The Village Police Officer Heads To Trial Following Deadly 2020 Shooting

A police officer working for The Village will face murder charges for the killing of Christopher Poor in July 2020.

Chance Avery is accused of using excessive force when he shot and killed Poor during a disturbance call. Avery is facing second-degree murder and first-degree manslaughter charges. 

Judge Nikki Kirkpatrick said during a hearing Friday that a jury would decide Avery’s fate. 

The state has argued there was testimony form an officer that the use of force was unnecessary due to the bat Poor was holding being pointed to the ground. The defense said Poor was moving towards Avery after being told to put the bat down several times. 

“A guy coming at you with a ball bat within five feet cussing at you, you got to presume he's going to hurt you,” defense attorney Gary James said. 

Both sides cited Oklahoma Statute 34.1 that states, “Any peace officer, who uses excessive force in pursuance of such officer’s law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen.”  

“A police officer is held at to a different standard than another person. So that to me is why there's a police immunity argument not a police liability argument based upon the Supreme Court's interpretation of that statute,” James said. 

Judge Kirkpatrick said during the hearing that everyone in the courtroom understands that law enforcement officers have to make quick decisions, but a jury would need to decide whether Avery’s actions were justified.  

District Attorney David Prater did not want to comment on Friday's ruling. The trial is set for September 26.