanc­e above and beyond the call of duty while disregardi­ng their own personal safety and exhibiting exceptiona­l courage in a life threatenin­g situation,” according to a social media post by the sheriff’s office.

Avery and Mach “were attacked by an intoxicate­d individual who had been diagnosed with ‘Opposition­al Defiance Disorder’ and was armed with a knife, according to the sheriff’s office post.

After Thursday’s hearing, Avery was greeted with support from loved ones, The Village police officers and other law enforcemen­t personnel.

He did not speak to the media.

 ?? DOUG HOKE/THE OKLAHOMAN ?? Charges against Chance Avery, the Village police officer facing manslaught­er, were dropped by Judge Lisa K. Hammond in Oklahoma County court Thursday.
DOUG HOKE/THE OKLAHOMAN Charges against Chance Avery, the Village police officer facing manslaught­er, were dropped by Judge Lisa K. Hammond in Oklahoma County court Thursday.

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