Village officer ordered to face jury trial in fatal shooting case
“While verbally engaged with Mr. Poor, Avery discharged his firearm, striking Mr. Poor three times, causing his death. This level of force utilized by Chance Avery exceeded the level of force appropriate for the victim’s actions during this encounter.” Probable cause affidavit written by a deputy sheriff
A district judge ruled Tuesday that an officer with The Village Police Department must face trial over fatally shooting a man, reversing a court decision earlier this month.
Saying Oklahoma County Special Judge Lisa K. Hammond erred in dismissing the case against Chance Avery, Oklahoma County District Judge Cindy Truong told attorneys that excessive force arguments “are questions of fact for the jury to decide.”
Avery, a 35-year-old corporal, faces a second-degree murder charge or firstdegree manslaughter in the alternative after fatally shooting Christopher Poor, 49, three times on July 25, 2020, inside a home in the 1600 block of Downing Street.
Avery's attorney argued that Poor ignored multiple commands to drop a baseball bat while approaching the officer.
Hammond dismissed the case, saying “the state failed to establish” that a crime was committed.
Truong said Hammond had a sound basis to believe Avery didn't violate the law, but ordered Avery to be bound over for trial. She issued her ruling after hearing arguments for about 90 minutes.
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.
Police body camera video shows Poor's wife saying he had been "drinking pretty hard," and "he's just so mean."
“While verbally engaged with Mr. Poor, Avery discharged his firearm, striking Mr. Poor three times, causing his death," a deputy sheriff wrote in a probable cause affidavit. "This level of force utilized by Chance Avery exceeded the level of force appropriate for the victim's actions during this encounter."
Oklahoma County District Attorney David Prater, who filed the charge against Avery, argued Tuesday that Hammond disregarded the deputy sheriff 's testimony, “completely ignored the actions of Avery” who caused the incident to escalate, and “completely subverted the role of a jury.”
After the hearing, Prater told reporters he would not seek a complaint against Hammond.
“I just think she came into this case with a very strong opinion about police officers and maybe it overwhelmed her,” Prater said.
Defense attorney Gary James argued that Avery legally used deadly force, and the sheriff 's investigator is no expert in excessive force cases.
“I believe Judge Hammond is a very reasonable preliminary hearing judge,” he told Truong.
After the hearing, James told reporters he will weigh whether to appeal Truong's decision, but a court will likely rule that Avery must wait to make an appeal should a jury find him guilty.
“We're going to continue to fight to make sure police officers can do their job and be safe,” James said.