DA files motion to quash open records request in fatal shooting | CPT PPP Coverage

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Jan. 18—A district attorney filed a motion to quash the News-Capital’s Open Records Act requests for police videos after officers fatally shot a man.

Officers initially responded Saturday night to the 1900 block of Green Meadows Drive in McAlester for a reported mental health crisis. State investigators said a man disregarded law enforcement commands to put down a carbine rifle before officers fatally shot him.

The News-Capital on Tuesday submitted Open Records Act requests to responding agencies for 911 calls, incident reports, use of force statements, and body cam footage from responding officers during the fatal shooting.

District 18 District Attorney Chuck Sullivan on Wednesday filed a motion to quash “Open Records Act requests made by certain media outlets to obtain video footage recorded on body and dashboard cameras during the investigation and incident involving McAlester Police Officers Joseph Barlow, Eli Copeland, and Corey Cantrell and possible suspect James Klembara” on Jan. 14.

Sullivan’s motion cites 51 O.S. § 24A.8 A, 51 O.S. § 24A.8 (10) (b), and 51 O.S. § 24A.8 (12) (a) as reasons “the entirety of the video(s) is redactable” under statute.

51 O.S. § 24A.8 A lists a bevy of records law enforcement agencies “shall make available for public inspection and copying” — including video footage.

Sullivan’s motion accurately states 51 O.S. § 24A.8 (10) (b) allows law enforcement agencies to “redact or obscure specific portions of the recording that, among other reasons, depict the death of a person or a dead body, depict acts of severe violence resulting in great bodily injury.”

However, the law states videos can be redacted for depiction of a person’s death or great bodily injury unless those instances were “effected by a law enforcement officer.”

Sullivan’s motion states the officers fired at the suspect “ultimately causing his death.”

The motion also cites 51 O.S. § 24A.8 (12) (a) to bar release of videos that could materially compromise an ongoing criminal investigation or prosecution.

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Sullivan has yet to determine whether to charge anyone involved.

The Oklahoma State Bureau of Investigation said the man stood in the doorway with a carbine rifle when officers arrived at the home.

OSBI said the man disregarded commands to put down the weapon before officers shot the man and then rendered aid before medics arrived.

“A loaded carbine rifle and a high-capacity magazine were recovered from the scene,” OSBI said in a press release.

Officials said the man was later taken to the McAlester Regional Heath Center, where he was pronounced dead.

MPD Chief Kevin Hearod said his officers will be placed on paid administrative leave pending the outcome of the investigation.