Monday, April 1st 2024, 5:35 pm
A man charged with first-degree murder in a road rage shooting in Norman last summer has had his motion for "stand your ground" defense denied.
Mark Kottka appeared in Cleveland County court on Thursday, attempting to get his case dismissed with a “stand your ground” defense.
Judge Tupper ruled Monday that the two motions, a motion to dismiss and a motion to dismiss due to immunity from prosecution, were both denied.
“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.
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