The murder trial against a police officer from The Village will move forward once again.
Chance Avery was charged after he reportedly shot a man while investigating a disturbance call.
Judge Lisa Hammond initially put the charges on hold in early September. That kicked the case up to a district judge who sided with the state and lifted the hold.
"We won the first battle; state's won the second battle. There's a lot of battles in war," said Gary James, Avery's attorney.
The decision by Oklahoma County District Judge Cindy Truong set the wheels in motion once again for the murder trial against Avery.
Hammond put a hold on the trial because she didn't think the state showed enough evidence that Avery used excessive force.
"Which showed Mr. Poor advancing on Cpl. Avery. He had taken the bat and moved it from his left hand to his dominant right hand. The bat starts to go up and that's when Cpl. Avery fires at him," James said.
The state appealed Hammond's decision, which put Avery's case in front of Truong. Truong disagreed with the previous ruling.
"She ruled that Judge Hammond had errored, which directs Judge Hammond to bind him over for trial," James said. "Once you're bound over for trial, you will then go to the assigned district judge."
James said Truong's decision was hard to take.
"I don't think people truly understand the time for an officer to make a decision to use deadly force or not is usually within a half of second," he said.
Because of the decision, James may use a rare procedure called an extraordinary writ which would ask the Oklahoma Court of Criminal Appeals to intercede into the case and stop further movement.
"I believe that the law is so clear that the state has to present evidence of excessive force at preliminary hearing. I do not believe that was done. My client shouldn't have to face a jury and the risk of being convicted," James said.
If the extraordinary writ does not go through, Avery will be bound over trial on Oct. 1.
News 9 did reach out to the district attorney's office for comment, but did not hear back prior to publication of this story.