After DA dismissed manslaughter charges, officers' return to work timeline unclear

After the announcement that several police officers involved in fatal shootings have had criminal cases against them dismissed, Oklahoma City Police Chief Wade Gourley said Monday there is no timeframe for their return to duty.

“I couldn’t predict to you or tell you where those officers will end up because it’s largely gonna depend on the wellness, and the things that we’re working together towards that return-to-duty protocol,” Gourley told reporters at police headquarters downtown. “And how long that takes, too, I don’t have an answer for that.”

Oklahoma County District Attorney Vicki Behenna announced Friday the dismissal of manslaughter charges filed against five Oklahoma City police officers who opened fire on a 15-year-old robbery suspect even though he had dropped his gun.

Also dismissed were two other criminal cases involving fatal police shootings.

Behenna said under Oklahoma law the shootings were justified and she will use the state's multicounty grand jury to investigate future fatal officer-involved shootings.

All seven officers — six from Oklahoma City and one from The Village — have been on paid administrative leave.

Behenna made the decisions after hiring a use-of-force expert from California and after an extensive internal review by her office.

On Monday, Gourley declined to comment on whether he thought the fatal shootings were justified.

“It doesn’t matter whether I agree or not,” Gourley said. “Ultimately, what we do as a police department when we investigate a shooting is we gather the evidence and we present that to the district attorney’s office. We never offer an opinion. We’re not allowed to, and we shouldn’t be.”

Criminal justice advocates like the Rev. T. Sheri Dickerson, executive director of Black Lives Matter Oklahoma City, said the decision was "incredibly disrespectful and lacked any humanity" for the families of those killed.

"A lot of people are saying they are surprised that that was the decision and the action taken," Dickerson said. "Most people who have been advocating for equity and humanization of the systems of injustice — we weren’t the least bit surprised."

More: Criminal cases over three fatal police shootings in Oklahoma being dismissed

The three fatal OKC area fatal officer-involved shootings at issue

The most high-profile of the cases involved the fatal shooting of the teenage robbery suspect, Stavian Rodriguez.

He was hit by gunfire 13 times after he dropped his gun outside Okie Gas Express, 7917 S Western Ave., on Nov. 23, 2020, an investigation found.

The shooting led to protests, a federal civil rights lawsuit against the city and changes in police tactics. A security camera recorded the shooting. It shows the teenager was shot as he reached toward a back pocket while police yelled at him to get down.

In the back pocket was a cellphone. No other weapon was found.

Charged in 2021 with first-degree manslaughter were five Oklahoma City police officers: Bethany Sears, 32, Jared Barton, 36, Corey Adams, 30, Jonathan Skuta, 36, and Brad Pemberton, 33.

The second dismissal involves the fatal shooting of a mentally ill Black man on Dec. 11, 2020.

Sgt. Clifford Holman, now 38, was charged in 2021 with first-degree manslaugher after he shot Bennie Edwards in the back.

Videos show Edwards, 60, was armed with a knife but was fleeing. Police had confronted him outside an Oklahoma City pawn shop and beauty shop after getting a report he was bothering customers.

The videos show Holman fired three times after Edwards ran at one officer then fled down a parking lot.

The first shot missed, an investigation determined. The second hit Edward's leg, and the third hit him in the back. That fatal shot came 28 seconds after Holman arrived to assist other officers.

In a federal lawsuit, attorneys for Kimberly Thompson, Edwards’ daughter, and Juanita Hill, who are listed as co-administrators of the estate of Bennie Edwards, wrote that Edwards had mental illness.

The officers “used an unreasonable amount of force in relation to the threat posed by Mr. Edwards, who was exhibiting clear signs of mental illness, running away from (the officers) after being Tased multiple times and pepper sprayed, and was not threatening the life or safety of any officer or individual,” the suit alleges.

The shooting also sparked protests. Behenna said she met Friday with Edwards' family and with community leaders from the northeast side of Oklahoma City.

The third dismissal involves a fatal shooting inside a home in The Village on July 25, 2020.

Chance Avery, a corporal with The Village Police Department, was facing trial on a second-degree murder charge.

He shot Christopher Poor three times after the man came in the home with an aluminum baseball bat. The police corporal was at the home at the request of Poor's wife, who was picking up personal belongings after a fight.

Poor, 49, was drunk, an investigation found. His estate filed a civil rights lawsuit last year against The Village. Behenna said she spoke with Poor's widow Thursday night.

Avery, now 37, was originally charged in 2020 with first-degree manslaughter. The charge was later revised to second-degree murder or in the alternative first-degree manslaughter.

Gourley said Monday he has not spoken to the other families.

“There’s nothing I can say that's gonna ease their pain,” Gourley said. “This definitely does not ease their pain. I think, too, there’s been a lot of pain for the officers that have gone through this, as well and their families. There’s nothing you can say or do that’s going to erase any of that.”

Rand Eddy, the attorney representing Stavian’s mother, Cameo Holland, in a federal lawsuit against the city and police, told The Oklahoman he agreed with Gourley.

Behenna’s decision only worsens the pain, Eddy said.

“He’s right,” Eddy said. “ Nothing is gonna ease the pain. But this sure as heck increased it.”

The three cases were filed by then-District Attorney David Prater, a former Norman police officer who retired in January after 16 years as the county's top prosecutor.

Behenna’s decision on the dismissals shocked Eddy, especially in light of last year’s district attorney’s race when the Democrat defeated Kevin Calvey, a Republican.

Calvey pledged to dismiss all "wrongful charges" against law enforcement on his first day in office.

Behenna characterized the pledge as “pandering to law enforcement in order to get their vote."

Prater told The Oklahoman last week he stood by his decision to prosecutors.

“I think Prater actually has more law enforcement experience than she does, having been a police officer himself at one time,” Eddy said. “The bottom line is, I think he made the right decisions and she made the wrong ones.”

Concern’ about officers returning to the streets

Gourley was asked Monday if he was concerned about potential problems if the officers return to the streets.

“I think it has to be a concern, to be honest, but we also have to do what’s right and we have to do what’s best not only for those individuals but the community and our organization, as well,” he said.

However, Gourley said the officers are going through counseling and updated training.

The department follows a return-to-duty protocol that involves a wellness team, and if the officers come back, it will be a “lengthy process,” Gourley said.

Gourley said after the announcement of the dismissals the police department did not deploy for potential protests. No credible threats have been made against police here, he added.

“Most of the time there’s a protest in Oklahoma City, they obey the law,” he said. “They do what they're supposed to do and they have their voices heard.”

This article originally appeared on Oklahoman: OKC police: No return to work timeline after officers' charges dropped