OK Co. DA: Suspect In SW OKC Shooting Should've Never Been Out Of Prison

Oklahoma County's District Attorney said Friday's police shooting in Southwest Oklahoma City never should have happened because the accused gunman never should have been out of prison.

Herbert Hill was killed by officers after police said he opened fire at S.W. 60th Street and Western Avenue Friday evening. 

2/7/2015 Related Story: New Details On Suspect In SW OKC Officer-Involved Shooting

Sgt. John Townsend was hit in the leg and chest, but he was wearing his protective vest. The officer was released from the hospital the same day as the shooting.

Sgt. David Prater showed News 9 Hill's file, which included a 17-year sentence for shooting with intent to kill.

That sentenced was modified to one year in prison by Oklahoma County Judge Jerry Bass.

“There is no justification for that,” said Prater about the judge's decision.

Prater tried twice to revoke the modified sentenced after Hill was arrested for drug possession and after he failed to register as a violent offender after being released from prison.

Prater said, for whatever reason, the judge kept postponing the hearing.

When Hill failed to appear for a court date this month, officers went looking for him and found him Friday.

“Judge Bass needs to answer for this,” said Prater.

Prater said there are good reasons to modify a convicted felon's sentence, but not when the crimes are as violent and Hill's.

Judge Bass retired in January and told News 9, through a friend, he doesn't want to comment on Hill's case without taking another look at court records.

Meanwhile, an Oklahoma City police officer recovers from a bullet wound to the leg.

“He was trying to kill that officer,” said Prater. 

2/6/2015 Related Story: OCPD: Officer Shot In The Leg, Suspect Shot And Killed In SW OKC