Oklahoma Co. DA Amends Deadly Shooting Charge Against Village Police Officer To 2nd-Degree Murder

The Oklahoma County District Attorney amended The Village police officer Chance Avery’s criminal charge during his preliminary hearing Wednesday morning.

Avery was charged in the 2020 officer-involved shooting that killed Christopher Poor. The charge was amended from manslaughter to second-degree murder.

Avery’s attorney Gary James said his preliminary hearing was continued to allow time to prepare witnesses.

One of the witnesses could be Poor’s estranged wife Melissa Poor. She let him in their home last July to gather his belongings. She also called The Village police to be there.

Avery responded to the domestic call and was wearing his body camera at the scene. Poor, a man with a violent past, confronted the officer with a bat.

Read: The Village Officer-Involved Shooting Body Camera Footage Released

“He was using a baseball bat as an attack,” said Gary James, attorney. “Interesting thing about this and whether it gets in the evidence or not, Mr. Poor’s first prison sentence was for aggravated assault and battery of a police officer.”

James said Avery was defending himself and the woman when he fired.

District Attorney David Prater charged Avery with first-degree manslaughter last September. The day of Avery's preliminary hearing, Prater amended the charge to second-degree murder.

A move the defense was not prepared for.

“We had been preparing for a manslaughter preliminary hearing,” said James. “Now the state adds another element.”

Despite the new change, law enforcement from multiple metro agencies showed up to support Avery.

“You saw how many uniformed officers were in the courtroom,” said James. “This is very important to them.”

Prater did not comment on camera after the hearing. He did agree in court to continue the hearing to give the defense time to prepare and allow Poor time to grieve the recent loss of two family members.

Avery remains out on bond. His preliminary hearing was continued to June 18.

Related: The Village Officer Charged With Manslaughter Turns Himself In, Released On Bond