Thursday, March 7th 2024, 10:30 pm
A man charged with first-degree murder in a road rage shooting in Norman last summer claims he acted in self-defense.
Mark Kottka appeared in Cleveland County court on Thursday, attempting to get his case dismissed with a “stand your ground” defense.
Kottka was handcuffed and shackled as deputies brought him into the Cleveland County Courthouse for a hearing to dismiss his case. “Long story short, if you are trapped by someone and you are hit to the point where you think you can't get back up, you have a right to defend yourself,” said Blake Lynch, Kottka’s attorney.
This is what Lynch told the court to prove why he says his client was forced to shoot. “In the state of Oklahoma, if you are stuck and you feel like you're in danger you have the right to defend yourself,” Lynch said. “They allege that my client acted with some malice or forethought.”
Kottka, 63, is charged with first-degree murder in the deadly shooting of Christian Gurrola. Investigators say it stemmed from a July 2023 road rage incident on Main Street in Norman.
Police say both men got into a shouting match when Kottka pulled out a gun and shot Gurrola. Lynch says forensic evidence shows Kottka was hit in the jaw by the victim and knocked down.
However, the State says Kottka was an aggressor and could have left the scene rather than confront Gurrola.
Now, Lynch is hoping he proved why his client should be immune from prosecution. “Regardless of whether the court dismisses this because he has immunity or whether they find that they don't have enough evidence to say he acted with malice and forethought, he went out and was planning to do something that day, he should be able to get out of jail,” Lynch said. “And that's our most pressing concern, in addition to getting these charges off of him because he doesn't deserve them.”
The judge is taking the motion under advisement and will make a ruling soon. Kottka remains behind bars on a $4 million bond.
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