September 3, 2021
By News Director Jared Atha
A judge has ruled that an officer with The Village Police Department was justified in fatally shooting a man who approached him with a bat.
35-year-old Chance Avery faced a felony first-degree manslaughter charge and an amended second-degree murder charge after fatally shooting a man three times July 25, 2020.
On Thursday an Oklahoma County Special Judge dismissed the case, saying “the state failed to establish” that a crime was committed.
Oklahoma County District Attorney David Prater filed the charge against Avery, and has stated that his office plans to appeal the order.
Police said the incident in question took place when Avery was inside the residence at the request of the man’s wife, who was picking up some personal belongings, when the man ran from the garage into the living room clutching a bat. A probable cause affidavit said while verbally engaged with the man, Avery discharged his firearm, striking him three times, causing his death.
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 officer.
This isn’t the first 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 18-year-old man Mah-hi-vist Goodblanket.
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