No Charges Filed Against OKC Officers In Fatal Shooting Of Deaf Man

<p>District Attorney David Prater says his office will not file charges against an Oklahoma City police sergeant who fatally shot a deaf man.&nbsp;</p>

Friday, December 8th 2017, 3:55 pm

By: News 9


Two Oklahoma City police officers are cleared in a deadly shooting of a deaf man.

District Attorney David Prater announced his decision to not file charges during a press conference held Friday afternoon.

D.A. Prater said the officers involved were acting in self-defense, and said their actions were lawful and not excessive in the shooting death of 35-year-old of Magdiel Sanchez.

Read Related Story: Deaf Man Shot 5 Times By OKC Officer, Autopsy Shows

The shooting occurred September 19, when officers were following up on a hit-and-run involving Sanchez's father, near SE 57th and Shields. The suspect's truck had been spotted by witnesses at Sanchez's home. That's when the officers encountered Sanchez.

Police say Sgt. Christopher Barnes fired his gun and Lt. Matthew Lindsey deployed his taser. 

Sgt. Barnes has been on paid leave pending the investigation.

The officers were not wearing body cameras, due to the limited availability in the department, according to OKCPD.

Prater released body cam video of an officer responding to the scene after Sanchez was tased and shot five times. He said the evidence showed Sanchez was swinging a two-foot metal pipe around and advancing toward officers. 

"Lieutenant Lindsey described Sanchez as angry, agitate and continued to swing in aggressive manner," said Prater.

Attorney's for the Sanchez family believe the officers ignored witnesses telling them Sanchez was deaf. They say there might have been a different outcome if the incident was on video.

"Here we have no video," said Melvin Hill, Sanchez family attorney. "We have witness testimonies, officers' testimonies and impressions of officers. Consequently no charges."

Read Related Story: Deaf Community Leaders React To Deadly OKCPD Shooting

The lawyers will continue to investigate the evidence for the family's civil rights case. Sanchez's father will also face felony charges for the hit-and-run crash. 

"Lieutenant Lindsey described Sanchez as angry, agitate and continued to swing in aggressive manner," said Prater.

Attorney's for the Sanchez family believe the officers ignored witnesses telling them Sanchez was deaf. They say there might have been a different outcome if the incident was on video.

"Here we have no video," said Melvin Hill, Sanchez family attorney. "We have witness testimonies, officers' testimonies and impressions of officers. Consequently no charges."

Read Related Story: Deaf Community Leaders React To Deadly OKCPD Shooting

The lawyers will continue to investigate the evidence for the family's civil rights case. Sanchez's father will also face felony charges for the hit-and-run crash. 

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District Attorney David Prater says his office will not file charges against an Oklahoma City police sergeant who fatally shot a deaf man. 

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