Attorney Expects More From DA After Choctaw High School Football Game Shooting

The attorney representing Demetrize Carter, the man shot by an off-duty Del City police officer during the August 25 shooting at a Choctaw High School football game, has now asked the Oklahoma County District Attorney to consider criminal charges against that officer.

But, there's no indication from the District Attorney's office that would happen. In July, charges against seven other officers in separate incidents were dropped; underscoring District Attorney Vicki Behenna's high threshold to bring charges against officers in police shootings.

However, Carter's attorney Billy Clark believes this case warrants a different mindset.

“One of the things they wanted to ask was if my client had a gun," Clark said. "And my client did not have a gun. It was clear he didn’t have a gun. No one saw him with a gun. And there’s no footage of him with a gun in his hand.”

In addition to his letter imploring the charges against the officer, Clark sent another letter asking to review the body-camera footage in the case. That footage has been seen by the attorney representing the officer.

“The police officer has a right to review it," said attorney Gary James. "I as his agent, attorney, have a right to review it with him."

James said it is typical for the officer who shoots somebody to be allowed to review their own body-camera footage. But, James explained that the footage might otherwise be considered a closed record during the duration of an investigation; meaning someone like Clark typically is not allowed to view the footage.

The Oklahoma County Sheriff's Office is investigating the shooting. As of Wednesday, a spokesperson for the Sheriff's Office said everything is still under investigation.

Despite the lack of access to the footage, Clark firmly maintains his client did nothing wrong.

But James argues that the footage at least proves that the off-duty Del City officer perceived enough of a threat. News 9 has not seen the footage, and it has not otherwise been publicly released.

"It was a very justified decision to use deadly force," James said. "He didn’t comply.”