• Shelby defense says witness proves Crutcher pointed gun at someone the day before his death

    By: Ashli Lincoln

    Updated:

    TULSA, Okla. - Quick facts:

    • Betty Shelby's defense said they have evidence Terence Crutcher was out shooting a gun in the street the day before she shot and killed him.
    • Shelby is facing a manslaughter charge for shooting Crutcher.
    • Her defense filed a motion to examine a firearm found the day before the shooting.

     

    An attorney for Tulsa officer Betty Shelby says they have evidence that Terence Crutcher was shooting a firearm in the street the day before she shot and killed him.

    Shelby's defense filed a motion to examine a firearm found the day before Crutcher's death.

    They say a caller reached out to her attorney, claiming he had seen Crutcher shooting a gun up and down East 52nd Street.

    Officers did find a firearm in the area. They held it for evidence. They did not take an official police report, because they say no crime happened. No one was arrested.

    Now, Shelby's defense says investigators confirmed through independent witnesses that Crutcher had fired the gun, even pointing it directly at someone the night before Shelby shot and killed him.

    Attorneys say they want to search the gun for DNA evidence or fingerprints.

    FOX23 is reaching out to the prosecution and defense to find out how they say it will affect the case.

    When Shelby's defense first mentioned that they believed Crutcher was seen shooting a gun the day before his death, the Crutcher family attorney, Damario Solomon-Simmons, released this statement in response:

    “It is sad, but not surprising, that Officer Shelby’s counsel continues to promote irrelevant information in an attempt to distract from undisputed facts that Office Shelby shot and killed Terence Crutcher without provocation or justification. 

    The undisputed facts are as follows:

    Fact #1.  Nothing that occurred on or before September 16, 2016, at 7:15 p.m. is relevant to the unjustified and unprovoked shooting and killing of Terence Crutcher.

    Fact #2.  The video shows that Terence Crutcher was unarmed when he was shot and killed by Officer Shelby.

    Fact #3. Terence Crutcher did not have a weapon in the car when he was shot and killed by Officer Shelby.

    Fact #4. The video shows that Terence Crutcher had his hands up when he was shot and killed by Officer Shelby.

    Fact #5. The video shows that Terence Crutcher did not make any sudden movements towards the officers when he was shot and killed by Officer Shelby.

    Fact #6. Terence Crutcher was not a suspect for any crime when he was shot and killed by Officer Shelby.

    Fact #7. Terence Crutcher was not known to be breaking any laws when he was shot and killed by Officer Shelby.

    Fact #8. The video shows that Terence Crutcher was not being belligerent when he was shot and killed by Officer Shelby.

    Fact #9. The video shows that out of the four (4) officers on the scene, only Officer Shelby had her gun out.

    Fact #10. The video shows that out of the four (4) officers on the scene, only Officer Shelby shot Terence Crutcher.

    In closing, we are optimistic that District Attorney Steve Kunzweiler will rely on the actual facts of this case to secure a guilty verdict and appropriate prison sentence for the tragic killing of Terence Crutcher.”   

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